Legal Medicine - Laws and Cases

REPUBLIC ACT NO.
9165 June 7, 2002
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
Be it enacted by the Senate and House of Representatives of the Philippines in Congress
Section 1. Short Title. This Act shall be known and cited as the "Comprehensive Dangerous Drugs Act of 2002".
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 34, 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.
(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 plant Cannabis sativa L. including, but not limited to, Cannabis americana, hashish, bhang,
guaza, churrus and ganjab, and embraces every kind, class and character of marijuana, whether dried or fresh and
flowering, 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 bracteatum and 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, email, 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, and 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 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.
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 chemical 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.
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.
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 (P500,000.00) 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 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 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.
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.
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;
(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
(MDA) or "ecstasy", paramethoxyamphetamine (PMA), trimethoxyamphetamine (TMA), lysergic acid
diethylamine (LSD), gamma hydroxyamphetamine (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.
The possession of such equipment, instrument, apparatus and other paraphernalia fit or intended for any of the purposes
enumerated in the preceding paragraph shall be prima 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.
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.
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.
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: Provided, 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.
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 Drug 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.
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 civil 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 he 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 he 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 the 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.
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;
(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 drugs 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
estimates 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 controlled 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 drugs 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.
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;
(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 seize
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
(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.
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
Testifying 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.
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 effectivity of this Act and
may be extended by a joint concurrent resolution.
Section 98. Limited Applicability of the Revised Penal Code. Notwithstanding any law, rule or regulation to the contrary,
the provisions of the Revised Penal Code (Act No. 3814), as amended, shall not apply to the provisions of this Act, except
in the case of minor offenders. Where the offender is a minor, the penalty for acts punishable by life imprisonment to death
provided herein shall be reclusion perpetua to death.
Section 99. Separability Clause. If for any reason any section or provision of this Act, or any portion thereof, or the
application of such section, provision or portion thereof to any person, group or circumstance is declared invalid or
unconstitutional, the remainder of this Act shall not be affected by such declaration and shall remain in force and effect.
Section 100. Repealing Clause. Republic Act No. 6425, as amended, is hereby repealed and all other laws,
administrative orders, rules and regulations, or parts thereof inconsistent with the provisions of this Act, are hereby
repealed or modified accordingly.
Section 101. Amending Clause. Republic Act No. 7659 is hereby amended accordingly.
Section 102. Effectivity. This Act shall take effect fifteen (15) days upon its publication in at least two (2) national
newspapers of general circulation.
Approved,
(Sgd) (Sgd)
FRANKLIN M. DRILON JOSE DE VENECIA, JR.

President of the Senate Speaker of the House of Representatives
This Act which is a consolidation of Senate Bill No. 1858 and House Bill No. 4433 was finally passed by the Senate and
the House of Representatives on May 30, 2002 and May 29, 2002, respectively.
(Sgd) (Sgd)
OSCAR G. YABES ROBERTO P. NAZARENO

Secretary of the Senate Secretary General
House of Representatives
Approved: January 23, 2002
(Sgd)
GLORIA MACAPAGAL-ARROYO
President of the Philippines
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
1971 UNITED NATIONS SINGLE CONVENTION ON PSYCHOTROPIC SUBSTANCES
LIST OF SUBSTANCES IN SCHEDULE I
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-ol
DMT 3-[2-(Dimethylamino)ethyl]indole
DOET ()-4-Ethyl-2,5-dimethoxy-a-phorethylamine
2,5-Dimethoxy-4-ethylamphetamine
ETICYCLIDINE (PCE) N-Ethyl-1-phenylcyclohexylamine
ETRYPAMINE 3-(2-Aminobutyl)indole
(+)-LYSERGIDE (LSD, LSD- 9,10-Didehydro-N,N-diethyl-6-methylergoline-8b-

25) carboxamide
MDA (+)-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-Methylenedioxy-N-ethylamphetamine
N-HYDROXY MDA (+)-N-[a-Methyl-3,4-(methylenedioxy)phenethyl]-

hydroxylamine
PARAHEXYL 3-Hexyl-7,8,9,10-tetrahydro-6,6,-9-trimethyl-6H-
dibenzo[b,d]pyran-1-ol
PMA p-Methoxy-a-methylphenethylamine
Paramethoxyamphetamine
PSILOCINE, PSILOTSIN 3-[2-(Dimethylamino)ethyl]indol-4-ol
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-ol
(9R,10aR)-8,9,10,10a-Tetrahydro-6,6,9-
trimethyl-3-pentyl-6H-dibenzo[b,d]pyran-1-
ol
(6aR,9R,10aR)-6a,9,10,10a-Tetrahydro-
6,6,9-trimethyl-3-pentyl-6H-
dibenzo[b,d]pyran-1-ol
(6aR,10aR)-6a,7,10,10a-Tetrahydro-6,6,9-
trimethyl-3-pentyl-6H-dibenzo[b,d]pyran-1-
ol
(6a,7,8,9-Tetrahydro-6,6,9-trimethyl-3-
pentyl-6H-dibenzo[b,d]pyran-1-ol
(6aR,10aR)-6a,7,8,9,10,10a-Hexahydro-
6,6,dimethyl-9-methylene-3-pentyl-6H-
Dibenzo[b,d]pyran-1-ol
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
stereou\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
Substances in Schedule IV
1. ALLOBARBITAL
2. ALPRAZOLAM
3. AMFEPRAMONE 4. AMINOREX
5. BARBITAL
6. BENZFETAMINE(benzphetamine)
7. BROMAZEPAM
8. Butobarbital
9. BROTIZOLAM
10. CAMAZEPAM
11. CHLORDIAZEPOXIDE
12. CLOBAZAM
13. CLONAZEPAM
14. CLORAZEPATE
15. CLOTIAZEPAM
16. CLOXAZOLAM
17. DELORAZEPAM
18. DIAZEPAM
19. ESTAZOLAM
20. ETHCHLORVYNOL
21. ETHINAMATE
22. ETHYL LOFLAZEPATE
23. ETILAMFETAMINE(N-ethylampetamine)
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. METHYPRYLON
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. TEMAZEPAM
58. TETRAZEPAM
59. TRIAZOLAM
60. VINYLBITAL GHB (Gamma-Hydroxyburic acid)
61. Zolpidem
R.A. No. 10918 Section 34. Physicians Sample.- Pharmaceutical products given or intended to be given free to any
health professional by a manufacturer or distributor or its professional service representative as part of its program or
promotion shall not be sold to any pharmaceutical outlet or the consuming public.
The statement Sample, Not for Sale, or its equivalent, shall appear conspicuously on the primary and secondary
packaging of the drug or combination products (medical device and drug) classified as drug according to the primary
intended mode of action to be given. It shall be unlawful to remove, erase, deface or mark the original labels of samples.
Pharmaceutical products classified as antimicrobials, including anti-TB medicines and other classifications of medicines,
as may be prescribed by the FDA, shall not be given or distributed as physicians samples.
PRESIDENTIAL DECREE No. 169 April 4, 1973
REQUIRING DOCTORS, HOSPITALS, CLINICS, ETC. TO REPORT TREATMENT FOR PHYSICAL INJURIES
WHEREAS, pursuant to Proclamation No. 1081, dated September 21, 1972 and No. 1104, dated January 17, 1973,
martial law has been declared throughout the Philippines to, among other goals, restore and maintain peace and order;
WHEREAS, for the attainment of the aforesaid goal, and to enable the law-enforcement agencies to keep track of all
violent crimes, conduct timely investigations thereon and effect the immediate arrest of the perpetrators thereof, it is
necessary that all persons treating injuries resulting from any form of violence be required to report such fact to said
agencies;
WHEREAS, while some of the victims of violent crimes, or those who may have sustained physical injuries in the act of
committing or as the result of the commission of a crime submit themselves for medical treatment in hospitals, medical
clinics, sanitariums, or other medical establishments, or to medical practitioners, they do not report their injuries to the
law-enforcement agencies for one reason or another;
NOW, THEREFORE, I, FERDINAND E. MARCOS, pursuant to Proclamations No. 1081, dated September 21, 1972 and
No. 1104, dated January 17, 1973 and in my capacity as Commander-in-Chief of all the Armed Forces of the Philippines,
do hereby order and decree that:
1. The attending physician of any hospital, medical clinic, sanitarium or other medical establishments, or any
medical practitioner, who has treated any person for serious or less serious physical injuries as those injuries are
defined in Articles 262, 263, 264 and 265 of the Revised Penal Code shall report the fact of such treatment
personally or by fastest means of communication to the nearest Philippine Constabulary unit without delay:
Provided, That no fee shall be charged for the transmission of such report through government communication
facilities;
2. The report called for in this Decree shall indicate when practicable, the name, age; address and nearest of kin
of the patient; the nature and probable cause of the injury; the approximate time and date when, and the place
where, the injury was sustained; the time, date, and nature of treatment; and the physical diagnosis and/or
disposition of the patient;
I do further order and decree that any violation of this Decree and/or the rules and regulations which shall be promulgated
by competent authorities in accordance herewith, with malicious intent or gross negligence, shall suffer the penalty of
imprisonment for not less than one year nor more than three (3) years and/or a fine of not less than 1,000 nor more than
3,000 pesos, as a military tribunal may direct. In addition, the government license or permit of the attending physician to
practice his profession shall be cancelled by the Civil Service Commission after the sentence imposed by the military
tribunal has become final and executory.
The Secretary of Health and the Secretary of National Defense shall promulgate the necessary rules and regulations to
carry out the purposes of this Decree.
Done in the City of Manila, this 4th day of April, in the year of Our Lord, nineteen hundred and seventy-three.
PRESIDENTIAL DECREE No. 603
THE CHILD AND YOUTH WELFARE CODE
I, FERDINAND E. MARCOS, President of the Philippines, by virtue of the powers vested in me by the Constitution, do
hereby order and decree the following:
TITLE I
GENERAL PRINCIPLES
Article 1. Declaration of Policy. - The Child is one of the most important assets of the nation. Every effort should be
exerted to promote his welfare and enhance his opportunities for a useful and happy life.
The child is not a mere creature of the State. Hence, his individual traits and aptitudes should be cultivated to the utmost
insofar as they do not conflict with the general welfare.
The molding of the character of the child starts at the home. Consequently, every member of the family should strive to
make the home a wholesome and harmonious place as its atmosphere and conditions will greatly influence the child's
development.
Attachment to the home and strong family ties should be encouraged but not to the extent of making the home isolated
and exclusive and unconcerned with the interests of the community and the country.
The natural right and duty of parents in the rearing of the child for civic efficiency should receive the aid and support of
the government.
Other institutions, like the school, the church, the guild, and the community in general, should assist the home and the
State in the endeavor to prepare the child for the responsibilities of adulthood.
Article 2. Title and Scope of Code. - The Code shall be known as the Child and Youth Welfare Code. It shall apply to
persons below twenty-one years of age except those emancipated in accordance with law. "Child" or "minor" or "youth"
as used in this Code, shall refer to such persons.
Article 3. Rights of the Child. - All children shall be entitled to the rights herein set forth without distinction as to legitimacy
or illegitimacy, sex, social status, religion, political antecedents, and other factors.
(1) Every child is endowed with the dignity and worth of a human being from the moment of his conception, as
generally accepted in medical parlance, and has, therefore, the right to be born well.
(2) Every child has the right to a wholesome family life that will provide him with love, care and understanding,
guidance and counseling, and moral and material security.
The dependent or abandoned child shall be provided with the nearest substitute for a home.
(3) Every child has the right to a well-rounded development of his personality to the end that he may become a
happy, useful and active member of society.
The gifted child shall be given opportunity and encouragement to develop his special talents.
The emotionally disturbed or socially maladjusted child shall be treated with sympathy and understanding, and
shall be entitled to treatment and competent care.
The physically or mentally handicapped child shall be given the treatment, education and care required by his
particular condition.
(4) Every child has the right to a balanced diet, adequate clothing, sufficient shelter, proper medical attention, and
all the basic physical requirements of a healthy and vigorous life.
(5) Every child has the right to be brought up in an atmosphere of morality and rectitude for the enrichment and
the strengthening of his character.
(6) Every child has the right to an education commensurate with his abilities and to the development of his skills
for the improvement of his capacity for service to himself and to his fellowmen.
(7) Every child has the right to full opportunities for safe and wholesome recreation and activities, individual as
well as social, for the wholesome use of his leisure hours.
(8) Every child has the right to protection against exploitation, improper influences, hazards, and other conditions
or circumstances prejudicial to his physical, mental, emotional, social and moral development.
(9) Every child has the right to live in a community and a society that can offer him an environment free from
pernicious influences and conducive to the promotion of his health and the cultivation of his desirable traits and
attributes.
(10) Every child has the right to the care, assistance, and protection of the State, particularly when his parents or
guardians fail or are unable to provide him with his fundamental needs for growth, development, and
improvement.
(11) Every child has the right to an efficient and honest government that will deepen his faith in democracy and
inspire him with the morality of the constituted authorities both in their public and private lives.
(12) Every child has the right to grow up as a free individual, in an atmosphere of peace, understanding, tolerance,
and universal brotherhood, and with the determination to contribute his share in the building of a better world.
Article 4. Responsibilities of the Child. - Every child, regardless of the circumstances of his birth, sex, religion, social
status, political antecedents and other factors shall:
(1) Strive to lead an upright and virtuous life in accordance with the tenets of his religion, the teachings of his
elders and mentors, and the biddings of a clean conscience;
(2) Love, respect and obey his parents, and cooperate with them in the strengthening of the family;
(3) Extend to his brothers and sisters his love, thoughtfulness, and helpfulness, and endeavor with them to keep
the family harmonious and united;
(4) Exert his utmost to develop his potentialities for service, particularly by undergoing a formal education suited
to his abilities, in order that he may become an asset to himself and to society;
(5) Respect not only his elders but also the customs and traditions of our people, the memory of our heroes, the
duly constituted authorities, the laws of our country, and the principles and institutions of democracy;
(6) Participate actively in civic affairs and in the promotion of the general welfare, always bearing in mind that it is
the youth who will eventually be called upon to discharge the responsibility of leadership in shaping the nation's
future; and
(7) Help in the observance of individual human rights, the strengthening of freedom everywhere, the fostering of
cooperation among nations in the pursuit of their common aspirations for programs and prosperity, and the
furtherance of world peace.
Article 5. Commencement of Civil Personality. - The civil personality of the child shall commence from the time of his
conception, for all purposes favorable to him, subject to the requirements of Article 41 of the Civil Code.
Article 6. Abortion. - The abortion of a conceived child, whether such act be intentional or not, shall be governed by the
pertinent provisions of the Revised Penal Code.
Article 7. Non-disclosure of Birth Records. - The records of a person's birth shall be kept strictly confidential and no
information relating thereto shall be issued except on the request of any of the following:
(1) The person himself, or any person authorized by him;
(2) His spouse, his parent or parents, his direct descendants, or the guardian or institution legally in-charge of
him if he is a minor;
(3) The court or proper public official whenever absolutely necessary in administrative, judicial or other official
proceedings to determine the identity of the child's parents or other circumstances surrounding his birth; and
(4) In case of the person's death, the nearest of kin.
Any person violating the prohibition shall suffer the penalty of imprisonment of at least two months or a fine in an amount
not exceeding five hundred pesos, or both, in the discretion of the court.
Article 8. Child's Welfare Paramount. - In all questions regarding the care, custody, education and property of the child,
his welfare shall be the paramount consideration.
Article 9. Levels of Growth. - The child shall be given adequate care, assistance and guidance through his various levels
of growth, from infancy to early and later childhood, to puberty and adolescence, and when necessary even after he shall
have attained age 21.
Article 10. Phases of Development. - The child shall enjoy special protection and shall be given opportunities and
facilities, by law and by other means, to ensure and enable his fullest development physically, mentally, emotionally,
morally, spiritually and socially in a healthy and normal manner and in conditions of freedom and dignity appropriate to
the corresponding developmental stage.
Article 11. Promotion of Health. - The promotion of the Child's health shall begin with adequate pre-natal and post-natal
care both for him and his mother. All appropriate measures shall be taken to insure his normal total development.
It shall be the responsibility of the health, welfare, and educational entities to assist the parents in looking after the health
of the child.
Article 12. Education. - The schools and other entities engaged in non-formal education shall assist the parents in
providing the best education for the child.
Article 13. Social and Emotional Growth. - Steps shall be taken to insure the child's healthy social and emotional growth.
These shall be undertaken by the home in collaboration with the schools and other agencies engaged in the promotion of
child welfare.
Article 14. Morality. - High moral principles should be instilled in the child, particularly in the home, the school, and the
church to which he belongs.
Article 15. Spiritual Values. - The promotion of the child's spiritual well-being according to the precepts of his religion
should, as much as possible, be encouraged by the State.
Article 16. Civic Conscience. - The civic conscience of the child shall not be overlooked. He shall be brought up in an
atmosphere of universal understanding, tolerance, friendship, and helpfulness and in full consciousness of his
responsibilities as a member of society.
TITLE II
CHILD AND YOUTH WELFARE AND THE HOME
CHAPTER I
Parental Authority
SECTION A. In General
Article 17. Joint Parental Authority. - The father and mother shall exercise jointly just and reasonable parental authority
and responsibility over their legitimate or adopted children. In case of disagreement, the father's decision shall prevail
unless there is a judicial order to the contrary.
In case of the absence or death of either parent, the present or surviving parent shall continue to exercise parental
authority over such children, unless in case of the surviving parent's remarriage, the court, for justifiable reasons, appoints
another person as guardian.
In case of separation of his parents, no child under five years of age shall be separated from his mother unless the court
finds compelling reasons to do so.
Article 18. Grandparents. - Grandparents shall be consulted on important family questions but they shall not interfere in
the exercise of parental authority by the parents.
Article 19. Absence or Death of Parents. - Grandparents and in their default, the oldest brother or sister who is at least
eighteen years of age, or the relative who has actual custody of the child, shall exercise parental authority in case of
absence or death of both parents, unless a guardian has been appointed in accordance with the succeeding provision.
Article 20. Guardian. - The court may, upon the death of the parents and in the cases mentioned in Arts. 328 to 332 of
the Civil Code, appoint a guardian for the person and property of the child, on petition of any relative or friend of the family
or the Department of Social Welfare.
Article 21. Dependent, Abandoned or Neglected Child. - The dependent, abandoned or neglected child shall be under
the parental authority of a suitable or accredited person or institution that is caring for him as provided for under the four
preceding articles, after the child has been declared abandoned by either the court or the Department of Social Welfare.
Article 22. Transfer to the Department of Social Welfare. - The dependent, abandoned or neglected child may be
transferred to the care of the Department of Social Welfare or a duly licensed child-caring institution or individual in
accordance with Articles 142 and 154 of this Code, or upon the request of the person or institution exercising parental
authority over him.
From the time of such transfer, the Department of Social Welfare or the duly licensed child-caring institution or individual
shall be considered the guardian of the child for all intents and purposes.
Article 23. Case Study. - It shall be the duty of the Department of Social Welfare to make a case study of every child who
is the subject of guardianship or custody proceedings and to submit its report and recommendations on the matter to the
court for its guidance.
Article 24. Intervention of Department of Social Welfare. - The Department of Social Welfare shall intervene on behalf of
the child if it finds, after its case study, that the petition for guardianship or custody should be denied.
Article 25. Hearings Confidential. - The hearing on guardianship and custody proceedings may, at the discretion of the
court, be closed to the public and the records thereof shall not be released without its approval.
Article 26. Repealing Clause. - All provisions of the Civil Code on parental authority which are not inconsistent with the
provisions of this Chapter shall remain in force: Provided, That Articles 334 up to 348 inclusive on Adoption, are hereby
expressly repealed and replaced by Section B of this Chapter.
SECTION B. Adoption
Article 27. Who May Adopt. - Any person of age and in full possession of his civil rights may adopt: Provided, That he is
in a position to support and care for his legitimate, legitimated, acknowledged natural children, or natural children by legal
fiction, or other illegitimate children, in keeping with the means, both material and otherwise, of the family. In all cases of
adoption the adopter must be at least fifteen years older than the person to be adopted.
Article 28. Who May Not Adopt. - The following persons may not adopt:
1. A married person without the written consent of the spouse;
2. The guardian with respect to the ward prior to final approval of his accounts;
3. Any person who has been convicted of a crime involving moral turpitude;
4. An alien who is disqualified to adopt according to the laws of his own country or one with whose government
the Republic of the Philippines has broken diplomatic relations.
Article 29. Adoption by Husband and Wife. - Husband and Wife may jointly adopt. In such case, parental authority shall
be exercised as if the child were their own by nature.
Article 30. Who May Not Be Adopted. - The following may not be adopted:
1. A married person, without the written consent of the spouse;
2. An alien with whose government the Republic of the Philippines has broken diplomatic relations;
3. A person who has already been adopted unless the adoption has been previously revoked or rescinded in
accordance with this Chapter.
Article 31. Whose Consent is Necessary. - The written consent of the following to the adoption shall be necessary:
1. The person to be adopted, if fourteen years of age or over;
2. The natural parents of the child or his legal guardian of the Department of Social Welfare or any duly licensed
child placement agency under whose care the child may be;
3. The natural children, fourteen years and above, of the adopting parents.
Article 32. Hurried Decisions. - In all proceedings for adoption, steps should be taken by the court to prevent the natural
parents from making hurried decisions caused by strain or anxiety to give up the child, and to ascertain, that all measures
to strengthen the family have been exhausted and that any prolonged stay of the child in his own home will be inimical to
his welfare and interest.
Article 33. Case Study. - No petition for adoption shall be granted unless the Department of Social Welfare, or the Social
Work and Counselling Division, in case of Juvenile and Domestic Relations Courts, has made a case study of the child to
be adopted, his natural parents as well as the prospective adopting parents, and has submitted its report and
recommendations on the matter to the court hearing such petition. The Department of Social Welfare shall intervene on
behalf of the child if it finds, after such case study, that the petition should be denied.
Article 34. Procedure. - The proceedings for adoption shall be governed by the Rules of Court in so far as they are not in
conflict with this Chapter.
Article 35. Trial Custody. - No petition for adoption shall be finally granted unless and until the adopting parents are given
by the court a supervised trial custody period of at least six months to assess their adjustment and emotional readiness
for the legal union. During the period of trial custody parental authority shall be vested in the adopting parents.
The court may, upon its own motion or on motion of the petitioner, reduce or dispense with the trial period if it finds that it
is to the best interest of the child. In such case, the court shall state its reasons for reducing said period.
Article 36. Decree of Adoption. - If, after considering the report of the Department of Social Welfare or duly licensed child
placement agency and the evidence submitted before it, the court is satisfied that the petitioner is qualified to maintain,
care for, and educate the child, that the trial custody period has been completed, and that the best interests of the child
will be promoted by the adoption, a decree of adoption shall be entered, which shall be effective as of the date the original
petition was filed. The decree shall state the name by which the child is thenceforth to be known.
Article 37. Civil Registry Record. - The adoption shall be recorded in the local civil register and shall be annotated on the
record of birth, and the same shall entitle the adopted person to the issuance of an amended certificate of birth.
Article 38. Confidential Nature of Proceedings and Records. - All hearings in adoption cases shall be confidential and
shall not be open to the public. All records, books and papers relating to the adoption cases in the files of the court, of the
Department of Social Welfare, and of any other agency or institution participating in the adoption proceedings, shall be
kept strictly confidential.
Subject to the provisions of Article 7, in any case in which information from such records, books and papers is needed,
the person or agency requesting the release of the information may file a petition to the court which entered the decree of
adoption for its release. If the court finds that the disclosure of the information is necessary for purposes connected with
or arising out of the adoption and will be for the best interests of the child, the court may permit the necessary information
to be released, restricting the purposes for which it may be used.
Article 39. Effects of Adoption. - The adoption shall:
1. Give to the adopted person the same rights and duties as if he were a legitimate child of the adopter: Provided,
That an adopted child cannot acquire Philippine citizenship by virtue of such adoption; lawphi1.net
2. Dissolve the authority vested in the natural parent or parents, except where the adopter is the spouse of the
surviving natural parent;
3. Entitle the adopted person to use the adopter's surname; and
4. Make the adopted person a legal heir of the adopter: Provided, That if the adopter is survived by legitimate
parents or ascendants and by an adopted person, the latter shall not have more successional rights than an
acknowledged natural child: Provided, further, That any property received gratuitously by the adopted from the
adopter shall revert to the adopter should the former predecease the latter without legitimate issue unless the
adopted has, during his lifetime, alienated such property: Provided, finally, That in the last case, should the
adopted leave no property other than that received from the adopter, and he is survived by illegitimate issue or a
spouse, such illegitimate issue collectively or the spouse shall receive one-fourth of such property; if the adopted
is survived by illegitimate issue and a spouse, then the former collectively shall receive one-fourth and the latter
also one-fourth, the rest in any case reverting to the adopter, observing in the case of the illegitimate issue the
proportion provided for in Article 895 of the Civil Code.
The adopter shall not be a legal heir of the adopted person, whose parents by nature shall inherit from him, except that if
the latter are both dead, the adopting parent or parents take the place of the natural parents in the line of succession,
whether testate or interstate.
Article 40. Rescission by Adopted. - The adopted person or the Department of Social Welfare or any duly licensed child
placement agency if the adopted is still a minor or otherwise incapacitated, may ask for the rescission of the adoption on
the same grounds that cause the loss of parental authority under the Civil Code.
Article 41. Revocation by Adopter. - The adopter may petition the court for the revocation of the adoption in any of these
cases:
1. If the adopted person has attempted against the life of the adopter and/or his spouse;
2. When the adopted minor has abandoned the home of the adopter for more than three years and efforts have
been exhausted to locate the minor within the stated period;
3. When by other acts the adopted person has definitely repudiated the adoption.
Article 42. Effects of Rescission or Revocation. - Where the adopted minor has not reached the age of majority at the
time of the revocation or rescission referred to in the next preceding articles, the court in the same proceeding shall
determine whether he should be returned to the parental authority of his natural parents or remitted to the Department of
Social Welfare or any duly licensed child placement agency or whether a guardian over his person and property should
be appointed.
Where the adopted child has reached the age of majority, the revocation or rescission, if and when granted by the court,
shall release him from all obligations to his adopting parents and shall extinguish all his rights against them: Provided,
That if the said adopted person is physically or mentally handicapped as to need a guardian over his person or property,
or both, the court may appoint a guardian in accordance with the provisions of existing law.
In all cases of revocation or rescission, the adopted shall lose the right to continue using the adopter's surname and the
court shall order the amendment of the records in the Civil Register in accordance with its decision.
CHAPTER II
Rights of Parents
Article 43. Primary Right of Parents. - The parents shall have the right to the company of their children and, in relation to
all other persons or institutions dealing with the child's development, the primary right and obligation to provide for their
upbringing.
Article 44. Rights Under the Civil Code. - Parents shall continue to exercise the rights mentioned in Articles 316 to 326
of the Civil Code over the person and property of the child.
Article 45. Right to Discipline Child. - Parents have the right to discipline the child as may be necessary for the formation
of his good character, and may therefore require from him obedience to just and reasonable rules, suggestions and
admonitions.
CHAPTER III
Duties of Parents
Article 46. General Duties. - Parents shall have the following general duties toward their children:
1. To give him affection, companionship and understanding;
2. To extend to him the benefits of moral guidance, self-discipline and religious instruction; lawphi1.net
3. To supervise his activities, including his recreation; lawphi1.net
4. To inculcate in him the value of industry, thrift and self-reliance;
5. To stimulate his interest in civic affairs, teach him the duties of citizenship, and develop his commitment to his
country;
6. To advise him properly on any matter affecting his development and well-being;
7. To always set a good example;
8. To provide him with adequate support, as defined in Article 290 of the Civil Code; and
9. To administer his property, if any, according to his best interests, subject to the provisions of Article 320 of the
Civil Code.
Article 47. Family Affairs. - Whenever proper, parents shall allow the child to participate in the discussion of family affairs,
especially in matters that particularly concern him. In cases involving his discipline, the child shall be given a chance to
present his side.
Article 48. Winning Child's Confidence. - Parents shall endeavor to win the child's confidence and to encourage him to
conduct with them on his activities and problems.
Article 49. Child Living Away from Home. - If by reason of his studies or for other causes, a child does not live with his
parents, the latter shall communicate with him regularly and visit him as often as possible. The parents shall see to it that
the child lives in a safe and wholesome place and under responsible adult care and supervision.
Article 50. Special Talents. - Parents shall endeavor to discover the child's talents or aptitudes, if any, and to encourage
and develop them. If the child is especially gifted, his parents shall report this fact to the National Center for Gifted Children
or to other agencies concerned so that official assistance or recognition may be extended to him.
Article 51. Reading Habit. - The reading habit should be cultivated in the home. Parents shall, whenever possible, provide
the child with good and wholesome reading material, taking into consideration his age and emotional development. They
shall guard against the introduction in the home of pornographic and other unwholesome publications.
Article 52. Association with Other Children. - Parents shall encourage the child to associate with other children of his own
age with whom he can develop common interests of useful and salutary nature. It shall be their duty to know the child's
friends and their activities and to prevent him from falling into bad company. The child should not be allowed to stay out
late at night to the detriment of his health, studies or morals.
Article 53. Community Activities. - Parents shall give the child every opportunity to form or join social, cultural,
educational, recreational, civic or religious organizations or movements and other useful community activities.
Article 54. Social Gatherings. - When a party or gathering is held, the parents or a responsible person should be present
to supervise the same.
Article 55. Vices. - Parents shall take special care to prevent the child from becoming addicted to intoxicating drinks,
narcotic drugs, smoking, gambling, and other vices or harmful practices.
Article 56. Choice of career. - The child shall have the right to choose his own career. Parents may advise him on this
matter but should not impose on him their own choice.
Article 57. Marriage. - Subject to the provisions of the Civil Code, the child shall have the prerogative of choosing his
future spouse. Parents should not force or unduly influence him to marry a person he has not freely chosen.
CHAPTER IV
Liabilities of Parents
Article 58. Torts. - Parents and guardians are responsible for the damage caused by the child under their parental
authority in accordance with the Civil Code.
Article 59. Crimes. - Criminal liability shall attach to any parent who:
1. Conceals or abandons the child with intent to make such child lose his civil status.
2. Abandons the child under such circumstances as to deprive him of the love, care and protection he needs.
3. Sells or abandons the child to another person for valuable consideration.
4. Neglects the child by not giving him the education which the family's station in life and financial conditions
permit.
5. Fails or refuses, without justifiable grounds, to enroll the child as required by Article 72.
6. Causes, abates, or permits the truancy of the child from the school where he is enrolled. "Truancy" as here
used means absence without cause for more than twenty schooldays, not necessarily consecutive.
7. It shall be the duty of the teacher in charge to report to the parents the absences of the child the moment these
exceed five schooldays.
8. Improperly exploits the child by using him, directly or indirectly, such as for purposes of begging and other acts
which are inimical to his interest and welfare.
9. Inflicts cruel and unusual punishment upon the child or deliberately subjects him to indignation and other
excessive chastisement that embarrass or humiliate him.
10. Causes or encourages the child to lead an immoral or dissolute life.
11. Permits the child to possess, handle or carry a deadly weapon, regardless of its ownership.
12. Allows or requires the child to drive without a license or with a license which the parent knows to have been
illegally procured. If the motor vehicle driven by the child belongs to the parent, it shall be presumed that he
permitted or ordered the child to drive.
"Parents" as here used shall include the guardian and the head of the institution or foster home which has custody of the
child.
Article 60. Penalty. - The act mentioned in the preceding article shall be punishable with imprisonment from two or six
months or a fine not exceeding five hundred pesos, or both, at the discretion of the Court, unless a higher penalty is
provided for in the Revised Penal Code or special laws, without prejudice to actions for the involuntary commitment of the
child under Title VIII of this Code.
CHAPTER V
Assistance to Parents
Article 61. Admonition to Parents. - Whenever a parent or guardian is found to have been unreasonably neglectful in the
performance of his duties toward the child, he shall be admonished by the Department of Social Welfare or by the local
Council for the Protection of Children referred to in Article 87.
Whenever a child is found delinquent by any court, the father, mother or guardian may be judicially admonished.
Article 62. Medical and Dental Services. - If the child has special health problems, his parents shall be entitled to such
assistance from the government as may be necessary for his care and treatment in addition to other benefits provided for
under existing law.
Article 63. Financial Aid and Social Services to Needy Families. - Special financial or material aid and social services
shall be given to any needy family, to help maintain the child or children in the home and prevent their placement
elsewhere.
The amount of such aid shall be determined by the Department of Social Welfare, taking into consideration, among other
things, the self-employment of any of the family members and shall be paid from any funds available for the purpose.
Article 64. Assistance to Widowed or Abandoned Parent and Her Minor Dependents. - The State shall give assistance to
widowed or abandoned parent or where either spouse is on prolonged absence due to illness, imprisonment, etc. and
who is unable to support his/her children. Financial and other essential social services shall be given by the National
Government or other duly licensed agencies with similar functions to help such parent acquire the necessary knowledge
or skill needed for the proper care and maintenance of the family.
Article 65. Criterion for Aid. - The criteria to determine eligibility for the aid mentioned in the next two preceding articles
shall be (1) the age of the child or children (2) the financial condition of the family, (3) the degree of deprivation of parental
care and support, and (4) the inability to exercise parental authority.
Article 66. Assistance to Unmarried Mothers and Their Children. - Any unmarried mother may, before and after the birth
of the child, seek the assistance and advice of the Department of Social Welfare or any duly licensed child placement
agency. The said agencies shall offer specialized professional services which include confidential help and protection to
such mother and her child, including placement of protection to such mother and child, including placement of such
mother's rights, if any, against the father of such child.
CHAPTER VI
Foster-Care
Article 67. Foster Homes. - Foster Homes shall be chosen and supervised by the Department of Social Welfare or any
duly licensed child placement agency when and as the need therefore arises. They shall be run by married couples, to be
licensed only after thorough investigation of their character, background, motivation and competence to act as foster
parents.
Article 68. Institutional Care. - Assignment of the child to a foster home shall be preferred to institutional care. Unless
absolutely necessary, no child below nine years of age shall be placed in an institution. An older child may be taken into
an institution for child care if a thorough social case study indicates that he will derive more benefit therefrom.
Article 69. Day-care service and other substitute parental arrangement. - Day-care and other substitute parental
arrangement shall be provided a child whose parents and relatives are not able to care for him during the day. Such
arrangements shall be the subject of accreditation and licensing by the Department of Social Welfare.
Article 70. Treatment of Child Under Foster Care. - A child under foster care shall be given, as much as possible, the
affection and understanding that his own parents, if alive or present, would or should have extended to him. Foster care
shall take into consideration the temporary nature of the placement and shall not alienate the child from his parents.
TITLE III.
CHILD AND YOUTH WELFARE AND EDUCATION
CHAPTER I
Access to Educational Opportunities
Article 71. Admission to Schools. - The state shall see to it that no child is refused admission in public schools. All parents
are required to enroll their children in schools to complete, at least, an elementary education.
Article 72. Assistance. - To implement effectively the compulsory education policy, all necessary assistance possible
shall be given to parents, specially indigent ones or those who need the services of children at home, to enable the children
to acquire at least an elementary education. Such assistance may be in the form of special school programs which may
not require continuous attendance in school, or aid in the form of necessary school supplies, school lunch, or whatever
constitutes a bar to a child's attendance in school or access to elementary education.
Article 73. Nursery School. - To further help promote the welfare of children of working mothers and indigent parents,
and in keeping with the Constitutional provision on the maintenance of an adequate system of public education, public
nursery and kindergarten schools shall be maintained, whenever possible. The operation and maintenance of such
schools shall be the responsibility of local governments. Aid from local school board funds, when available, may be
provided.
Article 74. Special Classes. - Where needs warrant, there shall be at least special classes in every province, and, if
possible, special schools for the physically handicapped, the mentally retarded, the emotionally disturbed, and the
specially gifted. The private sector shall be given all the necessary inducement and encouragement to establish such
classes or schools.
Article 75. School Plants and Facilities. - Local school officials and local government officials shall see to it that school
children and students are provided with adequate schoolrooms and facilities including playground, space, and facilities
for sports and physical development activities. Such officials should see to it that the school environment is free from
hazards to the health and safety of the students and that there are adequate safety measures for any emergencies such
as accessible exits, firefighting equipment, and the like. All children shall have the free access to adequate dental and
medical services.
CHAPTER II
The Home and the School
Article 76. Role of the Home. - The home shall fully support the school in the implementation of the total school program
- curricular and co-curricular - toward the proper physical, social, intellectual and moral development of the child.
Article 77. Parent-Teacher Associations. - Every elementary and secondary school shall organize a parent-teacher
association for the purpose of providing a forum for the discussion of problems and their solutions, relating to the total
school program, and for insuring the full cooperation of parents in the efficient implementation of such program. All parents
who have children enrolled in a school are encouraged to be active members of its PTA, and to comply with whatever
obligations and responsibilities such membership entails.
Parent-Teacher Association all over the country shall aid the municipal and other local authorities and school officials in
the enforcement of juvenile delinquency control measures, and in the implementation of programs and activities to
promote child welfare.
CHAPTER III
Miscellaneous
Article 78. Contributions. - No school shall receive or collect from students, directly or indirectly, contributions of any kind
or form, or for any purpose except those expressly provided by law, and on occasions of national or local disasters in
which case the school any accept voluntary contribution or aid from students for distribution to victims of such disasters
or calamities.
TITLE IV.
CHILD AND YOUTH WELFARE AND THE CHURCH
Article 79. Rights of the Church. - The State shall respect the rights of the Church in matters affecting the religious
and moral upbringing of the child.
Article 80. Establishment of Schools. - All churches and religious orders, congregations or groups may,
conformably to law, establish schools for the purpose of educating children in accordance with the tenets of their
religion.
Article 81. Religious Instruction. - The religious education of children in all public and private schools is a
legitimate concern of the Church to which the students belong. All churches may offer religious instruction in
public and private elementary and secondary schools, subject to the requirements of the Constitution and
existing laws.
Article 82. Assistance to Churches. - Insofar as may be allowed by the Constitution, the government shall extend
to all churches, without discrimination or preference, every opportunity to exercise their influence and
disseminate their teachings.
Article 83. Parents. - Parents shall admonish their children to heed the teachings of their Church and to perform
their religious duties. Whenever possible, parents shall accompany their children to the regular devotion of their
Church and other religious ceremonies.
TITLE V.
CHILD AND YOUTH WELFARE AND THE COMMUNITY
CHAPTER I
Duties in General of the State
Article 84. Community Defined. - As used in this Title, a community shall mean, the local government, together
with the society of individuals or institutions, both public and private, in which a child lives.
Article 85. Duties of the Community. - To insure the full enjoyment of the right of every child to live in a society
that offers or guarantee him safety, health, good moral environment and facilities for his wholesome growth and
development, it shall be the duty of the community to:
1. Bring about a healthy environment necessary to the normal growth of children and the enhancement
of their physical, mental and spiritual well-being;
2. Help institutions of learning, whether public or private, achieve the fundamental objectives of
education; lawphi1.net
3. Organize or encourage movements and activities, for the furtherance of the interests of children and
youth;
4. Promote the establishment and maintenance of adequately equipped playgrounds, parks, and other
recreational facilities;
5. Support parent education programs by encouraging its members to attend and actively participate
therein;
6. Assist the State in combating and curtailing juvenile delinquency and in rehabilitating wayward
children;
7. Aid in carrying out special projects for the betterment of children in the remote areas or belonging to
cultural minorities or those who are out of school; and
8. Cooperate with private and public child welfare agencies in providing care, training and protection to
destitute, abandoned, neglected, abused, handicapped and disturbed children.
CHAPTER II
Community Bodies Dealing with Child Welfare
SECTION A. Barangay Councils
Article 86. Ordinances and Resolutions. - Barangay Councils shall have the authority to enact ordinances and
resolutions not inconsistent with law or municipal ordinances, as may be necessary to provide for the proper
development and welfare of the children in the community, in consultation with representatives of national
agencies concerned with child and youth welfare.
Article 87. Council for the Protection of Children. - Every barangay council shall encourage the organization of a
local Council for the Protection of Children and shall coordinate with the Council for the Welfare of Children and
Youth in drawing and implementing plans for the promotion of child and youth welfare. Membership shall be
taken from responsible members of the community including a representative of the youth, as well as
representatives of government and private agencies concerned with the welfare of children and youth whose
area of assignment includes the particular barangay and shall be on a purely voluntary basis.
Said Council shall:
1. Foster the education of every child in the barangay;
2. Encourage the proper performance of the duties of parents, and provide learning opportunities on the
adequate rearing of children and on positive parent-child relationship;
3. Protect and assist abandoned or maltreated children and dependents;
4. Take steps to prevent juvenile delinquency and assist parents of children with behavioral problems so
that they can get expert advise;
5. Adopt measures for the health of children;
6. Promote the opening and maintenance of playgrounds and day-care centers and other services that
are necessary for child and youth welfare;
7. Coordinate the activities of organizations devoted to the welfare of children and secure their
cooperation; lawphi1.net
8. Promote wholesome entertainment in the community, especially in movie houses; and
9. Assist parents, whenever necessary in securing expert guidance counseling from the proper
governmental or private welfare agency.
In addition, it shall hold classes and seminars on the proper rearing of the children. It shall distribute to parents
available literature and other information on child guidance. The Council shall assist parents, with behavioral
problems whenever necessary, in securing expert guidance counseling from the proper governmental or private
welfare agency.
Article 88. Barangay Scholarships. - Barangay funds may be appropriated to provide annual scholarship for
indigent children who, in judgment of the Council for the Protection of Children, deserve public assistance in the
development of their potentialities.
Article 89. Youth Associations in Barangays. - Barangay councils shall encourage membership in civil youth
associations and help these organizations attain their objectives.
Article 90. Aid to Youth Associations. - In proper cases, barangay funds may be used for the payment of the cost
of the uniforms and equipment required by these organizations.
SECTION B. Civic Associations of Adults
Article 91. Civic Associations of Adults. - As used in this Title, a civic association shall refer to any club,
organization or association of individuals twenty-one years of age or over, which is directly or indirectly involved
in carrying out child welfare programs and activities.
Article 92. Accounting of Proceeds or Funds. - It shall be the duty of any civic association of adults holding
benefits or soliciting contributions pursuant to the provisions of the next preceding article, to render an
accounting of the proceeds thereof to the Department of Social Welfare or to the city or municipal treasurer, as
the case may be.
Article 93. Functions. - Civic associations and youth associations shall make arrangements with the appropriate
governmental or civic organization for the instruction of youth in useful trades or crafts to enable them to earn a
living.
Article 94. Youth Demonstrations. - Any demonstrations sponsored by any civic associations and youth
associations shall be conducted in a peaceful and lawful manner.
Article 95. Unwholesome Entertainment and advertisements. - It shall be the duty of all civic associations and
youth associations to bring to the attention of the proper authorities the exhibition of indecent shows and the
publication, sale or circulation of pornographic materials.
The Board of Censors or the Radio Control Board may, upon representation of any civic association, prohibit any
movie, television or radio program offensive to the proprieties of language and behavior.
Commercial advertisements and trailers which are improper for children under eighteen years of age due to their
advocating or unduly suggesting violence, vices, crimes and immorality, shall not be shown in any movie theater
where the main feature is for general patronage nor shall they be used or shown during or immediately before
and after any television or radio program for children.
Article 96. Complaint Against Child Welfare Agency. - Any civic association and any youth association may
complain to the officials of any public or private child-caring agency about any act or omission therein prejudicial
to the wards of such agency.
If the complaint is not acted upon, it may be brought to the Council for the Protection of Children or the
Department of Social Welfare, which shall promptly investigate the matter and take such steps as may be
necessary.
Article 97. Studies and Researches. - The government shall make available such data and technical assistance
as may be needed by civic associations conducting studies and researches on matters relating to child welfare,
including the prevention of juvenile delinquency.
Article 98. Exchange Programs. - Student exchange programs sponsored by civic associations or youth
associations shall receive the support and encouragement of the State.
SECTION C. Youth Associations
Article 99. Youth Associations. - As used in this Title, a youth association shall refer to any club, organization or
association of individuals below twenty-one years of age which is directly or indirectly involved in carrying out
child or youth welfare programs and activities.
Article 100. Rights and Responsibilities. - All youth associations shall enjoy the same rights and discharge the
same responsibilities as civic associations as may be permitted under existing laws.
Article 101. Student Organizations. - All student organization in public or private schools shall include in their
objectives the cultivation of harmonious relations among their members and with the various segments of the
community.
CHAPTER III
Collaboration Between the Home and the Community
Article 102. Proper Atmosphere for Children. - The home shall aid the community in maintaining an atmosphere
conducive to the proper upbringing of children, particularly with respect to their preparation for adult life and the
conscientious discharge of their civic duties as a whole.
Article 103. Unwholesome Influence. - The home and the community shall cooperate with each other in
counteracting and eliminating such influences as may be exerted upon children by useless and harmful
amusements and activities, obscene exhibitions and programs, and establishments inimical to health and morals.
TITLE VI.
CHILD AND YOUTH WELFARE AND THE SAMAHAN
CHAPTER I
Duties in General of the Samahan
Article 104. "Samahan" Defined. - As used in this Code, the term "samahan" shall refer to the aggregate of
persons working in commercial, industrial, and agricultural establishments or enterprises, whether belonging to
labor or management.
Article 105. Organization. - The barangay, municipal and city councils, whenever necessary, shall provide by
ordinance for the formation and organization of a samahan in their respective communities. Membership in the
samahan shall be on voluntary basis from among responsible persons from the various sectors of the community
mentioned in the preceding article.
Article 106. Duties of the Samahan. - The Samahan shall:
1. Prevent the employment of children in any kind of occupation or calling which is harmful to their normal
growth and development;
2. Forestall their exploitation by insuring that their rates of pay, hours of work and other conditions of
employment are in accordance not only with law but also with equity;
3. Give adequate protection from all hazards to their safety, health, and morals, and secure to them their
basic right to an education; lawphi1.net
4. Help out-of-school youth to learn and earn at the same time by helping them look for opportunities to
engage in economic self-sufficient projects;
5. To coordinate with vocational and handicraft classes in all schools and agencies in the barangay,
municipality or city to arrange for possible marketing of the products or articles made by the students;
and
6. Provide work experience, training and employment in those areas where the restoration and
conservation of our natural resources is deemed necessary.
CHAPTER II
Working Children
Article 107. Employment of Children Below Sixteen Years. - Children below sixteen years of age may be employed
to perform light work which is not harmful to their safety, health or normal development and which is not
prejudicial to their studies.
The provisions of the Labor Code relating to employable age and conditions of employment of children are hereby
adopted as part of this Code insofar as not inconsistent herewith.
Article 108. Duty of Employer to Submit Report. - The employer shall submit to the Department of Labor a report
of all children employed by him. A separate report shall be made of all such children who are found to be
handicapped after medical examination. The Secretary of Labor shall refer such handicapped children to the
proper government or private agencies for vocational guidance, physical and vocational rehabilitation, and
placement in employment.
Article 109. Register of Children. - Every employer in any commercial, industrial or agricultural establishment or
enterprise shall keep:
1. A register of all children employed by him, indicating the dates of their birth;
2. A separate file for the written consent to their employment given by their parents or guardians;
3. A separate file for their educational and medical certificates; and
4. A separate file for special work permits issued by the Secretary of Labor in accordance with existing
laws.
Article 110. Education of Children Employed as Domestics. - If a domestic is under sixteen years of age, the head
of the family shall give him an opportunity to complete at least elementary education as required under Article
71. The cost of such education shall be a part of the domestic's compensation unless there is a stipulation to the
contrary.
CHAPTER III
Labor-Management Projects
Article 111. Right to Self-Organization. - Working children shall have the same freedoms as adults to join the
collective bargaining union of their own choosing in accordance with existing law.
Neither management nor any collective bargaining union shall threaten or coerce working children to join,
continue or withdraw as members of such union.
Article 112. Conditions of Employment. - There shall be close collaboration between labor and management in
the observance of the conditions of employment required by law for working children.
Article 113. Educational Assistance Programs. - The management may allow time off without loss or reduction of
wages for working children with special talents to enable them to pursue formal studies in technical schools on
scholarships financed by management or by the collective bargaining union or unions.
Article 114. Welfare Programs. - Labor and management shall, in cooperation with the Women and Minors Bureau
of the Department of Labor, undertake projects and in-service training programs for working children which shall
improve their conditions of employment, improve their capabilities and physical fitness, increase their efficiency,
secure opportunities for their promotion, prepare them for more responsible positions, and provide for their
social, educational and cultural advancement.
Article 115. Research Projects. - Labor and management shall cooperate with any government or private research
project on matters affecting the welfare of working children.
CHAPTER IV
Collaboration Between the Home and the Samahan
Article 116. Collaboration Between the Home and the Samahan. - The home shall assist the Samahan in the
promotion of the welfare of working children and for this purpose shall:
1. Instill in the hearts and minds of working children the value of dignity of labor;
2. Stress the importance of the virtues of honesty; diligence and perseverance in the discharge of their
duties;
3. Counsel them on the provident use of the fruits of their labor for the enrichment of their lives and the
improvement of their economic security; and
4. Protect their general well-being against exploitation by management or unions as well as against
conditions of their work prejudicial to their health, education, or morals.
TITLE VII.
CHILD AND YOUTH WELFARE AND THE STATE
CHAPTER I
Regulation of Child and Youth Welfare Services
Article 117. Classifications of Child and Youth Welfare Agencies. - Public and private child welfare agencies
providing encouragement, care, and protection to any category of children and youth whether mentally gifted,
dependent, abandoned, neglected, abused, handicapped, disturbed, or youthful offenders, classified and defined
as follows, shall be coordinated by the Department of Social Welfare:
1. A child-caring institution is one that provides twenty-four resident group care service for the physical,
mental, social and spiritual well-being of nine or more mentally gifted, dependent, abandoned, neglected,
handicapped or disturbed children, or youthful offenders.
2. An institution, whose primary purpose is education, is deemed to be a child-caring institution when

nine or more of its pupils or wards in the ordinary course of events do not return annually to the homes
of their parents or guardians for at least two months of summer vacation.
3. A detention home is a twenty-four hour child-caring institution providing short term resident care for
youthful offenders who are awaiting court disposition of their cases or transfer to other agencies or
jurisdiction.
4. A shelter-care institution is one that provides temporary protection and care to children requiring
emergency reception as a result of fortuitous events, abandonment by parents, dangerous conditions of
neglect or cruelty in the home, being without adult care because of crisis in the family, or a court order
holding them as material witnesses.
5. Receiving homes are family-type homes which provides temporary shelter from ten to twenty days for
children who shall during this period be under observation and study for eventual placement by the
Department of Social Welfare. The number of children in a receiving home shall not at any time exceed
nine: Provided, That no more than two of them shall be under three years of age.
6. A nursery is a child-caring institution that provides care for six or more children below six years of age
for all or part of a twenty-four hour day, except those duly licensed to offer primarily medical and
educational services.
7. A maternity home is an institution or place of residence whose primary function is to give shelter and
care to pregnant women and their infants before, during and after delivery.
8. A rehabilitation center is an institution that receives and rehabilitates youthful offenders or other
disturbed children.
9. A reception and study center is an institution that receives for study, diagnosis, and temporary
treatment, children who have behavioral problems for the purpose of determining the appropriate care
for them or recommending their permanent treatment or rehabilitation in other child welfare agencies.
10. A child-placing agency is an institution or person assuming the care, custody, protection and
maintenance of children for placement in any child-caring institution or home or under the care and
custody of any person or persons for purposes of adoption, guardianship or foster care. The relatives of
such child or children within the sixth degree of consanguinity or affinity are excluded from this definition.
Article 118. License Required. - No private person, natural or juridical, shall establish, temporarily or
permanently, any child welfare agency without first securing a license from the Department of Social Welfare.
Such license shall not be transferable and shall be used only by the person or institution to which it was issued
at the place stated therein.
No license shall be granted unless the purpose of function of the agency is clearly defined and stated in writing.
Such definition shall include the geographical area to be served, the children to be accepted for care, and the
services to be provided.
If the applicant is a juridical person, it must be registered in accordance with Philippine laws.
Article 119. Guiding Principles. - The protection and best interests of the child or children therein shall be the
first and basic consideration in the granting, suspension or revocation of the license mentioned in the preceding
article.
Article 120. Revocation or Suspension of License. - The Department of Social Welfare may, after notice and
hearing , suspend or revoke the license of a child welfare agency on any of the following grounds:
1. That the agency is being used for immoral purposes;
2. That said agency is insolvent or is not in a financial position to support and maintain the children
therein or to perform the functions for which it was granted license;
3. That the children therein are being neglected or are undernourished;
4. That the place is so unsanitary so as to make it unfit for children;
5. That said agency is located in a place or community where children should not be, or is physically
dangerous to children or would unduly expose children to crime, vice, immorality, corruption or severe
cruelty; or
6. That said agency has by any act or omission shown its incompetence or unworthiness to continue
acting as a child welfare agency. During the period of suspension, the agency concerned shall not accept
or admit any additional children. In any case, the Department of Social Welfare shall make such order as
to the custody of the children under the care of such agency as the circumstances may warrant. The
suspension may last for as long as the agency has not complied with any order of the Department of
Social Welfare to remove or remedy the conditions which have risen to the suspension. The aggrieved
agency may appeal the suspension and/or revocation in a proper court action. In such case, the court
shall within fifteen days from the filing of the Department of Social Welfare's answer, conduct a hearing
and decide the case, either by lifting the suspension, or continuing it for such period of time as it may
order, or by revoking the license of the agency where the Department of Social Welfare has proven the
revocation to be justified.
Article 121. Responsible Government Body. - The governing body of a child welfare agency or institution shall
be composed of civic leaders or persons of good standing in the community. The administrator must be a
competent person qualified by education or experience or both to serve as such.
Article 122. Child-Caring Institution Serving as Child-Placement Agency. - An association or corporation may be
both a child-caring institution and a child-placement agency and it may be licensed to carry out both types of
service.
When a license also serves as a child-placement agency, it shall maintain a staff equipped by training to make
thorough studies of every prospective family home. Staff arrangements must also be made for continuing
supervision of the children staying in family homes so long as the children remain in the legal custody of the
agency.
Article 123. Responsible Staff of Employees. - The licensee shall choose its employees who shall be persons of
good health and character, and whenever possible, the higher rank of employees shall in addition have training,
preferably in child psychology.
Article 124. Intake Study and Periodic Investigations. - The licensee shall undertake investigations to determine
if the acceptance or continued stay of a child in its institution is necessary. Each licensee shall make provisions
for continuing services, including social casework for every child under its care.
Article 125. Records. - The licensee shall keep confidential records of every child in its study. These records shall
be made available only to such persons as may be authorized by the Department of Social Welfare or by the
proper court.
Article 126. Home Atmosphere. - Child welfare agencies shall endeavor to provide the children with a pleasant
atmosphere that shall approximate as nearly as possible the conditions of an ideal home. Vocational
rehabilitation shall also be provided in accordance with existing law and the particular needs of the children.
Article 127. Adequate Diet. - The licensee shall provide a varied and balanced diet to satisfy the child's total
nutritional requirements.
Article 128. Clothing. - The licensee shall furnish clean, comfortable, and appropriate clothing for every child
under its care.
Article 129. Physical Surroundings and Outings. - The licensee shall maintain a building adequate both in
ventilation and sanitation, and with a safe, clean and spacious playground.
Regular inexpensive periodic outing shall be an important part of its activities in order to make the children aware
of their vital role in their community and country.
Article 130. Medical and Nursing Care. - The licensee shall provide adequate medical and nursing care for sick
children who may be confined due to illness.
Article 131. Religious Training. - The licensee shall provide opportunities for religious training to children under
its custody, taking into consideration the religious affiliation or express wishes of the child or his parents. For
such purpose, it shall have a defined policy regarding its religious activities for the information of those wishing
to place children in its care.
Article 132. Annual Report. - Every child welfare agency or institution shall submit to the Department of Social
Welfare an annual report setting forth a brief summary of its operations during the preceding year, including the
funds received during said period, the sources thereof, the purposes for which they were spent and the cash
position of the agency or institution as of the date of the report, number of children admitted, and such other
information as may be required by the Department of Social Welfare.
CHAPTER II
Collaboration Between the Home and the State
Article 133. Healthy Growth of Children. - Pursuant to its obligation to assist the parents in the proper upbringing of the
child, the State shall, whenever possible, in collaboration and cooperation with local government establish:
1. Puericulture and similar centers;
2. Juvenile courts;
3. Child welfare agencies;
4. Orphanages and other similar institutions; and
5. Children's recreation centers.
Article 134. Puericulture or Health Centers. - Puericulture or health centers shall be established in every barangay to
perform, among other things, the following functions:
1. Disseminate information concerning the health of children and expectant or nursing mothers;
2. Provide consultation service and treatment, whenever necessary, for the children and the expectant or nursing
mothers;
3. Provide guidance and special treatment to children with physical handicaps; and
4. Advise child welfare institutions on matters relating to nutrition and hygiene.
Article 135. Juvenile and Domestic Relations Courts. - Juvenile and Domestic Relations Courts shall, as far as
practicable, be established in every province or city to hear and decide cases involving juvenile and domestic problems.
Article 136. Regional Child Welfare Agencies. - The State shall, whenever practicable, establish regional child welfare
agencies, orphanages and other similar institutions to provide care for the children mentioned in Title VIII of this Code.
Article 137. Children's Reading and Recreation Centers. - The State shall establish in every barangay reading centers
and recreation centers where children may meet and play together for their healthy growth and their social and cultural
development.
Article 138. Parent Education Program. - The Department of Social Welfare shall from time to time hold a Parent
Education Congress, which shall aim to enable parents to understand child growth and development, parent-child
relationship, family life, and family-community relationship, and to improve their ability to discharge their duties.
Article 139. Curfew Hours for Children. - City or municipal councils may prescribe such curfew hours for children as may
be warranted by local conditions. The duty to enforce curfew ordinances shall devolve upon the parents or guardians and
the local authorities.
Any parent or guardian found grossly negligent in the performance of the duty imposed by this article shall be admonished
by the Department of Social Welfare or the Council for the Protection of Children.
Article 140. State Aid in Case of Public Calamity. - In case of earthquake, flood, storm, conflagration, epidemic, or other
calamity, the State shall give special assistance to children whenever necessary. The Department of Social Welfare shall
take immediate custody of dependent children and give temporary shelter to orphaned or displaced children (who are
separated from their parents or guardian).
TITLE VIII.
SPECIAL CATEGORIES OF CHILDREN
CHAPTER I
Dependent, Abandoned and Neglected Children
Article 141. Definition of Terms. - As used in this Chapter:
1. A dependent child is one who is without a parent, guardian or custodian; or one whose parents, guardian or
other custodian for good cause desires to be relieved of his care and custody; and is dependent upon the public
for support.
2. An abandoned child is one who has no proper parental care or guardianship, or whose parents or guardians
have deserted him for a period of at least six continuous months.
3. A neglected child is one whose basic needs have been deliberately unattended or inadequately attended.
Neglect may occur in two ways:
(a) There is a physical neglect when the child is malnourished, ill clad and without proper shelter.
(b) A child is unattended when left by himself without provisions for his needs and/or without proper
supervision.
(c) Emotional neglect exists: when children are maltreated, raped or seduced; when children are
exploited, overworked or made to work under conditions not conducive to good health; or are made to
beg in the streets or public places, or when children are in moral danger, or exposed to gambling,
prostitution and other vices.
4. Commitment or surrender of a child is the legal act of entrusting a child to the care of the Department of Social
Welfare or any duly licensed child placement agency or individual.
Commitment may be done in the following manner:
(a) Involuntary commitment, in case of a dependent child, or through the termination of parental or
guardianship rights by reason of abandonment, substantial and continuous or repeated neglect and/or
parental incompetence to discharge parental responsibilities, and in the manner, form and procedure
hereinafter prescribed.
(b) Voluntary commitment, through the relinquishment of parental or guardianship rights in the manner
and form hereinafter prescribed.
Article 142. Petition for Involuntary Commitment of a Child: Venue. - The Department of Social Welfare Secretary or his
authorized representative or any duly licensed child placement agency having knowledge of a child who appears to be
dependent, abandoned or neglected, may file a verified petition for involuntary commitment of said child to the care of any
duly licensed child placement agency or individual.
The petition shall be filed with the Juvenile and Domestic Relations Court, if any, or with the Court of First Instance of the
province or City Court in which the parents or guardian resides or the child is found.
Article 143. Contents of Petition: Verification. - The petition for commitment must state so far as known to the petitioner:
1. The facts showing that the child is dependent, abandoned, or neglected;
2. The names of the parent or parents, if known, and their residence. If the child has no parent or parents living,
then the name and residence of the guardian, if any; and
3. The name of the duly licensed child placement agency or individual to whose care the commitment of the child
is sought.
The petition shall be verified and shall be sufficient if based upon the information and belief of the petitioner.
Article 144. Court to Set Time for Hearing: Summons. - When a petition or commitment is filed, the court shall fix a date
for the hearing thereof. If it appears from the petition that one or both parents of the child, or the guardian, resides in
province or city, the clerk of court shall immediately issue summons, together with a copy of the petition, which shall be
served on such parent or guardian not less than two days before the time fixed for the hearing. Such summons shall
require them to appear before the court on the date mentioned.
Article 145. When Summons Shall Not be Issued. - The summons provided for in the next preceding article shall not be
issued and the court shall thereupon proceed with the hearing of the case if it appears from the petition that both parents
of the child are dead or that neither parent can be found in the province or city and that the child has no guardian residing
therein.
Article 146. Representation of Child. - If it appears that neither of the parents nor the guardian of the child can be found
in the province or city, it shall be the duty of the court to appoint some suitable person to represent him.
Article 147. Duty of Fiscal. - The provincial or city fiscal shall appear for the State, seeing to it that there has been due
notice to all parties concerned and that there is justification for the declaration of dependency, abandonment or neglect.
The legal services section of the Department of Social Welfare, any recognized legal association, or any appointed de
officio counsel shall prepare the petition for the Secretary of the Department of Social Welfare, his representative or the
head of the duly licensed child placement agency, or the duly licensed individual and represent him in court in all
proceedings arising under the provisions of this Chapter.
Article 148. Hearing. - During the hearing of the petition, the child shall be brought before the court, which shall investigate
the facts and ascertain whether he is dependent, abandoned, or neglected, and, if so, the cause and circumstances of
such condition. In such hearing, the court shall not be bound by the technical rules of evidence.
Failure to provide for the child's support for a period of six months shall be presumptive evidence of the intent to abandon.
Article 149. Commitment of Child. - If, after the hearing, the child is found to be dependent, abandoned, or neglected, an
order shall be entered committing him to the care and custody of the Department of Social Welfare or any duly licensed
child placement agency or individual.
Article 150. When Child May Stay In His Own Home. - If in the court's opinion the cases of the abandonment or neglect
of any child may be remedied, it may permit the child to stay in his own home and under the care and control of his own
parents or guardian, subject to the supervision and direction of the Department of Social Welfare.
When it appears to the court that it is no longer for the best interests of such child to remain with his parents or guardian,
it may commit the child in accordance with the next preceding article.
Article 151. Termination of Rights of Parents. - When a child shall have been committed to the Department of Social
Welfare or any duly licensed child placement agency or individual pursuant to an order of the court, his parents or guardian
shall thereafter exercise no authority over him except upon such conditions as the court may impose.
Article 152. Authority of Person, Agency or Institution. - The Department of Social Welfare or any duly licensed child
placement agency or individual receiving a child pursuant to an order of the court shall be the legal guardian and entitled
to his legal custody and control, be responsible for his support as defined by law, and when proper, shall have authority
to give consent to his placement, guardianship and/or adoption.
Article 153. Change of Custody. - The Department of Social Welfare shall have the authority to change the custody of a
child committed to and duly licensed child placement agency or individual if it appears that such change is for the best
interests of the child. However, when conflicting interests arise among child placement agencies the court shall order the
change of commitment of the child.
Article 154. Voluntary Commitment of a Child to an Institution. - The parent or guardian of a dependent, abandoned or
neglected child may voluntarily commit him to the Department of Social Welfare or any duly licensed child placement
agency or individual subject to the provisions of the next succeeding articles.
Article 155. Commitment Must Be in Writing. - No child shall be committed pursuant to the preceding article unless he is
surrendered in writing by his parents or guardian to the care and custody of the Department of Social Welfare or duly
licensed child placement agency. In case of the death or legal incapacity of either parent or abandonment of the child for
a period of at least one year, the other parent alone shall have the authority to make the commitment. The Department of
Social Welfare, or any proper and duly licensed child placement agency or individual shall have the authority to receive,
train, educate, care for or arrange appropriate placement of such child.
Article 156. Legal Custody. - When any child shall have been committed in accordance with the preceding article and
such child shall have been accepted by the Department of Social Welfare or any duly licensed child placement agency or
individual, the rights of his natural parents, guardian, or other custodian to exercise parental authority over him shall cease.
Such agency or individual shall be entitled to the custody and control of such child during his minority, and shall have
authority to care for, educate, train and place him out temporarily or for custody and care in a duly licensed child placement
agency. Such agency or individual may intervene in adoption proceedings in such manner as shall best inure to the child's
welfare.
Article 157. Visitation or Inspection. - Any duly licensed child placement agency or individual receiving a judicial order or
by voluntary commitment by his parents or guardian shall be subject to visitation or inspection by a representative of the
court or of the Department of Social Welfare or both, as the case may be.
Article 158. Report of Person or Institution. - Any duly licensed child placement agency or individual receiving a child for
commitment may at any time be required by the Department of Social Welfare to submit a report, copy furnished the court,
containing all necessary information for determining whether the welfare of the child is being served.
Article 159. Temporary Custody of Child. - Subject to regulation by the Department of Social Welfare and with the
permission of the court in case of judicial commitment, the competent authorities of any duly licensed child placement
agency or individual to which a child has been committed may place him in the care of any suitable person, at the latter's
request, for a period not exceeding one month at a time.
The temporary custody of the child shall be discontinued if it appears that he is not being given proper care, or at his own
request, or at the instance of the agency or person receiving him.
Article 160. Prohibited Acts. - It shall be unlawful for any child to leave the person or institution to which he has been
judicially or voluntarily committed or the person under whose custody he has been placed in accordance with the next
preceding article, or for any person to induce him to leave such person or institution, except in case of grave physical or
moral danger, actual or imminent, to the child.
Any violation of this article shall be punishable by an imprisonment of not more than one year or by a fine of not more than
two thousand pesos, or both such fine and imprisonment at the discretion of the court: Provided, That if the violation is
committed by a foreigner, he shall also be subject to deportation.
If the violation is committed by a parent or legal guardian of the child, such fact shall aggravate or mitigate the offense as
circumstances shall warrant.
Article 161. Duty to Report Abandonment. - When the parents or persons entitled to act as guardian of a child are dead
or, if living, have abandoned him, for no valid reason, for at least six months in a duly licensed child placement agency or
hospital, or left him with any other person for the same period without providing for his care and support, such fact shall
be reported immediately to the Department of Social Welfare. In case of a child left in a hospital, immediate transfer of the
child to the Department of Social Welfare or any duly licensed child placement agency must be arranged. The Department
of Social Welfare shall make provisions for the adequate care and support of the child and shall take such action as it may
deem proper for his best interests.
Article 162. Adoption of Dependent or Abandoned or Neglected Child. - Upon the filing of an application by any person
to adopt a dependent, abandoned or neglected child in the custody of any institution or individual mentioned in Article
156, it shall be the duty of the provincial or city fiscal, any recognized legal association, or any appointed de officio counsel
upon being informed of such fact, to represent the Department of Social Welfare in the proceedings. The costs of such
proceedings shall be de officio.
Article 163. Restoration of Child After Involuntary Commitment. - The parents or guardian of a child committed to the care
of a person, agency or institution by judicial order may petition the proper court for the restoration of his rights over the
child: Provided, That the child in the meantime, has not been priorly given away in adoption nor has left the country with
the adopting parents or the guardian. The petition shall be verified and shall state that the petitioner is now able to take
proper care and custody of said child.
Upon receiving the petition, the court shall fix the time for hearing the questions raised thereby and cause reasonable
notice thereof to be sent to the petitioner and to the person, agency or institution to which the child has been committed.
At the trial, any person may be allowed, at the discretion of the court, to contest the right to the relief demanded, and
witnesses may be called and examined by the parties or by the court motu proprio. If it is found that the cause for the
commitment of the child no longer exists and that the petitioner is already able to take proper care and custody of the
child, the court, after taking into consideration the best interests and the welfare of the child, shall render judgment
restoring parental authority to the petitioner.
Article 164. Restoration After Voluntary Commitment. - Upon petition filed with the Department of Social Welfare the
parent or parents or guardian who voluntarily committed a child may recover legal custody and parental authority over
him from the agency, individual or institution to which such child was voluntarily committed when it is shown to the
satisfaction of the Department of Social Welfare that the parent, parents or guardian is in a position to adequately provide
for the needs of the child: Provided, That, the petition for restoration is filed within six months after the surrender.
In all cases, the person, agency or institution having legal custody of the child shall be furnished with a copy of the petition
and shall be given the opportunity to be heard.
Article 165. Removal of Custody. - A petition to transfer custody of a child may be filed against a person or child welfare
agency to whose custody a child has been committed by the court based on neglect of such child as defined in Article
141(3). If the court, after notice and hearing, is satisfied that the allegations of the petition are true and that it is for the
best interest and welfare of the child the court shall issue an order taking him from the custody of the person or agency,
as the case may be, and committing him to the custody of another duly licensed child placement agency or individual.
The license of the agency or individual found guilty of such neglect may be suspended or revoked, as the court may deem
proper, in the same proceeding.
Article 166. Report of Maltreated or Abused Child. - All hospitals, clinics and other institutions as well as private physicians
providing treatment shall, within forty-eight hours from knowledge of the case, report in writing to the city or provincial
fiscal or to the Local Council for the Protection of Children or to the nearest unit of the Department of Social Welfare, any
case of a maltreated or abused child, or exploitation of an employed child contrary to the provisions of labor laws. It shall
be the duty of the Council for the Protection of Children or the unit of the Department of Social Welfare to whom such a
report is made to forward the same to the provincial or city fiscal.
Violation of this provision shall subject the hospital, clinic, institution, or physician who fails to make such report to a fine
of not more than two thousand pesos.
In cases of sexual abuse, the records pertaining to the case shall be kept strictly confidential and no information relating
thereto shall be disclosed except in connection with any court or official proceeding based on such report. Any person
disclosing confidential information in violation of this provision shall be punished by a fine of not less than one hundred
pesos nor more than five thousand pesos, or by imprisonment for not less than thirty days nor more than one year, or
both such fine and imprisonment, at the discretion of the court.
Article 167. Freedom from Liability of Reporting Person or Institution. - Persons, organizations, physicians, nurses,
hospitals, clinics and other entities which shall in good faith report cases of child abuse, neglect, maltreatment or
abandonment or exposure to moral danger be free from any civil or criminal liability arising therefrom.
CHAPTER II
Mentally Retarded, Physically Handicapped, Emotionally Disturbed and Mentally Ill Children
Article 168. Mentally Retarded Children. - Mentally retarded children are (1) socially incompetent, that is, socially
inadequate and occupationally incompetent and unable to manage their own affairs; (2) mentally subnormal; (3) retarded
intellectually from birth or early age; (4) retarded at maturity; (5) mentally deficient as a result of constitutional origin,
through hereditary or disease, and (6) essentially incurable.
Article 169. Classification of Mental Retardation. - Mental Retardation is divided into four classifications:
1. Custodial Group. The members of this classification are severely or profoundly retarded, hence, the least
capable group. This includes those with I.Q.s to 25.
2. Trainable Group. The members of this group consist of those with I.Q.s from about 25 to about 50; one who
belongs to this group shows a mental level and rate of development which is 1/4 to 1/2 that of the average child,
is unable to acquire higher academic skills, but can usually acquire the basic skills for living to a reasonable
degree. He can likewise attain a primary grade level of education if he receives effective instruction.
3. Educable Group. This group's I.Q. ranges from about 50 to about 75, and the intellectual development is
approximately 1/2 to 3/4 of that expected of a normal child of the same chronological age. The degree of success
or accomplishment that they will reach in life depends very much on the quality and type of education they receive,
as well as on the treatment at home and in the community. Many of the educable retardates may reach 5th or 6th
grade educational level and can develop occupational skills which may result in partial or complete economic
independence in adulthood.
4. Borderline or Low Normal Group. This is the highest group of mentally retarded, with I.Q.s from about 75 to
about 89. The members of this classification are only slightly retarded and they can usually get by in regular
classes if they receive some extra help, guidance and consideration. They have to spend much more time with
their studies than do most children in order to pass. Those who cannot make it are usually handicapped by one
or more other conditions aside from that of intelligence.
Article 170. Physically Handicapped Children. - Physically handicapped children are those who are crippled, deaf-mute,
blind, or otherwise defective which restricts their means of action on communication with others.
Article 171. Emotionally Disturbed Children. - Emotionally disturbed children are those who, although not afflicted with
insanity or mental defect, are unable to maintain normal social relations with others and the community in general due to
emotional problems or complexes.
Article 172. Mentally Ill Children. - Mentally ill children are those with any behavioral disorder, whether functional or
organic, which is of such a degree of severity as to require professional help or hospitalization.
Article 173. Admission of Disabled Children. - The Department of Social Welfare, upon the application of the parents or
guardians and the recommendation of any reputable diagnostic center or clinic, shall refer and/or admit disabled children
to any public or private institution providing the proper care, training and rehabilitation.
"Disabled children" as used in this Chapter shall include mentally retarded, physically handicapped, emotionally disturbed,
and severe mentally ill children.
Article 174. Training and Opportunities for Disabled Children. - Specialized educational services shall be expanded and
improved to provide appropriate opportunities for disabled children. Vocational rehabilitation and manpower conservation
agencies shall train disabled children for specialized types of jobs, services and business which could be learned only by
them and shall help provide opportunities for their future occupational placement: That the agencies and organizations
engaged in programs and services for the disabled need not be limited to minors. Persons of legal age may be admitted
whenever facilities are available for them.
Article 175. Planning of Programs and Services. - Selected pilot demonstration projects needed by the disabled children
shall be developed and shall be the basis for planning expanded programs and services throughout the nation. There
shall be established area centers designed to bring together an aggregate of services to serve all ages of the disabled
within a specified geographical area.
Article 176. Donations. - Donations to agencies and organizations engaged in programs and services for disabled
children shall be deductible in accordance with the provision of Presidential Decree No. 507.
Article 177. Petition for Commitment. - Where a child appears to be mentally retarded, physically handicapped,
emotionally disturbed, or mentally ill, and needs institutional care but his parents or guardians are opposed thereto, the
Department of Social Welfare, or any duly licensed child placement agency or individual shall have the authority to file a
petition for commitment of the said child to any reputable institution providing care, training and rehabilitation for disabled
children.
The parents or guardian of the child may file a similar petition in case no immediate placement can be arranged for the
disabled child when the welfare and interest of the child is at stake.
Article 178. Venue. - The petition for commitment of a disabled child shall be filed with the Juvenile and Domestic
Relations Court, if any, or with the Court of First Instance of the province or City Court where the parent or guardian
resides or where the child is found.
Article 179. Contents of Petition. - The petition for commitment must state so far as known to the petitioner:
1. The facts showing that the child appears to be mentally retarded, physically handicapped, emotionally disturbed
or mentally ill and needs institutional care;
2. The Fact that the parents or guardians or any duly licensed disabled child placement agency, as the case may
be, has opposed the commitment of such child;
3. The name of the parents and their residence, if known or if the child has no parents or parent living, the names
and residence of the guardian, if any; and
4. The name of the institution where the child is to be committed.
The petition shall be verified and shall be sufficient if based upon the information and belief of the petitioner.
Article 180. Order of Hearing. - If the petition filed is sufficient in form and substance, the court, by an order reciting the
purpose of the petition, shall fix the date for the hearing thereof, and a copy of such order shall be served on the child
alleged to be mentally retarded, or physically handicapped, or emotionally disturbed, or mentally ill, and on the person
having charge of him or any of his relatives residing in the province or city as the judge may deem proper. The court shall
furthermore order the sheriff to produce, if possible, the alleged disabled child on the date of the hearing.
Article 181. Hearing and Judgment. - Upon satisfactory proof that the institutional care of the child is for him or the public
welfare and that his parents, or guardian or relatives are unable for any reason to take proper care of him, the Court shall
order his commitment to the proper institution for disabled children.
Article 182. Disposition of Property or Money. - The Court, in its order of commitment, shall make proper provisions for
the custody of property or money belonging to the committed child.
Article 183. Findings and Other Data. - The Court shall furnish the institution to which the child has been committed with
a copy of its judgment, together with all the social and other data pertinent to the case.
Article 184. Expenses. - The expense of maintaining a disabled child in the institution to which he has been committed
shall be borne primarily by the parents or guardian and secondarily, by such disabled child, if he has property of his own.
In all cases where the expenses for the maintenance of the disabled child cannot be paid in accordance with the next
preceding paragraph, the same, or such part thereof as may remain unpaid, shall be borne by the Department of Social
Welfare.
Article 185. Children With Cerebral Palsy. - Children afflicted with cerebral palsy shall be committed to the institution
which under the circumstances of the particular child concerned is best equipped to treat and care for him.
Article 186. Discharge of Child Judicially Committed. - The Court shall order the discharge of any child judicially committed
to an institution for disabled children if it is certified by the Department of Social Welfare that:
1. He has been certified by the duly licensed disabled child placement agency to be no longer a hazard to himself
or to the community;
2. He has been sufficiently rehabilitated from his physical handicap or, if of work age, is already fit to engage in a
gainful occupation; or
3. He has been relieved of his emotional problems and complexes and is ready to assume normal social relations.
Article 187. Discharge of Child Voluntarily Committed. - Any child voluntarily committed to an institution for disabled
children may be discharged by the Department of Social Welfare motu proprio or upon the request of his parents or
guardian on any of the grounds specified in the preceding article. In the latter case, the Department of Social Welfare may
refuse to discharge the child if, in its opinion, his release would be prejudicial to him or to the community.
Article 188. Assistance of Fiscal. - The provincial or city fiscal shall represent the Department of Social Welfare or any
recognized legal association in all judicial matters arising under the provisions of this Chapter.
CHAPTER III
Youthful Offenders
Article 189. Youthful Offender Defined. - A youthful offender is one who is over nine years but under twenty-one years of
age at the time of the commission of the offense.
A child nine years of age or under at the time of the offense shall be exempt from criminal liability and shall be committed
to the care of his or her father or mother, or nearest relative or family friend in the discretion of the court and subject to its
supervision. The same shall be done for a child over nine years and under fifteen years of age at the time of the
commission of the offense, unless he acted with discernment, in which case he shall be proceeded against in accordance
with Article 192.
The provisions of Article 80 of the Revised Penal Code shall be deemed modified by the provisions of this Chapter.
Article 190. Physical and Mental Examination. - It shall be the duty of the law-enforcement agency concerned to take the
youthful offender, immediately after his apprehension, to the proper medical or health officer for a thorough physical and
mental examination. Whenever treatment for any physical or mental defect is indicated, steps shall be immediately
undertaken to provide the same.
The examination and treatment papers shall form part of the record of the case of the youthful offender.
Article 191. Care of Youthful Offender Held for Examination or Trial. - A youthful offender held for physical and mental
examination or trial or pending appeal, if unable to furnish bail, shall from the time of his arrest be committed to the care
of the Department of Social Welfare or the local rehabilitation center or a detention home in the province or city which
shall be responsible for his appearance in court whenever required: Provided, That in the absence of any such center or
agency within a reasonable distance from the venue of the trial, the provincial, city and municipal jail shall provide quarters
for youthful offenders separate from other detainees. The court may, in its discretion, upon recommendation of the
Department of Social Welfare or other agency or agencies authorized by the Court, release a youthful offender on
recognizance, to the custody of his parents or other suitable person who shall be responsible for his appearance whenever
required.
Article 192. Suspension of Sentence and Commitment of Youthful Offender. - If after hearing the evidence in the proper
proceedings, the court should find that the youthful offender has committed the acts charged against him the court shall
determine the imposable penalty, including any civil liability chargeable against him. However, instead of pronouncing
judgment of conviction, the court shall suspend all further proceedings and shall commit such minor to the custody or care
of the Department of Social Welfare, or to any training institution operated by the government, or duly licensed agencies
or any other responsible person, until he shall have reached twenty-one years of age or, for a shorter period as the court
may deem proper, after considering the reports and recommendations of the Department of Social Welfare or the agency
or responsible individual under whose care he has been committed.
The youthful offender shall be subject to visitation and supervision by a representative of the Department of Social Welfare
or any duly licensed agency or such other officer as the Court may designate subject to such conditions as it may
prescribe.
Article 193. Appeal. - The youthful offender whose sentence is suspended can appeal from the order of the court in the
same manner as appeals in criminal cases.
Article 194. Care and Maintenance of Youthful Offender. - The expenses for the care and maintenance of the youthful
offender whose sentence has been suspended shall be borne by his parents or those persons liable to support him:
Provided, That in case his parents or those persons liable to support him can not pay all or part of said expenses, the
municipality in which the offense was committed shall pay one-third of said expenses or part thereof; the province to which
the municipality belongs shall pay one-third; and the remaining one-third shall be borne by the National Government.
Chartered cities shall pay two-thirds 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
indebtedness.
All city and provincial governments must exert efforts for the immediate establishment of local detention homes for youthful
offenders.
Article 195. Report on Conduct of Child. - The Department of Social Welfare or its representative or duly licensed agency
or individual under whose care the youthful offender has been committed shall submit to the court every four months or
oftener as may be required in special cases, a written report on the conduct of said youthful offender as well as the
intellectual, physical, moral, social and emotional progress made by him.
Article 196. Dismissal of the Case. - If it is shown to the satisfaction of the court that the youthful offender whose sentence
has been suspended, has behaved properly and has shown his capability to be a useful member of the community, even
before reaching the age of majority, upon recommendation of the Department of Social Welfare, it shall dismiss the case
and order his final discharge.
Article 197. Return of the Youth Offender to Court. - Whenever the youthful offender has been found incorrigible or has
wilfully failed to comply with the conditions of his rehabilitation programs, or should his continued stay in the training
institution be inadvisable, he shall be returned to the committing court for the pronouncement of judgment.
When the youthful offender has reached the age of twenty-one while in commitment, the court shall determine whether to
dismiss the case in accordance with the next preceding article or to pronounce the judgment of conviction.
In any case covered by this article, the youthful offender shall be credited in the service of his sentence with the full time
spent in actual commitment and detention effected under the provisions of this Chapter.
Article 198. Effect of Release of Child Based on Good Conduct. - The final release of a child pursuant to the provisions
of this Chapter shall not obliterate his civil liability for damages. Such release shall be without prejudice to the right for a
writ of execution for the recovery of civil damages.
Article 199. Living Quarters for Youthful Offenders Sentence. - When a judgment of conviction is pronounced in
accordance with the provisions of Article 197, and at the time of said pronouncement the youthful offender is still under
twenty-one, he shall be committed to the proper penal institution to serve the remaining period of his sentence: Provided,
That penal institutions shall provide youthful offenders with separate quarters and, as far as practicable, group them
according to appropriate age levels or other criteria as will insure their speedy rehabilitation: Provided, further, That the
Bureau of Prisons shall maintain agricultural and forestry camps where youthful offenders may serve their sentence in
lieu of confinement in regular penitentiaries.
Article 200. Records of Proceedings. - Where a youthful offender has been charged before any city or provincial fiscal or
before any municipal judge and the charges have been ordered dropped, all the records of the case shall be destroyed
immediately thereafter.
Where a youthful offender has been charged and the court acquits him, or dismisses the case or commits him to an
institution and subsequently releases him pursuant to this Chapter, all the records of his case shall be destroyed
immediately after such acquittal, dismissal or release, unless civil liability has also been imposed in the criminal action, in
which case such records shall be destroyed after satisfaction of such civil liability. The youthful offender concerned shall
not be held under any provision of law, to be guilty of perjury or of concealment or misrepresentation by reason of his
failure to acknowledge the case or recite any fact related thereto in response to any inquiry made of him for any purpose.
"Records" within the meaning of this article shall include those which may be in the files of the National Bureau of
Investigation and with any police department, or any other government agency which may have been involved in the case.
Article 201. Civil Liability of Youthful Offenders. - The civil liability for acts committed by a youthful offender shall devolve
upon the offender's father and, in case of his death or incapacity, upon the mother, or in case of her death or incapacity,
upon the guardian. Civil liability may also be voluntarily assumed by a relative or family friend of the youthful offender.
Article 202. Rehabilitation Centers. - The Department of Social Welfare shall establish regional rehabilitation centers for
youthful offenders. The local government and other non-governmental entities shall collaborate and contribute their
support for the establishment and maintenance of these facilities.
Article 203. Detention Homes. - The Department of Local Government and Community Development shall establish
detention homes in cities and provinces distinct and separate from jails pending the disposition of cases of juvenile
offenders.
Article 204. Liability of Parents or Guardian or Any Person in the Commission of Delinquent Acts by Their Children or
Wards. - A person whether the parent or guardian of the child or not, who knowingly or wilfully,
1. Aids, causes, abets or connives with the commission by a child of a delinquency, or

2. Does any act producing, promoting, or contributing to a child's being or becoming a juvenile delinquent, shall
be punished by a fine not exceeding five hundred pesos or to imprisonment for a period not exceeding two years,
or both such fine and imprisonment, at the discretion of the court.
TITLE IX.
COUNCIL FOR THE WELFARE OF CHILDREN AND YOUTH
CHAPTER I
Creation and Composition
Article 205. Creation of the Council for the Welfare of Children. - A Council for the Welfare of Children is hereby
established under the Office of the President. The Council shall be composed of the Secretary of Social Welfare as
Chairman, and seven members, namely: The Secretary of Justice, the Secretary of Labor, the Secretary of Education and
Culture, the Secretary of Health, the Presiding Judge of the Juvenile and Domestic Relations Court, City of Manila, and
two representatives of voluntary welfare associations to be appointed by the President of the Philippines, each of whom
shall hold office for a term two years.
There shall be a permanent Secretariat for the Council headed by an Executive Director, to be appointed by the Chairman
and approved by a majority of the members of the Council.
For actual attendance at regular meetings, the Chairman and each member of the Council shall receive a per diem of one
hundred pesos for every meeting actually attended, but the total amount of per diem that the Chairman and a member
may receive in a month shall in no case exceed five hundred pesos.
Article 206. Appropriation. - The sum of five million pesos is hereby appropriated, out of any funds in the National Treasury
not otherwise appropriated, for the operation and maintenance of the Council for the Welfare of Children and Youth during
the fiscal year. Thereafter, such sums as may be necessary for its operation and maintenance shall be included in the
General Appropriations Decree.
CHAPTER II
Powers and Responsibilities
Article 207. Powers and Functions. - The Council for the Welfare of Children and Youth shall have the following powers
and functions:
1. To coordinate the implementation and enforcement of all laws relative to the promotion of child and youth
welfare;
2. To prepare, submit to the President and circulate copies of long-range programs and goals for the physical,
intellectual , emotional, moral, spiritual, and social development of children and youth, and to submit to him an
annual report of the progress thereof;
3. To formulate policies and devise, introduce, develop and evaluate programs and services for the general
welfare of children and youth;
4. To call upon and utilize any department, bureau, office, agency, or instrumentality, public, private or voluntary,
for such assistance as it may require in the performance of its functions;
5. Perform such other functions as provided by law.
Article 208. Offices to Coordinate with the Council for Welfare of Children. - The following offices and agencies shall
coordinate with the Council for the Welfare of Children and Youth in the implementation of laws and programs on child
and youth welfare:
1. Department of Justice
2. Department of Social Welfare
3. Department of Education and Culture
4. Department of Labor
5. Department of Health
6. Department of Agriculture
7. Department of Local Government and Community Development;
8. Local Councils for the Protection of Children; and such other government and private agencies which have
programs on child and youth welfare.
Existing as well as proposed programs of the above-named agencies as well as other government and private child and
youth welfare agencies as may be hereafter created shall be implemented by such agencies: Provided, That, with the
exception of those proposed by the Local Councils for the Protection of Children, all long-range child and youth welfare
programs shall, before implementation, be indorsed by the agencies concerned to their respective departments, which
shall in turn indorse the same to the Council for the Welfare on Children and Youth, for evaluation, cooperation and
coordination.
CHAPTER III
Implementation of Code and Rule-Making Authority
Article 209. Implementation of this Code and Rule-Making Authority. - The enforcement and implementation of this Code
shall be the primary responsibility of the Council for the Welfare of Children. Said Council shall have authority to
promulgate the necessary rules and regulations for the purpose of carrying into effect the provisions of this Code.
FINAL PROVISIONS
Article 210. General Penalty. - Violations of any provisions of this Code for which no penalty is specifically provided shall
be punished by imprisonment not exceeding one month or a fine not exceeding two hundred pesos, 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.
Article 211. Repealing Clause. - All laws or parts of any laws inconsistent with the provisions of this Code are hereby
repealed or modified accordingly: Provided, That the provisions of the Dangerous Drugs Act of 1972 and amendments
thereto shall continue to be in force and shall not be deemed modified or repealed by any provision of this Code.
Article 212. Separability Clause. - If any provision of this Code is held invalid, the other provisions not affected thereby
shall continue in operation.
Article 213. Effectivity Clause. - This Code shall take effect six months after its approval.
Done in the City of Manila, this 10th day of December, in the year of Our Lord, nineteen hundred and seventy-four.
Republic Act No. 6675 September 13, 1988
AN ACT TO PROMOTE, REQUIRE AND ENSURE THE PRODUCTION OF AN ADEQUATE SUPPLY, DISTRIBUTION,
USE AND ACCEPTANCE OF DRUGS AND MEDICINES IDENTIFIED BY THEIR GENERIC NAMES
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled::
Section 1. Title This Act shall be known as the "Generics Act of 1988."
Section 2. Statement of Policy It is hereby declared the policy of the State:
To promote, encourage and require the use of generic terminology in the importation, manufacture, distribution,
marketing, advertising and promotion, prescription and dispensing of drugs;
To ensure the adequate supply of drugs with generic names at the lowest possible cost and endeavor to make
them available for free to indigent patients;
To encourage the extensive use of drugs with generic names through a rational system of procurement and
distribution;
To emphasize the scientific basis for the use of drugs, in order that health professionals may become more aware
and cognizant of their therapeutic effectiveness; and
To promote drug safety by minimizing duplication in medications and/or use of drugs with potentially adverse drug
interactions.
Section 3. Definition of Terms The following terms are herein defined for purposes of this Act:
(1) "Generic Name or Generic Terminology" is the identification of drugs and medicines by their scientifically and
internationally recognize active ingredients or by their official generic name as determined by the Bureau of Food
and Drugs of the Department of Health.
(2) "Active Ingredient" is the chemical component responsible for the claimed therapeutic effect of the
pharmaceutical product.
(3) "Chemical Name" is the description of the chemical structure of the drug or medicine and serves as the
complete identification of a compound.
(4) "Drug Product" is the finished product form that contains the active ingredients, generally but not necessarily
in association with inactive ingredients.
(5) "Drug Establishment" is any organization or company involved in the manufacture, importation, repacking
and/or distribution of drugs or medicines.
(6) "Drug Outlets" means drugstores, pharmacies, and any other business establishments which sell drugs or
medicines.
(7) "Essential Drugs List" or "National Drug Formulary" is a list of drugs prepared and periodically updated by the
Department of Health on the basis of health conditions obtaining in the Philippines as well as on internationally
accepted criteria. It shall consist of a core list and a complementary list.
(8) "Core List" is a list of drugs that meets the health care needs of the majority of the population.
(9) "Complementary List" is a list of alternative drugs used when there is no response to the core essential drug
or when there is hypersensitivity reaction to the core essential drug or when for one reason or another, the core
essential drug cannot be given.
(10) "Brand Name" is the proprietary name given by the manufacturer to distinguish its product from those of
competitors.
(11) "Generic Drugs" are drugs not covered by patent protection and which are labeled solely by their international
non-proprietary or generic name.
Section 4. The Use of Generic Terminology for Essential Drugs and Promotional Incentives. (a) In the promotion
of the generic names for pharmaceutical products, special consideration shall be given to drugs and medicines which are
included in the Essential Drugs List to be prepared within one hundred eighty (180) days from approval of this Act and
updated quarterly by the Department of Health on the basis of health conditions obtaining in the Philippines as well as on
internationally accepted criteria.
(b) The exclusive use of generic terminology in the manufacture, marketing and sales of drugs and medicines, particularly
those in the Essential Drugs List, shall be promoted through such a system of incentives as the Board of Investments
jointly with the Department of Health and other government agencies as may be authorized by law, shall promulgate in
accordance with existing laws, within one hundred eighty (180) days after approval of this Act.
Section 5. Posting and Publication The Department of Health shall publish annually in at least two (2) newspapers of
general circulation in the Philippines the generic names, and the corresponding brand names under which they are
marketed, of all drugs and medicines available in the Philippines.
Section 6. Who Shall Use Generic Terminology - (a) All government health agencies and their personnel as well as
other government agencies shall use generic terminology or generic names in all transactions related to purchasing,
prescribing, dispensing and administering of drugs and medicines.
(b) All medical, dental and veterinary practitioners, including private practitioners, shall write prescriptions using the
generic name. The brand name may be included if so desired.
(c) Any organization or company involved in the manufacture, importation, repacking, marketing and/or distribution of
drugs and medicines shall indicate prominently the generic name of the product. In the case of brand name products, the
generic name shall appear prominently and immediately above the brand name in all product labels as well as in
advertising and other promotional materials.
(d) Drug outlets, including drugstores, hospital and non-hospital pharmacies and non-traditional outlets such as
supermarkets and stores, shall inform any buyer about any and all other drug products having the same generic name,
together with their corresponding prices so that the buyer may adequately exercise, his option.
Within one (1) year after approval of this Act, the drug outlets referred to herein, shall post in conspicuous places in their
establishments, a list of drug products with the same generic name and their corresponding prices.
Section 7. Provision on Quality, Manufacturers Identity and Responsibility In order to assure responsibility for
drug quality in all instances, the label of all drugs and medicines shall have the following: name and country of
manufacture, dates of manufacture and expiration. The quality of such generically labeled drugs and medicines shall be
duly certified by the Department of Health.
Section 8. Required Production Subject to the rules and regulations promulgated by the Secretary of Health, every
drug manufacturing company operating in the Philippines shall be required to produce, distribute and make available to
the general public the medicine it produces, in the form of generic drugs.
Section 9. Rules and Regulations The implementation of the provisions of this Act shall be in accordance with the
rules and regulations to be promulgated by the Department of Health. Rules and regulations with penal sanctions shall be
promulgated within one hundred eighty (180) days after approval of this Act and shall take effect fifteen (15) days after
publication in the Official Gazette or in two (2) newspapers of general circulation.
Section 10. Authority to Import Within three (3) years from the effectivity of this Act, extendible by the President for
another two (2) years and during periods of critical shortage and absolute necessity, the Department of Health is hereby
authorized to import raw materials of which there is a shortage for the use of Filipino-owned or controlled drug
establishments to be marketed and sold exclusively under generic nomenclature. The President may authorize the
importation of raw materials tax and duty-free. The Secretary of Health shall ensure that the imported raw materials are
allocated fairly and efficiently among Filipino-owned or controlled drug establishments. He shall submit to the Office of the
President and to Congress a quarterly report on the quantity, kind and value of the raw materials imported.
Section 11. Education Drive The Department of Health jointly with the Department of Education, Culture and Sports,
Philippine Information Agency and the Department of Local Government shall conduct a continuous information campaign
for the public and a continuing education and training for the medical and allied medical professions on drugs with generic
names as an alternative of equal efficacy to the more expensive brand name drugs. Such educational campaign shall
include information on the illnesses or symptoms which each generically named drug is supposed to cure or alleviate, as
well as its contraindications. The Department of Health with the assistance of the Department of Local Government and
the Philippine Information Agency shall monitor the progress of the education drive, and shall submit regular reports to
Congress.
Section 12. Penalty A) Any person who shall violate Section 6(a) or 6(b) of this Act shall suffer the penalty graduated
hereunder, viz:
(a) for the first conviction, he shall suffer the penalty of reprimand which shall be officially recorded in the
appropriate books of the Professional Regulation Commission.
(b) for the second conviction, the penalty of fine in the amount of not less than two thousand pesos (P2,000.00)
but not exceeding five thousand pesos (5,000.00) at the discretion of the court.
(c) for the third conviction, the penalty of fine in the amount of not less than five thousand pesos (P5,000.00) but
not exceeding then thousand pesos (P10,000.00) and suspension of his license to practice his profession for
thirty (30) days at the discretion of the court.
(d) for the fourth and subsequent convictions, the penalty of fine of not less than ten thousand pesos (P10,000.00)
and suspension of his license to practice his profession for one year or longer at the discretion of the court.
B) Any juridical person who violates Section 6(c), 6(d), 7 or 8 shall suffer the penalty of a fine of not less than five thousand
pesos (P5,000.00) nor more than ten thousand pesos (P10,000.00) and suspension or revocation of license to operate
such drug establishment or drug outlet at the discretion of the Court: Provided,That its officers directly responsible for the
violation shall suffer the penalty of fine and suspension or revocation of license to practice profession, if applicable, and
by imprisonment of not less than six (6) months nor more than one (1) year or both fine and imprisonment at the discretion
of the Court: and Provided, further, That if the guilty party is an alien, he shall be ipso facto deported after service of
sentence without need of further proceedings. C) The Secretary of Health shall have the authority to impose administrative
sanctions such as suspension or cancellation of license to operate or recommend suspension of license to practice
profession to the Professional Regulation Commission as the case may be for the violation of this Act. Section 13.
Separability Clause If any provision of this Act is declared invalid, the remainder or any provision hereof not affected
thereby shall remain in force and effect.
Section 14. Repealing Clause The provisions of any law, executive order, presidential decree or other issuances
inconsistent with this Act are hereby repealed or modified accordingly.
Section 15. Effectivity This Act shall take effect fifteen (15) days after its complete publication in the Official Gazette
or two (2) newspapers of general circulation.
Republic Act No. 8504 February 13, 1998
AN ACT PROMULGATING POLICIES AND PRESCRIBING MEASURES FOR THE PREVENTION AND CONTROL OF
HIV/AIDS IN THE PHILIPPINES, INSTITUTING A NATIONWIDE HIV/AIDS INFORMATION AND EDUCATIONAL
PROGRAM, ESTABLISHING A COMPREHENSIVE HIV/AIDS MONITORING SYSTEM, STRENGTHENING THE
PHILIPPINE NATIONAL AIDS COUNCIL, AND FOR OTHER PURPOSES
Section 1. Title. This Act shall be known as the "Philippine AIDS Prevention and Control Act of 1998."
Section 2. Declaration of policies. Acquired Immune Deficiency Syndrome (AIDS) is a disease that recognizes no
territorial, social, political and economic boundaries for which there is no known cure. The gravity of the AIDS threat
demands strong State action today, thus:
(a) The State shall promote public awareness about the causes, modes of transmission, consequences, means
of prevention and control of HIV/AIDS through a comprehensive nationwide educational and information
campaign organized and conducted by the State. Such campaigns shall promote value formation and employ
scientifically proven approaches, focus on the family as a basic social unit, and be carried out in all schools and
training centers, workplaces, and communities. This program shall involve affected individuals and groups,
including people living with HIV/AIDS.
(b) The State shall extend to every person suspected or known to be infected with HIV/AIDS full protection of
his/her human rights and civil liberties. Towards this end:
(1) compulsory HIV testing shall be considered unlawful unless otherwise provided in this Act;
(2) the right to privacy of individuals with HIV shall be guaranteed;
(3) discrimination, in all its forms and subtleties, against individuals with HIV or persons perceived or
suspected of having HIV shall be considered inimical to individual and national interest; and
(4) provision of basic health and social services for individuals with HIV shall be assured.
(c) The State shall promote utmost safety and universal precautions in practices and procedures that carry the
risk of HIV transmission.
(d) The State shall positively address and seek to eradicate conditions that aggravate the spread of HIV infection,
including but not limited to, poverty, gender inequality, prostitution, marginalization, drug abuse and ignorance.
(e) The State shall recognize the potential role of affected individuals in propagating vital information and
educational messages about HIV/AIDS and shall utilize their experience to warn the public about the disease.
Section 3. Definition of terms. As used in this Act, the following terms are defined as follows:
(a) "Acquired Immune Deficiency Syndrome (AIDS)" a condition characterized by a combination of signs and
symptoms, caused by HIV contracted from another person and which attacks and weakens the body's immune
system, making the afflicted individual susceptible to other life-threatening infections.
(b) "Anonymous Testing" refers to an HIV testing procedure whereby the individual being tested does not reveal
his/her true identity. An identifying number or symbol is used to substitute for the name and allows the laboratory
conducting the test and the person on whom the test is conducted to match the test results with the identifying
number or symbol.
(c) "Compulsory HIV Testing" refers to HIV testing imposed upon a person attended or characterized by the
lack of or vitiated consent, use of physical force, intimidation or any form of compulsion.
(d) "Contact tracing" refers to the method of finding and counselling the sexual partner(s) of a person who has
been diagnosed as having sexually transmitted disease.
(e) "Human Immunodeficiency Virus (HIV)" refers to the virus which causes AIDS.
(f) "HIV/AIDS Monitoring" refers to the documentation and analysis of the number of HIV/AIDS infections and
the pattern of its spread.
(g) "HIV/AIDS Prevention and Control" refers to measures aimed at protecting non-infected from contracting
HIV and minimizing the impact of the condition of persons living with HIV.
(h) "HIV-positive" refers to the presence of HIV infection as documented by the presence of HIV or HIV
antibodies in the sample being tested.
(i) "HIV-negative" denotes the absence of HIV or HIV antibodies upon HIV testing.
(j) "HIV Testing" refers to any laboratory procedure done on an individual to determine the presence or absence
of HIV infection.
(k) "HIV Transmission" refers to the transfer of HIV from one infected person to an uninfected individual, most
commonly through sexual intercourse, blood transfusion, sharing of intravenous needles and during pregnancy.
(l) "High-Risk Behavior" refers to a person's frequent involvement in certain activities which increase the risk of
transmitting or acquiring HIV.
(m) "Informed Consent" refers to the voluntary agreement of a person to undergo or be subjected to a procedure
based on full information, whether such permission is written, conveyed verbally, or expressed indirectly.
(n) "Medical Confidentiality" refers to the relationship of trust and confidence created or existing between a
patient or a person with HIV and his attending physician, consulting medical specialist, nurse, medical technologist
and all other health workers or personnel involved in any counselling, testing or professional care of the former;
it also applies to any person who, in any official capacity, has acquired or may have acquired such confidential
information.
(o) "Person with HIV" refers to an individual whose HIV test indicates, directly or indirectly, that he/she is infected
with HIV.
(p) "Pre-Test Counselling" refers to the process of providing an individual information on the biomedical aspects
of HIV/AIDS and emotional support to any psychological implications of undergoing HIV testing and the test result
itself before he/she is subjected to the test.
(q) "Post-Test Counselling" refers to the process of providing risk-reduction information and emotional support
to a person who submitted to HIV testing at the time that the test result is released.
(r) "Prophylactic" refers to any agent or device used to prevent the transmission of a disease.
(s) "Sexually Transmitted Diseases" refers to any disease that may be acquired or passed on through sexual
contact.
(t) "Voluntary HIV Testing" refers to HIV testing done on an individual who, after having undergone pre-test
counselling, willingly submits himself/herself to such test.
(u) "Window Period" refers to the period of time, usually lasting from two weeks to six (6) months during which
an infected individual will test "negative" upon HIV testing but can actually transmit the infection.
ARTICLE I
EDUCATION AND INFORMATION
Sec. 4. HIV/AIDS education in schools. The Department of Education, Culture and Sports (DECS), the Commission
on Higher Education (CHED), and the Technical Education and skills Development Authority (TESDA), utilizing official
information provided by the Department of Health, shall integrate instruction on the causes, modes of transmission and
ways of preventing HIV/AIDS and other sexually transmitted diseases in subjects taught in public and private schools at
intermediate grades, secondary and tertiary levels, including non-formal and indigenous learning systems: Provided, That
if the integration of HIV/AIDS education is not appropriate or feasible, the DECS and TESDA shall design special modules
on HIV/AIDS prevention and control: Provided, further, That it shall not be used as an excuse to propagate birth control
or the sale or distribution of birth control devices: Provided, finally, That it does not utilize sexually explicit materials.
Flexibility in the formulation and adoption of appropriate course content, scope, and methodology in each educational
level or group shall be allowed after consultations with Parent-Teachers-Community Associations, Private School
Associations, school officials, and other interest groups. As such, no instruction shall be offered to minors without
adequate prior consultation with parents who must agree to the thrust and content of the instruction materials.
All teachers and instructors of said HIV/AIDS courses shall be required to undergo a seminar or training on HIV/AIDS
prevention and control to be supervised by DECS, CHED and TESDA, in coordination with the Department of Health
(DOH), before they are allowed to teach on the subject.
Section 5. HIV/AIDS information as a health service. HIV/AIDS education and information dissemination shall form
part of the delivery of health services by health practitioners, workers and personnel. The knowledge and capabilities of
all public health workers shall be enhanced to include skills for proper information dissemination and education on
HIV/AIDS. It shall likewise be considered a civic duty of health providers in the private sector to make available to the
public such information necessary to control the spread of HIV/AIDS and to correct common misconceptions about this
disease. The training or health workers shall include discussions on HIV-related ethical issues such as confidentiality,
informed consent and the duty to provide treatment.
Section 6. HIV/AIDS education in the workplace. All government and private employees, workers, managers, and
supervisors, including members of the Armed Forces of the Philippines (AFP) and the Philippine National Police (PNP),
shall be provided with the standardized basic information and instruction on HIV/AIDS which shall include topics on
confidentiality in the workplace and attitude towards infected employees and workers. In collaboration with the Department
of Health (DOH), the Secretary of the Department of Labor and Employment (DOLE) shall oversee the anti-HIV/AIDS
campaign in all private companies while the Armed Forces Chief of Staff and the Director General of the PNP shall oversee
the implementation of this Sec..
Section 7. HIV/AIDS education for Filipinos going abroad. The State shall ensure that all overseas Filipino workers
and diplomatic, military, trade, and labor officials and personnel to be assigned overseas shall undergo or attend a seminar
on the cause, prevention and consequences of HIV/AIDS before certification for overseas assignment. The Department
of Labor and Employment or the Department of Foreign Affairs, the Department of Tourism and the Department of Justice
through the Bureau of Immigration, as the case may be, in collaboration with the Department of Health (DOH), shall
oversee the implementation of this Sec..
Section 8. Information campaign for tourists and transients. Informational aids or materials on the cause, modes
of transmission, prevention, and consequences of HIV infection shall be adequately provided at all international ports of
entry and exit. The Department of Tourism, the Department of Foreign Affairs, the Department of Justice through the
Bureau of Immigration, in collaboration with the Department of Health (DOH), shall oversee the implementation of this
Act.
Section 9. HIV/AIDS education in communities. Local government units, in collaboration with the Department of
Health (DOH), shall conduct an educational and information campaign on HIV/AIDS. The provincial governor, city or
municipal mayor and the barangay captain shall coordinate such campaign among concerned government agencies, non-
government organizations and church-based groups.
Section 10. Information on prophylactics. Appropriate information shall be attached to or provided with every
prophylactic offered for sale or given as a donation. Such information shall be legibly printed in English and Filipino, and
contain literature on the proper use of the prophylactic device or agent, its efficacy against HIV and STD infection, as well
as the importance of sexual abstinence and mutual fidelity.
Section 11. Penalties for misleading information. Misinformation on HIV/AIDS prevention and control through false
and misleading advertising and claims in any of the tri-media or the promotional marketing of drugs, devices, agents or
procedures without prior approval from the Department of Health and the Bureau of Food and Drugs and the requisite
medical and scientific basis, including markings and indications in drugs and devises or agents, purporting to be a cure
or a fail-safe prophylactic for HIV infection is punishable with a penalty of imprisonment for two (2) months to two (2) years,
without prejudice to the imposition of administrative sanctions such as fines and suspension or revocation of professional
or business license.
ARTICLE II
SAFE PRACTICES AND PROCEDURES
Sec. 12. Requirement on the donation of blood, tissue, or organ. No laboratory or institution shall accept a donation
of tissue or organ, whether such donation is gratuitous or onerous, unless a sample from the donor has been tested
negative for HIV. All donated blood shall also be subjected to HIV testing and HIV(+) blood shall be disposed of properly
and immediately. A second testing may be demanded as a matter of right by the blood, tissue, or organ recipient or his
immediate relatives before transfusion or transplant, except during emergency cases: Provided, That donations of blood,
tissue, or organ testing positive for HIV may be accepted for research purposes only, and subject to strict sanitary disposal
requirements.
Section 13. Guidelines on surgical and similar procedures. The Department of Health (DOH), in consultation and
in coordination with concerned professional organizations and hospital associations, shall issue guidelines on precautions
against HIV transmission during surgical, dental, embalming, tattooing or similar procedures. The DOH shall likewise issue
guidelines on the handling and disposition of cadavers, body fluids or wastes of persons known or believed to be HIV-
positive.
The necessary protective equipment such as gloves, goggles and gowns, shall be made available to all physicians and
health care providers and similarly exposed personnel at all times.
Section 14. Penalties for unsafe practices and procedures. Any person who knowingly or negligently causes another
to get infected with HIV in the course of the practice of his/her profession through unsafe and unsanitary practice or
procedure is liable to suffer a penalty of imprisonment for six (6) years to twelve (12) years, without prejudice to the
imposition of administrative sanctions such as, but not limited to, fines and suspension or revocation of the license to
practice his/her profession. The permit or license of any business entity and the accreditation of hospitals, laboratory, or
clinics may be cancelled or withdrawn if said establishments fail to maintain such safe practices and procedures as may
be required by the guidelines to be formulated in compliance with Sec. 13 of this Act.
ARTICLE III
TESTING, SCREENING AND COUNSELLING
Sec. 15. Consent as a requisite for HIV testing. No compulsory HIV testing shall be allowed. However, the State shall
encourage voluntary testing for individuals with a high risk for contracting HIV: Provided, That written informed consent
must first be obtained. Such consent shall be obtained from the person concerned if he/she is of legal age or from the
parents or legal guardian in the case of a minor or a mentally incapacitated individual. Lawful consent to HIV testing of a
donated human body, organ, tissue, or blood shall be considered as having been given when:
(a) a person volunteers or freely agrees to donate his/her blood, organ, or tissue for transfusion, transplantation,
or research;
(b) a person has executed a legacy in accordance with Sec. 3 of Republic Act No. 7170, also known as the "Organ
Donation Act of 1991";
(c) a donation is executed in accordance with Sec. 4 of Republic Act No. 7170.
Section 16. Prohibitions on compulsory HIV testing. Compulsory HIV testing as a precondition to employment,
admission to educational institutions, the exercise of freedom of abode, entry or continued stay in the country, or the right
to travel, the provision of medical service or any other kind of service, or the continued enjoyment of said undertakings
shall be deemed unlawful.
Section 17. Exception to the prohibition on compulsory testing. Compulsory HIV testing may be allowed only in
the following instances:
a) When a person is charged with any of the crimes punishable under Articles 264 and 266 as amended by
Republic Act No. 8353, 335 and 338 of Republic Act No. 3815, otherwise known as the "Revised Penal Code"or
under Republic Act No. 7659;
b) When the determination of the HIV status is necessary to resolve the relevant issues under Executive Order
No. 309, otherwise known as the "Family Code of the Philippines"; and
c) When complying with the provisions of Republic Act No. 7170, otherwise known as the "Organ Donation
Act" and Republic Act No. 7719, otherwise known as the "National Blood Services Act".
Section 18. Anonymous HIV testing. The State shall provide a mechanism for anonymous HIV testing and shall
guarantee anonymity and medical confidentiality in the conduct of such tests.
Section 19. Accreditation of HIV Testing Centers. All testing centers, hospitals, clinics, and laboratories offering HIV
testing services are mandated to seek accreditation from the Department of Health which shall set and maintain
reasonable accreditation standards.
Section 20. Pre-test and post-test counselling. All testing centers, clinics, or laboratories which perform any HIV test
shall be required to provide and conduct free pre-test counselling and post-test counselling for persons who avail of their
HIV/AIDS testing services. However, such counselling services must be provided only by persons who meet the standards
set by the DOH.
Section 21. Support for HIV Testing Centers. The Department of Health shall strategically build and enhance the
capabilities for HIV testing of hospitals, clinics, laboratories, and other testing centers primarily, by ensuring the training
of competent personnel who will provide such services in said testing sites.
ARTICLE IV
HEALTH AND SUPPORT SERVICES
Sec. 22. Hospital-based services. Persons with HIV/AIDS shall be afforded basic health services in all government
hospitals, without prejudice to optimum medical care which may be provided by special AIDS wards and hospitals.
Section 23. Community-based services. Local government units, in coordination and in cooperation with concerned
government agencies, non-government organizations, persons with HIV/AIDS and groups most at risk of HIV infection
shall provide community-based HIV/AIDS prevention and care services.
Section 24. Livelihood programs and trainings. Trainings for livelihood, self-help cooperative programs shall be
made accessible and available to all persons with HIV/AIDS. Persons infected with HIV/AIDS shall not be deprived of full
participation in any livelihood, self-help and cooperative programs for reason of their health conditions.
Section 25. Control of sexually transmitted diseases. The Department of Health, in coordination and in cooperation
with concerned government agencies and non-government organizations shall pursue the prevention and control of
sexually transmitted diseases to help contain the spread of HIV infection.
Section 26. Insurance for persons with HIV. The Secretary of Health, in cooperation with the Commissioner of the
Insurance Commission and other public and private insurance agencies, shall conduct a study on the feasibility and
viability of setting up a package of insurance benefits and, should such study warrant it, implement an insurance coverage
program for persons with HIV. The study shall be guided by the principle that access to health insurance is part of an
individual's right to health and is the responsibility of the State and of society as a whole.
ARTICLE V
MONITORING
Sec. 27. Monitoring program. A comprehensive HIV/AIDS monitoring program or "AIDSWATCH" shall be established
under the Department of Health to determine and monitor the magnitude and progression of HIV infection in the
Philippines, and for the purpose of evaluating the adequacy and efficacy of the countermeasures being employed.
Section 28. Reporting procedures. All hospitals, clinics, laboratories, and testing centers for HIV/AIDS shall adopt
measures in assuring the reporting and confidentiality of any medical record, personal data, file, including all data which
may be accessed from various data banks or information systems. The Department of Health through its AIDSWATCH
monitoring program shall receive, collate and evaluate all HIV/AIDS related medical reports. The AIDSWATCH data base
shall utilize a coding system that promotes client anonymity.
Section 29. Contact tracing. HIV/AIDS contact tracing and all other related health intelligence activities may be
pursued by the Department of Health: Provided, That these do not run counter to the general purpose of this Act: Provided,
further, That any information gathered shall remain confidential and classified, and can only be used for statistical and
monitoring purposes and not as basis or qualification for any employment, school attendance, freedom of abode, or travel.
ARTICLE VI
CONFIDENTIALITY
Sec. 30. Medical confidentiality. All health professionals, medical instructors, workers, employers, recruitment
agencies, insurance companies, data encoders, and other custodians of any medical record, file, data, or test results are
directed to strictly observe confidentiality in the handling of all medical information, particularly the identity and status of
persons with HIV.
Section 31. Exceptions to the mandate of confidentiality. Medical confidentiality shall not be considered breached
in the following cases:
(a) when complying with reportorial requirements in conjunction with the AIDSWATCH programs provided in Sec.
27 of this Act;
(b) when informing other health workers directly involved or about to be involved in the treatment or care of a
person with HIV/AIDS: Provided, That such treatment or care carry the risk of HIV transmission: Provided, further,
That such workers shall be obliged to maintain the shared medical confidentiality;
(c) when responding to a subpoena duces tecum and subpoena ad testificandum issued by a Court with
jurisdiction over a legal proceeding where the main issue is the HIV status of an individual: Provided, That the
confidential medical record shall be properly sealed by its lawful custodian after being double-checked for
accuracy by the head of the office or department, hand delivered, and personally opened by the judge: Provided,
further, That the judicial proceedings be held in executive session.
Section 32. Release of HIV/AIDS test results. All results of HIV/AIDS testing shall be confidential and shall be released
only to the following persons:
(a) the person who submitted himself/herself to such test;
(b) either parent of a minor child who has been tested;
(c) a legal guardian in the case of insane persons or orphans;
(d) a person authorized to receive such results in conjunction with the AIDSWATCH program as provided in Sec.
27 of this Act;
(e) a justice of the Court of Appeals or the Supreme Court, as provided under subSec. (c) of this Act and in
accordance with the provision of Sec. 16 hereof.
Section 33. Penalties for violations of confidentiality. Any violation of medical confidentiality as provided in Sec.s
30 and 32 of this Act shall suffer the penalty of imprisonment for six (6) months to four (4) years, without prejudice to
administrative sanctions such as fines and suspension or revocation of the violator's license to practice his/her profession,
as well as the cancellation or withdrawal of the license to operate any business entity and the accreditation of hospitals,
laboratories or clinics.
Section 34. Disclosure to sexual partners. Any person with HIV is obliged to disclose his/her HIV status and health
condition to his/her spouse or sexual partner at the earliest opportune time.
ARTICLE VII
DISCRIMINATORY ACTS AND POLICIES
Sec. 35. Discrimination in the workplace. Discrimination in any form from pre-employment to post-employment,
including hiring, promotion or assignment, based on the actual, perceived or suspected HIV status of an individual is
prohibited. Termination from work on the sole basis of actual, perceived or suspected HIV status is deemed unlawful.
Section 36. Discrimination in schools. No educational institution shall refuse admission or expel, discipline,
segregate, deny participation, benefits or services to a student or prospective student on the basis of his/her actual,
perceived or suspected HIV status.
Section 37. Restrictions on travel and habitation. The freedom of abode, lodging and travel of a person with HIV
shall not be abridged. No person shall be quarantined, placed in isolation, or refused lawful entry into or deported from
Philippine territory on account of his/her actual, perceived or suspected HIV status.
Section 38. Inhibition from public service. The right to seek an elective or appointive public office shall not be denied
to a person with HIV.
Section 39. Exclusion from credit and insurance services. All credit and loan services, including health, accident
and life insurance shall not be denied to a person on the basis of his/her actual, perceived or suspected HIV status:
Provided, That the person with HIV has not concealed or misrepresented the fact to the insurance company upon
application. Extension and continuation of credit and loan shall likewise not be denied solely on the basis of said health
condition.
Section 40. Discrimination in hospitals and health institutions. No person shall be denied health care service or be
charged with a higher fee on account of actual, perceived or suspected HIV status.
Section 41. Denial of burial services. A deceased person who had AIDS or who was known, suspected or perceived
to be HIV-positive shall not be denied any kind of decent burial services.
Section 42. Penalties for discriminatory acts and policies. All discriminatory acts and policies referred to in this Act
shall be punishable with a penalty of imprisonment for six (6) months to four (4) years and a fine not exceeding Ten
thousand pesos (P10,000.00). In addition, licenses/permits of schools, hospitals and other institutions found guilty of
committing discriminatory acts and policies described in this Act shall be revoked.
ARTICLE VIII
THE PHILIPPINE NATIONAL AIDS COUNCIL
Sec. 43. Establishment. The Philippine National AIDS Council (PNAC) created by virtue of Executive Order No. 39
dated 3 December 1992 shall be reconstituted and strengthened to enable the Council to oversee an integrated and
comprehensive approach to HIV/AIDS prevention and control in the Philippines. It shall be attached to the Department of
Health.
Section 44. Functions. The Council shall be the central advisory, planning and policy-making body for the
comprehensive and integrated HIV/AIDS prevention and control program in the Philippines. The Council shall perform the
following functions:
(a) Secure from government agencies concerned recommendations on how their respective agencies could
operationalize specific provisions of this Act. The Council shall integrate and coordinate such recommendations
and issue implementing rules and regulations of this Act. The Council shall likewise ensure that there is adequate
coverage of the following:
(1) The institution of a nationwide HIV/AIDS information and education program;
(2) The establishment of a comprehensive HIV/AIDS monitoring system;
(3) The issuance of guidelines on medical and other practices and procedures that carry the risk of HIV
transmission;
(4) The provision of accessible and affordable HIV testing and counselling services to those who are in
need of it;
(5) The provision of acceptable health and support services for persons with HIV/AIDS in hospitals and
in communities;
(6) The protection and promotion of the rights of individuals with HIV; and
(7) The strict observance of medical confidentiality.
(b) Monitor the implementation of the rules and regulations of this Act, issue or cause the issuance of orders or
make recommendations to the implementing agencies as the Council considers appropriate;
(c) Develop a comprehensive long-term national HIV/AIDS prevention and control program and monitor its
implementation;
(d) Coordinate the activities of and strengthen working relationships between government and non-government
agencies involved in the campaign against HIV/AIDS;
(e) Coordinate and cooperate with foreign and international organizations regarding data collection, research and
treatment modalities concerning HIV/AIDS; and
(f) Evaluate the adequacy of and make recommendations regarding the utilization of national resources for the
prevention and control of HIV/AIDS in the Philippines.
Section 45. Membership and composition. (a) The Council shall be composed of twenty-six (26) members as follows:
(1) The Secretary of the Department of Health;
(2) The Secretary of the Department of Education, Culture and Sports or his representative;
(3) The Chairperson of the Commission on Higher Education or his representative;
(4) The Director-General of the Technical Education and Skills Development Authority or his representative;
(5) The Secretary of the Department of Labor and Employment or his representative;
(6) The Secretary of the Department of Social Welfare and Development or his representative;
(7) The Secretary of the Department of the Interior and Local Government or his representative;
(8) The Secretary of the Department of Justice or his representative;

(9) The Director-General of the National Economic and Development Authority or his representative;
(10) The Secretary of the Department of Tourism or his representative;
(11) The Secretary of the Department of Budget and Management or his representative;
(12) The Secretary of the Department of Foreign Affairs or his representative;
(13) The Head of the Philippine Information Agency or his representative;
(14) The President of the League of Governors or his representative;
(15) The President of the League of City Mayors or his representative;
(16) The Chairperson of the Committee on Health of the Senate of the Philippines or his representative;
(17) The Chairperson of the Committee on Health of the House of Representatives or his representative;
(18) Two (2) representatives from organizations of medical/health professionals;
(19) Six (6) representatives from non-government organizations involved in HIV/AIDS prevention and control
efforts or activities; and
(20) A representative of an organization of persons dealing with HIV/AIDS.
(b) To the greatest extent possible, appointment to the Council must ensure sufficient and discernible representation from
the fields of medicine, education, health care, law, labor, ethics and social services;
(c) All members of the Council shall be appointed by the President of the Republic of the Philippines, except for the
representatives of the Senate and the House of Representatives, who shall be appointed by the Senate President and
the House Speaker, respectively;
(d) The members of the Council shall be appointed not later than thirty (30) days after the date of the enactment of this
Act;
(e) The Secretary of Health shall be the permanent chairperson of the Council; however, the vice-chairperson shall be
elected by its members from among themselves, and shall serve for a term of two (2) years; and
(f) For members representing medical/health professional groups and the six (6) non-government organizations, they shall
serve for a term of two (2) years, renewable upon recommendation of the Council.
Section 46. Reports. The Council shall submit to the President and to both Houses of Congress comprehensive annual
reports on the activities and accomplishments of the Council. Such annual reports shall contain assessments and
evaluation of intervention programs, plans and strategies for the medium- and long-term prevention and control program
on HIV/AIDS in the Philippines.
Section 47. Creation of Special HIV/AIDS Prevention and Control Service. There shall be created in the Department
of Health a Special HIV/AIDS Prevention and Control Service staffed by qualified medical specialists and support staff
with permanent appointment and supported with an adequate yearly budget. It shall implement programs on HIV/AIDS
prevention and control. In addition, it shall also serve as the secretariat of the Council.
Section 48. Appropriations. The amount of Twenty million pesos (P20,000,000.00) shall be initially appropriated out
of the funds of the National Treasury. Subsequent appropriations shall be provided by Congress in the annual budget of
the Department of Health under the General Appropriations Act.
ARTICLE IX
MISCELLANEOUS PROVISIONS
Sec. 49. Implementing rules and regulations. Within six (6) months after it is fully reconstituted, the Council shall
formulate and issue the appropriate rules and regulations necessary for the implementation of this Act.
Section 50. Separability clause. If any provision of this Act is declared invalid, the remainder of this Act or any provision
not affected thereby shall remain in force and effect.
Section 51. Repealing clause. All laws, presidential decrees, executive orders and their implementing rules
inconsistent with the provisions of this Act are hereby repealed, amended or modified accordingly.
Section 52. Effectivity. This Act shall take effect fifteen (15) days after its publication in at least two (2) national
newspapers of general circulation.
Approved: February 13, 1998
Act No. 3753
Law on Registry of Civil Status
Section 1. Civil Register. A civil register is established for recording the civil status of persons, in which shall be
entered: (a) births; (b) deaths; (c) marriages; (d) annulments of marriages; (e) divorces; (f) legitimations; (g) adoptions;
(h) acknowledgment of natural children; (i) naturalization; and (j) changes of name.
Section 2. Civil Registrar-General his duties and powers. The director of the National Library shall be Civil Registrar-
General and shall enforce the provisions of this Act. The Director of the National Library, in his capacity as Civil Registrar-
General, is hereby authorized to prepare and issue, with the approval of the Secretary of Justice, regulations for carrying
out the purposes of this Act, and to prepare and order printed the necessary forms for its proper compliance. In the
exercise of his functions as Civil Registrar-General, the Director of the National Library shall have the power to give orders
and instructions to the local Civil registrars with reference to the performance of their duties as such. It shall be the duty
of the Director of the National Library to report any violation of the provisions of this Act and all irregularities, negligence
or incompetency on the part of the officers designated as local civil registrars to the (Chief of the Executive Bureau or the
Director of the Non-Christian Tribes) Secretary of the Interior, as the case may be, who shall take the proper disciplinary
action against the offenders.
Section 3. Local Civil Registrars. Except in the City of Manila, where the duties of local civil registrar shall be performed
by the officer of the Philippine Health Service designated by the Director of said service, the Treasurers of the regular
municipalities, municipal districts and cities shall be local civil registrars of the respective municipalities, municipal districts
or cities and shall perform the duties imposed upon them by this Act without extra compensation, in addition to their
ordinary duties. In his capacity as local civil registrar, the officer designated by the Director of the Health Service as local
civil registrar of Manila and the treasurers above mentioned shall be under the direction and supervision of the Civil
Registrar-General.
Section 4. Civil Register Books. The local registrars shall keep and preserve in their offices the following books, in
which they shall, respectively make the proper entries concerning the civil status of persons:
1. Birth and death register;
2. Marriage register, in which shall be entered not only the marriages solemnized but also divorces and dissolved
marriages.
3. Legitimation, acknowledgment, adoption, change of name and naturalization register.
Section 5. Registration and Certification of Birth. The declaration of the physician or midwife in attendance at the birth
or, in default thereof, the declaration of either parent of the newborn child, shall be sufficient for the registration of a birth
in the civil register. Such declaration shall be exempt from the documentary stamp tax and shall be sent to the local civil
registrar not later than thirty days after the birth, by the physician, or midwife in attendance at the birth or by either parent
of the newly born child.
In such declaration, the persons above mentioned shall certify to the following facts: (a) date and hour of birth; (b) sex
and nationality of infant; (c) names, citizenship, and religion of parents or, in case the father is not known, of the mother
alone; (d) civil status of parents; (e) place where the infant was born; (f) and such other data may be required in the
regulation to be issued.
In the case of an exposed child, the person who found the same shall report to the local civil registrar the place, date and
hour of finding and other attendant circumstances.
In case of an illegitimate child, the birth certificate shall be signed and sworn to jointly by the parents of the infant or only
the mother if the father refuses. In the latter case, it shall not be permissible to state or reveal in the document the name
of the father who refuses to acknowledge the child, or to give therein any information by which such father could be
identified.
Any fetus having human features which dies after twenty four hours of existence completely disengaged from the maternal
womb shall be entered in the proper registers as having been born and having died.
Section 6. Death certificate and register. No human body shall be buried unless the proper death certificate has been
presented and recorded in the office of the local civil registrar. The physician who attended the deceased or, in his default
the health officer concerned, or in default of the latter, any member of the family of the deceased or any person having
knowledge of the death, shall report the same to the local health authorities, who shall issue a death certificate and shall
order the same to be recorded in the office of the local civil registrar. The death certificate, which shall be issued by the
attending physician of the deceased or, in his default, by the proper health officer, shall contain the following data be
furnished by the person reporting the death; (a) date and place of death; (b) full name, (c) age, (d) sex, (e) occupation or
profession, (f) residence; (g) status as regards marriage, (h) nationality of the deceased, and (i) probable cause of death.
During epidemics, bodies may be buried provided the proper death certificates have been secured, which shall be
registered not later than five days after the burial of the body.
Section 7. Registration of marriages. All civil officers and priests or ministers authorized to solemnize marriages shall
send a copy of each marriage contract solemnized by them to the local civil registrar within the time limit specified in the
existing Marriage Law.
In cases of divorce and annulment of marriage, it shall be the duty of the successful petitioner for divorce or annulment of
marriage to send a copy of the final decree of the court to that local civil registrar of the municipality where the dissolved
or annulled marriage was solemnized.
In the marriage register there shall be entered the full name and address of each of the contracting parties, their ages,
the place and date of the solemnization of the marriage, the names and addresses of the witnesses, the full name,
address, and relationship of the minor contracting party or parties or the person or persons who gave their consent to the
marriage, and the full name, title, and address of the person who solemnized the marriage.
In cases of divorce or annulment of marriages, there shall be recorded the names of the parties divorced or whose
marriage was annulled, the date of the decree of the court, and such other details as the regulations to be issued may
require.
Section 8. Registration of legitimations by subsequent marriage. The acknowledgment of the children legitimated
by subsequent marriage, referred to in article one hundred and twenty-one of the Civil Code, may be recorded in the
legitimation register, entering: (a) The names of the parents; (b) that at the time when the children were conceived, the
aforesaid parents could have contracted marriage, and that they actually contracted marriage, stating the date and place
when such marriage was solemnized, the minister who officiated, and the civil register where such marriage was recorded;
(c) the names of the children legitimated with reference to their birth certificates.
Section 9. Registration of acknowledgment by public instrument. Any voluntary acknowledgment by the natural
parents or by only one of them by public instrument, shall be recorded in the acknowledgment register of the civil registrar
of the municipality where the decree was issued. The names of the interested parties and such other data as may be
required by the regulations to be issued shall be entered in register.
It shall be the duty of the natural parents whose voluntary acknowledgment was may be means of a public instrument to
send a certified copy thereof to the local civil registrar of the municipality in the civil register whereof the birth of the
acknowledged child was recorded, not later than twenty days after the execution of such instrument, for the registration
thereof.
Section 10. Registrations of adoptions, changes of name, and naturalization. In cases of adoptions, changes of
name, and naturalization, it shall be the duty of the interested parties or petitioners to register the same in the local civil
registrar of the municipality where the birth of the acknowledged child was registered setting forth the following data: (a)
full name of the natural child acknowledged; (b) age; (c) date and place of birth; (d) status as to marriage, and residence
of the child acknowledged; (e) full name of the natural father or mother who makes the acknowledgment; (f) full name of
the notary public before whom the document was acknowledged; (g) full names of witnesses to document; (h) date and
place of acknowledgment of said document and entry and page number of the notarial register in which the name was
recorded.
Section 11. Duties of clerks of Court to register certain decisions. In cases of legitimation, acknowledgment,
adoption, naturalization and change of given or family name, or both, upon the decree which issued the decree to ascertain
whether the same has been registered, and if this has not been done, to have said decree recorded in the office of the
civil registrar of the municipality where the court is functioning.
Section 12. Duties of local civil registrar. Local civil registrars shall (a) file registrable certificates and documents
presented to them for entry; (b) complete the same monthly and prepare and send any information required of them by
the Civil Registrar-General; (c) issue certified transcripts or copies of any certificate or document registered upon payment
of proper fees; (d) order the binding, properly classified, of all certificates or documents registered during the year; (e)
send to the Civil Registrar-General, during the first ten days of each month, a copy of the entries made during the
preceding month for filing; (f) index the same to facilitate search and identification in case any information is required, and
(g) administer oaths, free of charge, for civil register purposes.
Section 13. Documents registered are public documents. The books making up the civil register and all documents
relating thereto shall be considered public documents and be prima facie evidence of the truth of the facts therein
contained. They shall be open to the public during office hours and shall be kept in a suitable safe which shall be furnished
to the local civil registrar at the expense of the general fund of the municipality concerned. The local registrar shall not
under any circumstances permit any document entrusted to his care to be removed from his office, except by order of a
court, in which case the proper receipt shall be taken. The local civil registrar may issue certified copies of any document
filed, upon payment of the proper fees required in this Act.
Section 14. Expenses and fees of the office of the civil registrar. All expenses in connection with the establishment
of local civil registers shall be paid out of municipal funds, and for this purpose, municipal councils and boards shall make
the necessary appropriation out of their available general funds:
For the registration of documents and for certified copies of documents on file in the local civil registrars office, fees shall
be charged in accordance with the following schedule:
For registration of legitimations P2.00
For registration of an adoption 2.00
For registration of an annulment of marriage 10.00
For registration of a divorce 10.00
For registration of naturalization 20.00
For registration of a change of name 2.00
For certified copies of any documents in the register, for each one hundred words 20.00
The Civil Registrar General or any local civil registrar may issue certified copies of documents free of charge for official
use or at the request of a competent court. All fees collected for such purposes shall accrue to the general fund of the
municipality concerned.
Section 15. Preservation of present register books. All birth, death and marriage registers and other papers relating
thereto at present in the keeping of the municipal secretaries or the clerk of the Municipal Court of Manila shall be
transferred by the same to the officers acting as local civil registrars in each city or municipality and shall form part of the
archives of the latter.
Section 16. False statement. Any person who shall knowingly make false statement in the forms furnished and shall
present the same for entry in the civil register, shall be punished by imprisonment for not less than one month nor more
than six months, or by a fine of not less than two hundred pesos nor more than five hundred or both, in the discretion of
the court.
Section 17. Failure to report. Other violations. Any person whose duty is to report any fact concerning the civil status
of persons and who knowingly fails to perform such duty, and any person convicted of having violated any of the provisions
of this Act shall be punished by a fine of not less than ten pesos nor more than two hundred.
Section 18. Neglect of duty with reference to the provisions of this Act. Any local registrar who fails properly to
perform his duties in accordance with the provisions of this Act and of the regulations issued hereunder, shall be punished
for the first offense, by an administrative fine in a sum equal to his salary for not less than fifteen days nor more than three
months, and for a second or repeated offense, by removal from the service.
Section 19. Application of this Act to the special provinces. The Director of the National Library, in his capacity as
Civil Registrar-General, is hereby authorized upon recommendation of the (Director of Bureau of Non-Christian Tribes)
Secretary of the Interior, to designate the municipalities in the specially organized provinces where the provisions of this
Act shall be applied.
Section 20. Transitory provisions. All rights, duties and powers established by Act Numbered thirty-six hundred and
thirteen, entitled the Marriage Law, with the reference to the procedure for the issuance of the marriage license prior to
the solemnization of marriage, the registration, of marriages, and the filing of the documents in connection therewith,
conferred and imposed by said Act upon the clerk of the Municipal Court of Manila and the municipal secretaries, are
hereby transferred to the officer of the Health Service in accordance with section three of this Act, and to the municipal
treasurers, respectively, in their capacity as local registrars.
All duties and powers established by subsections (d) and (e) of section twenty-one hundred and twelve of the
Administrative Code, imposed and conferred by said section upon the municipal secretaries, are hereby likewise
transferred to the municipal treasurers in their capacity as local civil registrars.
Section 21. All acts or parts of acts inconsistent herewith are hereby repealed.
Section 22. This Act shall take effect three months after its approval.
Approved, November 26, 1930.
Republic Act No. 3573 (Law of Reporting of Communicable Diseases)- also called the 2008 Revised List
of Notifiable Diseases, Syndromes, Health-Related Events andConditions requires all individuals and health facilities to
report notifiable diseases to local and nationalhealth authorities. Pursuant to Section 3 of Act 3573, the list of notifiable
diseases and syndromes in thePhilippines specified in Department Circular No. 176 s. 2001 dated July 27, 2001 is hereby
revised toinclude diseases and syndromes that have been selected because they are epidemic-prone diseases,
aretargeted for eradication or elimination, and subject to international health regulation.
Republic Act No. 9257 February 26, 2004
AN ACT GRANTING ADDITIONAL BENEFITS AND PRIVILEGES TO SENIOR CITIZENS AMENDING FOR THE
PURPOSE REPUBLIC ACT NO. 7432, OTHERWISE KNOWN AS "AN ACT TO MAXIMIZE THE CONTRIBUTION OF
SENIOR CITIZENS TO NATION BUILDING, GRANT BENEFITS AND SPECIAL PRIVILEGES AND FOR OTHER
PURPOSES"
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:
SECTION 1. This Act shall be known as the "Expanded Senior Citizens Act of 2003."
SECTION 2. Republic Act. No. 7432 is hereby amended to read as follows:
"SECTION 1. Declaration of Policies and Objectives. Pursuant to Article XV, Section 4 of the Constitution, it is
the duty of the family to take care of its elderly members while the State may design programs of social security
for them. In addition to this, Section 10 in the Declaration of Principles and State Policies provides: "The State
shall provide social justice in all phases of national development." Further, Article XIII, Section 11 provides: " The
State shall adopt an integrated and comprehensive approach to health and other social services available to all
the people at affordable cost. There shall be priority for the needs of the underpriviledged, sick, elderly, disabled,
women and children." Consonant with these constitution principles the following are the declared policies of this
Act:
(a) To motivate and encourage the senior citizens to contribute to nation building;
(b) To encourage their families and the communities they live with to reaffirm the valued Filipino tradition
of caring for the senior citizens;
(c) To give full support to the improvement of the total well-being of the elderly and their full participation
in society considering that senior citizens are integral part of Philippine society;
(d) To recognize the rights of senior citizens to take their proper place in society. This must be the concern
of the family, community, and government;
(e) To provide a comprehensive health care and rehabilitation system for disabled senior citizens to foster
their capacity to attain a more meaningful and productive ageing; and
(f) To recognize the important role of the private sector in the improvement of the welfare of senior citizens
and to actively seek their partnership.
In accordance with these policies, this Act aims to:
(1) establish mechanism whereby the contribution of the senior citizens are maximized;
(2) adopt measures whereby our senior citizens are assisted and appreciated by the community
as a whole;
(3) establish a program beneficial to the senior citizens, their families and the rest of the
community that they serve; and
(4) establish community-based health and rehabilitation programs in every political unit of
society."
"SEC. 2. Definition of Terms. For purposes of this Act, these terms are defined as follows:
(a) "Senior citizen" or "elderly" shall mean any resident citizen of the Philippines at least sixty (60) years
old;
(b) "Benefactor" shall mean any person whether related to the senior citizens or not who takes care of
him/her as a dependent;
(c) "Head of the family" shall mean any person so defined in the National Internal Revenue Code, as
amended; and
(d) "Geriatrics" shall refer to the branch of medical science devoted to the study of the biological and
physical changes and the diseases of old age."
"SEC. 3. Contribution to the Community. Any qualified senior citizen as determined by the Office for Senior
Citizens Affairs (OSCA) may render his/her services to the community which shall consist of, but not limited to,
any of the following:
(a) Tutorial and/or consultancy services;
(b) Actual teaching and demonstration of hobbies and income generating skills;
(c) Lectures on specialized fields like agriculture, health, environment protection and the like;
(d) The transfer of new skills acquired by virtue of their training mentioned in Section 4, paragraph (d);
and
(e) Undertaking other appropriate services as determined by the Office for Senior Citizens Affairs (OSCA)
such as school traffic guide, tourist aide, pre-school assistant, etc.
In consideration of the services rendered by the qualified elderly, the Office for Senior Citizens Affairs (OSCA)
may award or grant benefits or privileges to the elderly, in addition to the other privileges provided for under this
Act."
"SEC. 4. Privileges for the Senior Citizens. The senior citizens shall be entitled to the following:
(a) the grant of twenty percent (20%) discount from all establishments relative to the utilization of services
in hotels and similar lodging establishment, restaurants and recreation centers, and purchase of
medicines in all establishments for the exclusive use or enjoyment of senior citizens, including funeral
and burial services for the death of senior citizens;
(b) a minimum of twenty percent (20%) discount on admission fees charged by theaters, cinema houses
and concert halls, circuses, carnivals, and other similar places of culture, leisure and amusement for the
exclusive use or enjoyment of senior citizens;
(c. exemption from the payment of individual income taxes: Provided, That their annual taxable income
does not exceed the poverty level as determined by the National Economic and Development Authority
(NEDA) for that year;
(d) exemption from training fees for socioeconomic programs;
(e) free medical and dental service, diagnostic and laboratory fees such as, but not limited to, x-rays,
computerized tomography scans and blood tests, in all government facilities, subject to the guidelines to
be issued by the Department of Health in coordination with the Philippine Health Insurance Corporation
(PHILHEALTH);
(f) the grant of twenty percent (20%) discount on medical and dental services, and diagnostic and
laboratory fees provided under Section 4 (e) hereof, including professional fees of attending doctors in
all private hospitals and medical facilities, in accordance with the rules and regulations to be issued by
the Department of Health, in coordination with the Philippine Health Insurance Corporation;
(g) the grant of twenty percent (20%) discount in fare for domestic air and sea travel for the exclusive use
or enjoyment of senior citizens;
(h) the grant of twenty percent (20%) discount in public railways, skyways and bus fare for the exclusive
use and enjoyment of senior citizens;
(i) educational assistance to senior citizens to pursue post secondary, tertiary, post tertiary, as well as
vocational or technical education in both public and private schools through provision of scholarship,
grants, financial aid subsidies and other incentives to qualified senior citizens, including support for books,
learning materials, and uniform allowance, to the extent feasible: Provided, That senior citizens shall
meet minimum admission requirement;
(j) to the extent practicable and feasible, the continuance of the same benefits and privileges given by
the Government Service Insurance System (GSIS), Social Security System (SSS) and PAG-IBIG, as the
case may be, as are enjoyed by those in actual service.
(k) retirement benefits of retirees from both the government and private sector shall be regularly reviewed
to ensure their continuing responsiveness and sustainability, and to the extent practicable and feasible,
shall be upgraded to be at par with the current scale enjoyed by those in actual service.
(l) to the extent possible, the government may grant special discounts in special programs for senior
citizens on purchase of basic commodities, subject to the guidelines to be issued for the purpose by the
Department of Trade and Industry (DTI) and the Department of Agriculture (DA); and
(m) provision of express lanes for senior citizens in all commercial and government establishments; in
the absence thereof, priority shall be given to them.
In the availment of the privileges mentioned above, the senior citizen or elderly person may submit as proof of
his/her entitlement thereto any of the following:
(a) an ID issued by the city or municipal mayor or of the barangay captain of the place where the senior
citizen or the elderly resides;
(b) the passport of the elderly person or senior citizen concerned; and
(c) other documents that establish that the senior citizen or elderly person is a citizen of the Republic and
is at least sixty (60) years of age.
The establishment may claim the discounts granted under (a), (f), (g) and (h) as tax deduction based on the net
cost of the goods sold or services rendered: Provided That the cost of the discount shall be allowed as deduction
from gross income for the same taxable year that the discount is granted. Provided, further, That the total amount
of the claimed tax deduction net of value added tax if applicable, shall be included in their gross sales receipts for
tax purposes and shall be subject to proper documentation and to the provisions of the National Internal Revenue
Code, as amended."
"SEC. 5. Government Assistance. The Government shall provided the following:
(a) Employment
Senior citizens who have the capacity and desire to work, or be re-employed, shall be provided
information and matching services to enable them to be productive members of society. Terms of
employments shall conform with the provisions of the labor code, as amended, and other laws, rules and
regulations.
Private entities that will employ senior citizens as employees upon effectivity of this Act, shall be entitled
to an additional deduction from their gross income, equivalent to fifteen percent (15%) of the total amount
paid as salaries and wages to senior citizens subject to the provision of Section 34 of the National Internal
Revenue Code, as
amended: Provided, however, That such employment shall continue for a period of at least six (6) months:
Provider, further, that the annual income of a senior citizen does not exceed he poverty level as
determined by the National Economic and Development Authority (NEDA) for that year.
The Department of Labor and Employment (DOLE), in coordination with other government agencies such
as, but not limited to, the Technology and Livelihood Resource Center (TLRC) and the Department and
Trade and Industry (DTI), shall assess, design and implement training programs that will provide skills
and welfare or livelihood support for senior citizens.
(b) Education
The Department of Education (DepEd), Technical Education and Skill Development Authority (TESDA)
and the Commission and Higher Education (CHED), in consultation of non-government organizations
(NGOs) and people's organizations (Pos) for senior citizen, shall institute a program that will ensure
access to formal and non-formal education.
(c ) Health
The Department of Health (DOH), in coordination with local government units (LGUs), non-government
organizations (NGOs) and people's organizations (Pos) for senior citizens, shall institute a national health
program and shall provide an integrated health service for senior citizens. It shall train community-based
health workers among senior citizens and health personnel to specialize in the geriatric care health
problems of senior citizens.
(d) Social Services
The Department of Social Welfare and Development (DSWD), in cooperation with the Office for Senior
Citizen affairs (OSCA) and the local government units, non-government organizations and peoples
organizations for senior citizens, shall develop and implement programs on social services for senior
citizens, the components of which are:
(1) "self and social enhancement services" which provide senior citizens opportunities for
socializing, organizing, creative expression, and improvement of self;
(2)" after care and follow-up services" which provide senior citizen who are discharged from the
home/institutions for the aged, especially those who have problems of reintegration with family
and community, wherein both the senior citizens and their families are provided with counseling;
(3)"neighborhood support services: wherein the community/family members provide care giving
services to their frail, sick, or bedridden senior citizens; and
(4) "substitute family care" in the form of residential care/group homes for
the abandoned, neglected, unattached or homeless senior citizens and those incapable of self-
care.
The grant of at least fifty percent (50%) discount for the consumption of electricity, water and
telephone by the senior citizens center and residential care/group homes that are non-stock,
non-profit domestic corporation organized and operated exclusively for the purpose of promoting
of well-being of abandoned, neglected, unattached, or homeless senior citizens.
(e) Housing
The national government shall include in its national shelter program the special housing needs of senior
citizens, such as establishment of housing units for the elderly;
(f) Access to Public Transport
The Department of Transportation and Communication (DOTC) shall develop a program to assist senior
citizens to fully gain access in the use of public transport facilities.
Further, the government shall provide the following assistance to those caring for and living with the
senior citizens:
(a)The senior citizen shall be treated as dependents provided for in the National Inter Revenue Code, as
amended, and as such, individual taxpayers caring for them, be they relatives or not shall be accorded
the privileges granted by the Code insofar as having dependents are concerned.
(b)Individuals or non-government institutions establishing homes, residential communities or retirement

villages solely for the senior citizens shall be accorded the following:
(1) realty tax holiday for the first five (5) years starting from the first year of operation;
(2) priority in the building and/or maintenance of the provincial or municipal roads leading to the
aforesaid home, residential community or retirement village."
"SEC. 6. The Office for Senior Citizens Affairs (OSCA). There shall be established in all cities and municipalities
an OSCA to be headed by a senior citizen who shall be appointed by the mayor for
a term of three (3) years without reappointment from a list of three (3) nominees of the sangguniang panlungsod
or the sangguniang bayan. The head of the OSCA shall be assisted by the City Social Welfare and Development
Officer or the municipal social welfare and development officer, in coordination with the Social Welfare and
Development Office.
The Office of the Mayor shall exercise supervision over the OSCA relative to their plans, activities and programs
for senior citizens. The OSCA shall work together and establish linkages with accredited NGOs, Pos, and the
barangays in their respective areas.
The office for senior citizens affairs shall have the following functions:
(a) To plan, implement and monitor yearly work programs in pursuance of the objectives of this Act;
(b) To draw up a list of available and required services which can provided by the senior citizens;
(c) To maintain and regularly update on a quarterly basis the list of senior citizens and to issue nationally
uniform individual identification cards, free of charge, which be valid anywhere in the country;
(d) To service as a general information and liaison center to serve the needs of the senior citizens;
(e) To monitor compliance of the provisions of this Act particularly the grant of special discounts and
privileges to senior citizens;
(f) To report to the mayor, establishment found violating any provision of this Act; and
(g) To assist the senior citizens in filing complaints or charges against any establishment, institution, or
agency refusing to comply with the privileges under this Act before the Department of Justice or the
provincial, city or municipal trial court."
"SEC. 7. Municipal/ City Responsibility. It shall be the responsibility of the municipal/city through the mayor to
require all establishment covered by this Act to prominently display posters, stickers, and other notices that will
generate public awareness of the right and privileges of senior citizens and to ensure that the provisions of this
Act are implemented to its fullest."
"SEC. 8. Partnership of the National and Local Government Units. The national government and local
government units shall explore livelihood opportunities and other undertaking to enhance the well-being of senior
citizens. The shall encourage the establishment of grassroots organizations for the elderly in their respective
territorial jurisdictions."
"SEC. 9 Support for Non-Governmental Organizations (NGOs). Non-governmental organizations or private

volunteer organizations dedicated to the promotions, enhancement and support of the welfare of senior citizens
are hereby encouraged to become partners of government in the implementation of program and projects for the
elderly.
According, the government shall recognize the vital role of NGOs in complementing the government in the delivery
of services to senior citizens. It shall likewise encourage NGOs for the senior citizens to develop innovative service
models and pilots projects and to assist in the duplication of successful examples of these models elsewhere in
the country.
"SEC. 10. Penalties. Any person who violates any provision of this Act shall suffer the following penalties:
(1) For the first violation, a fine of not less than Fifty thousand pesos (P50,000.00) but not exceeding One
hundred thousand pesos (P100,000.00) and imprisonment of not less than six (6) months but not more
than two (2) years; and
(2) For any subsequent violation, a fine of not less than One hundred thousand pesos (P100,000.00) but
exceeding Two hundred thousand pesos (P200,000.00) and imprisonment for not less than two (2) years
but not less than six (6) years.
Any person who abuses the privileges granted herein shall be punished with a fine of not less than Five thousand
pesos (P5,000.00) but not more than Fifty thousand pesos (P50,000.00), and imprisonment of not less than six
(6) months.
If the offender is a corporation, organization or any similar entity, the official thereof directly involved shall be liable
therefore.
If the offender is an alien or a foreigner, he shall be deported immediately after service of sentence without further
deportation proceedings.
Upon filling an appropriate complaint, and after due notice and hearing, the proper authorities may also cause the
cancellation or revocation of the business permit, permit to operate, franchise and other similar privileges granted
to any business entity that fails to abide by the provisions of this Act."
"SEC. 11. Monitoring and Coordinating Mechanism. A monitoring and coordinating mechanism shall be
established to be chaired by the DSWD, with the assistance of the Department of Justice (DOJ), Department of
Health (DOH), Department of the Interior and Local Government (DILG), and five (5) accredited NGOs
representing but not limited to, women, urban poor, rural poor, and the veterans."
"SEC. 12. Implementing Rules and Regulations. The Secretary of Social Welfare and Development, within sixty
(60) days from the approval of this Act, shall promulgate the implementing, rules and regulations for the effective
implementation of the provisions of this Act. In consultation and coordination with the following agencies and
offices:
(a) Department of Health;
(b) Department of Labor and Employment;
(c) Department of Education;
(d) Depart of Transportation and Communications;
(e) Department of Justice;
(f) Department of Interior and Local Government;
(g) Department of Trade and Industry;
(h) Department of Finance;
(i) Commission of Higher Education;

(j) Technical Education and Skills Development Authority;
(k) National Economic and Development Authority;
(l) Housing and Urban Development Coordinating Council; and
(m) Five (5) non-governmental organizations of people's organizations for the senior citizens duly
accredited by the DSWD."
SEC. 13. Appropriation. The necessary appropriation for the operation and maintenance of the OSCA shall be
appropriated and approved by the local government units concerned. The amount necessary to carry out the
provisions of this Act upon its effectivity shall be charged out of the funds of the Office of the President. Thereafter,
any such sum as shall be needed for the regular implementation of this Act shall be included in subsequent
General Appropriations Act following its enactment into law."
SECTION 3. All laws, presidential decrees, executive orders and rules and regulations or part thereof, contrary to, or
inconsistent with the provisions of this Act, are hereby repealed or modified accordingly.
SECTION 4. Should any provision of this Act be found unconstitutional by a court of law, such provision shall be severed
from the remainder of this Act, and such action shall not affect the enforceability of the remaining provisions of this Act.
SECTION 5. This Act shall take effect fifteen (15) days after its complete publication in any two (2) national newspapers
of general circulation.
Republic Act No. 7170 January 7, 1992
AN ACT AUTHORIZING THE LEGACY OR DONATION OF ALL OR PART OF A HUMAN BODY AFTER DEATH FOR
SPECIFIED PURPOSES
Section 1. Title. This Act shall be known as the "Organ Donation Act of 1991".
Section 2. Definition of Terms. As used in this Act the following terms shall mean:
(a) "Organ Bank Storage Facility" - a facility licensed, accredited or approved under the law for storage of human
bodies or parts thereof.
(b) "Decedent" - a deceased individual, and includes a still-born infant or fetus.
(c) "Testator" - an individual who makes a legacy of all or part of his body.
(d) "Donor" - an individual authorized under this Act to donate all or part of the body of a decedent.1awphilalf
(e) "Hospital" - a hospital licensed, accredited or approval under the law, and includes, a hospital operated by the
Government.
(f) "Part" - includes transplantable organs, tissues, eyes, bones, arteries, blood, other fluids and other portions of
the human body.
(g) "Person" - an individual, corporation, estate, trust, partnership, association, the Government or any of its
subdivisions, agencies or instrumentalities, including government-owned or -controlled corporations; or any other
legal entity.
(h) "Physician" or "Surgeon" - a physician or surgeon licensed or authorized to practice medicine under the laws
of the Republic of the Philippines.
(i) "Immediate Family" of the decedent - the persons enumerated in Section 4(a) of this Act.
(j) "Death" - the irreversible cessation of circulatory and respiratory functions or the irreversible cessation of all
functions of the entire brain, including the brain stem. A person shall be medically and legally dead if
either:1awphilalf
(1) In the opinion of the attending physician, based on the acceptable standards of medical practice, there
is an absence of natural respiratory and cardiac functions and, attempts at resuscitation would not be
successful in restoring those functions. In this case, death shall be deemed to have occurred at the time
these functions ceased; or
(2) In the opinion of the consulting physician, concurred in by the attending physician, that on the basis
of acceptable standards of medical practice, there is an irreversible cessation of all brain functions; and
considering the absence of such functions, further attempts at resuscitation or continued supportive
maintenance would not be successful in resorting such natural functions. In this case, death shall be
deemed to have occurred at the time when these conditions first appeared.
The death of the person shall be determined in accordance with the acceptable standards of medical practice and shall
be diagnosed separately by the attending physician and another consulting physician, both of whom must be appropriately
qualified and suitably experienced in the care of such parties. The death shall be recorded in the patient's medical record.
Section 3. Person Who May Execute A Legacy. Any individual, at least eighteen (18) years of age and of sound mind,
may give by way of legacy, to take effect after his death, all or part of his body for any purpose specified in Section 6
hereof.
Section 4. Person Who May Execute a Donation.
(a) Any of the following, person, in the order of property stated hereunder, in the absence of actual notice of
contrary intentions by the decedent or actual notice of opposition by a member of the immediate family of the
decedent, may donate all or any part of the decedent's body for any purpose specified in Section 6 hereof:
(1) Spouse;
(2) Son or daughter of legal age;
(3) Either parent;
(4) Brother or sister of legal age; or
(5) Guardian over the person of the decedent at the time of his death.
(b) The persons authorized by sub-section (a) of this Section may make the donation after or immediately before
death.
Section 5. Examination of Human Body or Part Thereof . A legacy of donation of all or part of a human body
authorizes any examination necessary to assure medical acceptability of the legacy or donation for the purpose(s)
intended.
For purposes of this Act, an autopsy shall be conducted on the cadaver of accident, trauma, or other medico-legal cases
immediately after the pronouncement of death, to determine qualified and healthy human organs for transplantation and/or
in furtherance of medical science.
Section 6. Persons Who May Become Legatees or Donees. The following persons may become legatees or donees
of human bodies or parts thereof for any of the purposes stated hereunder:
(a) Any hospital, physician or surgeon - For medical or dental education, research, advancement of medical or
dental science, therapy or transplantation;
(b) Any accredited medical or dental school, college or university - For education, research, advancement of
medical or dental science, or therapy;
(c) Any organ bank storage facility - For medical or dental education, research, therapy, or transplantation; and
(d) Any specified individual - For therapy or transplantation needed by him.
Section 7. Duty of Hospitals. A hospital authorized to receive organ donations or to conduct transplantation shall train
qualified personnel and their staff to handle the task of introducing the organ donation program in a humane and delicate
manner to the relatives of the donor-decedent enumerated in Section 4 hereof. The hospital shall accomplish the
necessary form or document as proof of compliance with the above requirement.
Section 8. Manner of Executing a Legacy.
(a) Legacy of all or part of the human body under Section 3 hereof may be made by will. The legacy becomes
effective upon the death of the testator without waiting for probate of the will. If the will is not probated, or if it is
declared invalid for testamentary purposes, the legacy, to the extent that it was executed in good faith, is
nevertheless valid and effective.
(b) A legacy of all or part of the human body under Section 3 hereof may also be made in any document other
than a will. The legacy becomes effective upon death of the testator and shall be respected by and binding upon
his executor or administrator, heirs, assigns, successors-in-interest and all members of the family. The document,
which may be a card or any paper designed to be carried on a person, must be signed by the testator in the
presence of two witnesses who must sign the document in his presence. If the testator cannot sign, the document
may be signed for him at his discretion and in his presence, in the presence of two witnesses who must, likewise,
sign the document in the presence of the testator. Delivery of the document of legacy during the testator's lifetime
is not necessary to make the legacy valid.
(c) The legacy may be made to a specified legatee or without specifying a legatee. If the legacy is made to a
specified legatee who is not available at the time and place of the testator's death, the attending physician or
surgeon, in the absence of any expressed indication that the testator desired otherwise, may accept the legacy
as legatee. If the legacy does not specify a legatee, the legacy may be accepted by the attending physician or
surgeon as legatee upon or following the testator's death. The physician who becomes a legatee under this
subsection shall not participate in the procedures for removing or transplanting a part or parts of the body of the
decedent.
(d) The testator may designate in his will, card or other document, the surgeon or physician who will carry out the
appropriate procedures. In the absence of a designation, or if the designee is not available, the legatee or other
persons authorized to accept the legacy may authorize any surgeon or physician for the purpose.
Section 9. Manner of Executing a Donation. Any donation by a person authorized under subsection (a) of Section 4
hereof shall be sufficient if it complies with the formalities of a donation of a movable property.
In the absence of any of the persons specified under Section 4 hereof and in the absence of any document of organ
donation, the physician in charge of the patient, the head of the hospital or a designated officer of the hospital who has
custody of the body of the deceased classified as accident, trauma, or other medico-legal cases, may authorize in a public
document the removal from such body for the purpose of transplantation of the organ to the body of a living person:
Provided, That the physician, head of hospital or officer designated by the hospital for this purpose has exerted reasonable
efforts, within forty-eight (48) hours, to locate the nearest relative listed in Section 4 hereof or guardian of the decedent at
the time of death.
In all donations, the death of a person from whose body an organ will be removed after his death for the purpose of
transplantation to a living person, shall be diagnosed separately and certified by two (2) qualified physicians neither of
whom should be:
(a) A member of the team of medical practitioners who will effect the removal of the organ from the body; nor
(b) The physician attending to the receipt of the organ to be removed; nor
(c) The head of hospital or the designated officer authorizing the removal of the organ.
Section 10. Person(s) Authorized to Remove Transplantable Organs. Only authorized medical practitioners in a
hospital shall remove and/or transplant any organ which is authorized to be removed and/or transplanted pursuant to
Section 5 hereof.
Section 11. Delivery of Document of Legacy or Donation. If the legacy or donation is made to a specified legatee or
donee, the will, card or other document, or an executed copy thereof, may be delivered by the testator or donor, or is
authorized representative, to the legatee or donee to expedite the appropriate procedures immediately after death. The
will, card or other document, or an executed copy thereof, may be deposited in any hospital or organ bank storage facility
that accepts it for safekeeping or for facilitation or procedures after death. On the request of any interested party upon or
after the testator's death, the person in possession shall produce the document of legacy or donation for verification.
Section 12. Amendment or Revocation of Legacy or Donation.
a) If he will, card or other document, or an executed copy thereof, has been delivered to a specific legatee or
donee, the testator or donor may amend or revoke the legacy or donation either by:
(1) The execution and delivery to the legatee or donee of a signed statement to that effect; or
(2) An oral statement to that effect made in the presence of two other persons and communicated to the
legatee or donee; or
(3) A statement to that effect during a terminal illness or injury addressed to an attending physician and
communicated to the legatee or donee; or
(4) A signed card or document to that effect found on the person or effects of the testator or donor.
(b) Any will, card or other document, or an executed copy thereof, which has not been delivered to the legatee or
donee may be revoked by the testator or donor in the manner provided in subsection (a) of this Section or by
destruction, cancellation or mutilation of the document and all executed copies thereof.
Any legacy made by a will may also be amended or revoked in the manner provided for amendment or revocation
of wills, or as provided in subsection (a) of this Section.
Section 13. Rights and Duties After Death.
(a) The legatee or donee may accept or reject the legacy or donation as the case may be. If the legacy of donation
is of a part of the body, the legatee or donee, upon the death of the testator and prior to embalming, shall effect
the removal of the part, avoiding unnecessary mutilation. After removal of the part, custody of the remainder of
the body vests in the surviving spouse, next of kin or other persons under obligation to dispose of the body of the
decedent.
(b) Any person who acts in good faith in accordance with the terms of this Act shall not be liable for damages in
any civil action or subject to prosecution in any criminal proceeding of this Act.
Section 14. International Sharing of Human Organs or Tissues. Sharing of human organs or tissues shall be made
only through exchange programs duly approved by the Department of Health: Provided, That foreign organ or tissue bank
storage facilities and similar establishments grant reciprocal rights to their Philippine counterparts to draw organs or
tissues at any time.
Section 15. Information Drive. In order that the public will obtain the maximum benefits from this Act, the Department
of Health, in cooperation with institutions, such as the National Kidney Institute, civic and non-government health
organizations and other health related agencies, involved in the donation and transplantation of human organs, shall
undertake a public information program.
The Secretary of Health shall endeavor to persuade all health professionals, both government and private, to make an
appeal for human organ donation.
Section 16. Rules and Regulations. The Secretary of Health, after consultation with all health professionals, both
government and private, and non-government health organizations shall promulgate such rules and regulations as may
be necessary or proper to implement this Act.
Section 17. Repealing Clause. All laws, decrees, ordinances, rules and regulations, executive or administrative orders,
and other presidential issuance inconsistent with this Act, are hereby repealed, amended or modified accordingly.
Section 18. Separability Clause. The provisions of this Act are hereby deemed separable. If any provision hereof
should be declared invalid or unconstitutional, the remaining provisions shall remain in full force and effect.
Section 19. Effectivity. This Act shall take effect after fifteen (15) days following its publication in the Official Gazette
or at least two (2) newspapers of general circulation.
Approved: January 7, 1992
[REPUBLIC ACT NO. 7885]
AN ACT TO ADVANCE CORNEAL TRANSPLANTATION IN THE PHILIPPINES, AMENDING FOR THE PURPOSE
REPUBLIC ACT NUMBERED SEVEN THOUSAND ONE HUNDRED AND SEVENTY (R. A. NO. 7170), OTHERWISE
KNOWN AS THE ORGAN DONATION ACT OF 1991
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:
SECTION 1. Section 9 of Republic Act No. 7170 is hereby amended to read as follows:
SEC. 9. Manner of Executing a Donation. Any donation by a person authorizing under subsection (a) of Section 4
hereof shall be sufficient if it complies with the formalities of a donation of a movable property.
In the absence of any persons specified under Section 4 hereof and in the absence of any document of organ donation,
the physician in charge of the patient, the head of the hospital or a designated officer of the hospital who has custody of
the body of the deceased classified as accident, trauma, or other medico-legal cases, may authorize in a public document
the removal from such body for the purpose of transplantation of the organ to the body of a living person: Provided, That
the physician, head of the hospital or officer designated by the hospital for this purpose has exerted reasonable efforts,
within forty-eight (48) hours, to locate the nearest relative listed in Section 4 hereof or guardian of the decedent at the time
of death: Provided, however, That the said physician, head or designated officer of the hospital, or the medico-legal officer
of any government agency which has custody of such body may authorize the removal of the cornea or corneas of the
decedent within twelve (12) hours after death and upon the request of qualified legatees or donees for the sole purpose
of transplantation: Provided, That such removal of the cornea or corneas will not interfere with any subsequent
investigation or alter the post-mortem facial appearance of the decedent by such means as placing eye caps after the
said cornea or corneas have been removed.
In all donations, the death of a person from whose body and organ will be removed after his death for the purpose of
transplantation to a living person, shall be diagnosed separately and certified by two (2) qualified physicians neither of
whom shall be:
(a) A member of the team of medical practitioners who will effect the removal of the organ from the body, nor
(b) The physician attending to recipient of the organ to be removed; nor
(c) The head of hospital or the designated officer authorizing the removal of the organ.
SEC. 2. Section 10 of Republic Act No. 7170 is also amended to read as follows:
SEC. 10. Person(s) Authorized to Remove and Transplant Organs and Tissues. Only authorized medical practitioners
in a hospital shall remove and/or transplant any organ which is authorized to be removed and/or transplanted pursuant to
Section 5 hereof: Provided, however, that the removal of corneal tissues shall be performed only by ophthalmic surgeons
and ophthalmic technicians trained in the methodology of such procedure and duly certified by the accredited National
Association of Ophthalmologists.
SEC. 3. The implementing rules and regulations of Republic Act No. 7170 shall be amended accordingly by the Secretary
of Health, in consultation with professional health groups and non-government health organizations, to make it consistent
with the provisions of this Act.
SEC. 4. The provisions of this Act are hereby declared separable, and in the event any such provisions is declared
unconstitutional, the other provisions not affected thereby shall remain in force and effect.
SEC. 5. All other laws, decrees, executive orders, administrative orders, rules and regulations or parts thereof which are
inconsistent with the provisions of this Act are hereby repealed, amended or modified accordingly.
SEC. 6. This Act shall take effect upon its approval.
Approved,
G.R. No. 175540 April 7, 2014
DR. FILOTEO A. ALANO, Petitioner,

vs.
ZENAIDA MAGUD-LOGMAO, Respondent.
DECISION
PERALTA, J.:
This deals with the Petition for Review on Certiorari under Rule 45 of the Rules of Court praying that the Decision 1of the
Court of Appeals (CA), dated March 31, 2006, adjudging petitioner liable for damages, and the Resolution 2dated
November 22, 2006, denying petitioner's motion for reconsideration thereof, be reversed and set aside.
The CA's narration of facts is accurate, to wit:
Plaintiff-appellee Zenaida Magud-Logmao is the mother of deceased Arnelito Logmao. Defendant-appellant Dr. Filoteo
Alano is the Executive Director of the National Kidney Institute (NKI).
At around 9:50 in the evening of March 1, 1988, Arnelito Logmao, then eighteen (18) years old, was brought to the East
Avenue Medical Center (EAMC) in Quezon City by two sidewalk vendors, who allegedly saw the former fall from the
overpass near the Farmers Market in Cubao, Quezon City. The patients data sheet identified the patient as Angelito
Lugmoso of Boni Avenue, Mandaluyong. However, the clinical abstract prepared by Dr. Paterno F. Cabrera, the surgical
resident on-duty at the Emergency Room of EAMC, stated that the patient is Angelito [Logmao].
Dr. Cabrera reported that [Logmao] was drowsy with alcoholic breath, was conscious and coherent; that the skull x-ray
showed no fracture; that at around 4:00 oclock in the morning of March 2, 1988, [Logmao] developed generalized seizures
and was managed by the neuro-surgery resident on-duty; that the condition of [Logmao] progressively deteriorated and
he was intubated and ambu-bagging support was provided; that admission to the Intensive Care Unit (ICU) and
mechanical ventilator support became necessary, but there was no vacancy at the ICU and all the ventilator units were
being used by other patients; that a resident physician of NKI, who was rotating at EAMC, suggested that [Logmao] be
transferred to NKI; and that after arrangements were made, [Logmao] was transferred to NKI at 10:10 in the morning.
At the NKI, the name Angelito [Logmao] was recorded as Angelito Lugmoso. Lugmoso was immediately attended to and
given the necessary medical treatment. As Lugmoso had no relatives around, Jennifer B. Misa, Transplant Coordinator,
was asked to locate his family by enlisting police and media assistance. Dr. Enrique T. Ona, Chairman of the Department
of Surgery, observed that the severity of the brain injury of Lugmoso manifested symptoms of brain death. He requested
the Laboratory Section to conduct a tissue typing and tissue cross-matching examination, so that should Lugmoso expire
despite the necessary medical care and management and he would be found to be a suitable organ donor and his family
would consent to organ donation, the organs thus donated could be detached and transplanted promptly to any compatible
beneficiary.
Jennifer Misa verified on the same day, March 2, 1988, from EAMC the identity of Lugmoso and, upon her request, she
was furnished by EAMC a copy of the patients date sheet which bears the name Angelito Lugmoso, with address at Boni
Avenue, Mandaluyong. She then contacted several radio and television stations to request for air time for the purpose of
locating the family of Angelito Lugmoso of Boni Avenue, Mandaluyong, who was confined at NKI for severe head injury
after allegedly falling from the Cubao overpass, as well as Police Station No. 5, Eastern Police District, whose area of
jurisdiction includes Boni Avenue, Mandaluyong, for assistance in locating the relatives of Angelito Lugmoso. Certifications
were issued by Channel 4, ABS-CBN and GMA attesting that the request made by the NKI on March 2, 1988 to air its
appeal to locate the family and relatives of Angelito Lugmoso of Boni Avenue, Mandaluyong was accommodated. A
Certification was likewise issued by Police Station No. 5, Eastern Police District, Mandaluyong attesting to the fact that on
March 2, 1988, at about 6:00 p.m., Jennifer Misa requested for assistance to immediately locate the family and relatives
of Angelito Lugmoso and that she followed up her request until March 9, 1988.
On March 3, 1988, at about 7:00 oclock in the morning, Dr. Ona was informed that Lugmoso had been pronounced brain
dead by Dr. Abdias V. Aquino, a neurologist, and by Dr. Antonio Rafael, a neurosurgeon and attending physician of
Lugmoso, and that a repeat electroencephalogram (EEG) was in progress to confirm the diagnosis of brain death. Two
hours later, Dr. Ona was informed that the EEG recording exhibited a flat tracing, thereby confirming that Lugmoso was
brain dead. Upon learning that Lugmoso was a suitable organ donor and that some NKI patients awaiting organ donation
had blood and tissue types compatible with Lugmoso, Dr. Ona inquired from Jennifer Misa whether the relatives of
Lugmoso had been located so that the necessary consent for organ donation could be obtained. As the extensive search
for the relatives of Lugmoso yielded no positive result and time being of the essence in the success of organ
transplantation, Dr. Ona requested Dr. Filoteo A. Alano, Executive Director of NKI, to authorize the removal of specific
organs from the body of Lugmoso for transplantation purposes. Dr. Ona likewise instructed Dr. Rose Marie Rosete-Liquete
to secure permission for the planned organ retrieval and transplantation from the Medico-Legal Office of the National
Bureau of Investigation (NBI), on the assumption that the incident which lead to the brain injury and death of Lugmoso
was a medico legal case.
On March 3, 1988, Dr. Alano issued to Dr. Ona a Memorandum, which reads as follows:
This is in connection with the use of the human organs or any portion or portions of the human body of the deceased
patient, identified as a certain Mr. Angelito Lugmoso who was brought to the National Kidney Institute on March 2, 1988
from the East Avenue Medical Center.
As shown by the medical records, the said patient died on March 3, 1988 at 9:10 in the morning due to craniocerebral
injury. Please make certain that your Department has exerted all reasonable efforts to locate the relatives or next of kin
of the said deceased patient such as appeal through the radios and television as well as through police and other
government agencies and that the NBI [Medico-Legal] Section has been notified and is aware of the case.
If all the above has been complied with, in accordance with the provisions of Republic Act No. 349 as amended and P.D.
856, permission and/or authority is hereby given to the Department of Surgery to retrieve and remove the kidneys,
pancreas, liver and heart of the said deceased patient and to transplant the said organs to any compatible patient who
maybe in need of said organs to live and survive.
A Certification dated March 10, 1988 was issued by Dr. Maximo Reyes, Medico-Legal Officer of the NBI, stating that he
received a telephone call from Dr. Liquete on March 3, 1988 at 9:15 a.m. regarding the case of Lugmoso, who was
declared brain dead; that despite efforts to locate the latters relatives, no one responded; that Dr. Liquete sought from
him a second opinion for organ retrieval for donation purposes even in the absence of consent from the family of the
deceased; and that he verbally agreed to organ retrieval.
At 3:45 in the afternoon of March 3, 1988, a medical team, composed of Dr. Enrique Ona, as principal surgeon, Drs.
Manuel Chua-Chiaco, Jr., Rose Marie Rosete-Liquete, Aurea Ambrosio, Ludivino de Guzman, Mary Litonjua, Jaime
Velasquez, Ricardo Fernando, and Myrna Mendoza, removed the heart, kidneys, pancreas, liver and spleen of Lugmoso.
The medical team then transplanted a kidney and the pancreas of Lugmoso to Lee Tan Hoc and the other kidney of
Lugmoso to Alexis Ambustan. The transplant operation was completed at around 11:00 oclock in the evening of March
3, 1988.
On March 4, 1988, Dr. Antonio R. Paraiso, Head of the Cadaver Organ Retrieval Effort (CORE) program of NKI, made
arrangements with La Funeraria Oro for the embalmment of the cadaver of Lugmoso good for a period of fifteen (15) days
to afford NKI more time to continue searching for the relatives of the latter. On the same day, Roberto Ortega, Funeral
Consultant of La Funeraria Oro, sent a request for autopsy to the NBI. The Autopsy Report and Certification of Post-
Mortem Examination issued by the NBI stated that the cause of death of Lugmoso was intracranial hemorrhage secondary
to skull fracture.
On March 11, 1988, the NKI issued a press release announcing its successful double organ transplantation. Aida Doromal,
a cousin of plaintiff, heard the news aired on television that the donor was an eighteen (18) year old boy whose remains
were at La Funeraria Oro in Quezon City. As the name of the donor sounded like Arnelito Logmao, Aida informed plaintiff
of the news report.
It appears that on March 3, 1988, Arlen Logmao, a brother of Arnelito, who was then a resident of 17-C San Pedro Street,
Mandaluyong, reported to Police Station No. 5, Eastern Police District, Mandaluyong that the latter did not return home
after seeing a movie in Cubao, Quezon City, as evidenced by a Certification issued by said Station; and that the relatives
of Arnelito were likewise informed that the latter was missing. Upon receiving the news from Aida, plaintiff and her other
children went to La Funeraria Oro, where they saw Arnelito inside a cheap casket.
On April 29, 1988, plaintiff filed with the court a quo a complaint for damages against Dr. Emmanuel Lenon, Taurean
Protectors Agency, represented by its Proprietor, Celso Santiago, National Kidney Institute, represented by its Director,
Dr. Filoteo A. Alano, Jennifer Misa, Dr. Maximo Reyes, Dr. Enrique T. Ona, Dr. Manuel Chua-Chiaco, Jr., Dr. Rose Marie
O. Rosete-Liquete, Dr. Aurea Z. Ambrosio, Dr. Ludivino de Guzman, Dr. Mary Litonjua, Dr. Jaime Velasquez, Dr. Ricardo
Fernando, Dr. Myrna Mendoza, Lee Tan Koc, Alexis Ambustan, Dr. Antonio R. Paraiso, La Funeraria Oro, Inc.,
represented by its President, German E. Ortega, Roberto Ortega alias Bobby Ortega, Dr. Mariano B. Cueva, Jr., John
Doe, Peter Doe, and Alex Doe in connection with the death of her son Arnelito. Plaintiff alleged that defendants conspired
to remove the organs of Arnelito while the latter was still alive and that they concealed his true identity.
On January 17, 2000, the court a quo rendered judgment finding only Dr. Filoteo Alano liable for damages to plaintiff and
dismissing the complaint against the other defendants for lack of legal basis.3
After finding petitioner liable for a quasi-delict, the Regional Trial Court of Quezon City (RTC) ordered petitioner to pay
respondent 188,740.90 as actual damages; 500,000.00 as moral damages; 500,000.00 as exemplary damages;
300,000.00 as attorney's fees; and costs of suit. Petitioner appealed to the CA.
On March 31, 2006, the CA issued its Decision, the dispositive portion of which reads as follows:
WHEREFORE, the Decision appealed from is AFFIRMED, with MODIFICATION by DELETING the award of 188,740.90
as actual damages and REDUCING the award of moral damages to 250,000.00, the award of exemplary damages to
200,000.00 and the award of attorney's fees to 100,000.00.
SO ORDERED.4
Petitioner then elevated the matter to this Court via a petition for review on certiorari, where the following issues are
presented for resolution:
A. WHETHER THE COURT OF APPEALS DISREGARDED EXISTING JURISPRUDENCE PRONOUNCED BY

THIS HONORABLE SUPREME COURT IN HOLDING PETITIONER DR. FILOTEO ALANO LIABLE FOR
MORAL AND EXEMPLARY DAMAGES AND ATTORNEY'S FEES DESPITE THE FACT THAT THE ACT OF
THE PETITIONER IS NOT THE PROXIMATE CAUSE NOR IS THERE ANY FINDING THAT THE ACT OF THE
PETITIONER WAS THE PROXIMATE CAUSE OF THE INJURY OR DAMAGE ALLEGEDLY SUSTAINED BY
RESPONDENT ZENAIDA MAGUD-LOGMAO.
B. WHETHER THE COURT OF APPEALS GRAVELY ERRED IN REFUSING AND/OR FAILING TO DECLARE
THAT PETITIONER DR. ALANO ACTED IN GOOD FAITH AND PURSUANT TO LAW WHEN HE ISSUED THE
AUTHORIZATION TO REMOVE AND RETRIEVE THE ORGANS OF ANGELITO LUGMOSO (LATER
IDENTIFIED TO BE IN FACT ARNELITO LOGMAO) CONSIDERING THAT NO NEGLIGENCE CAN BE
ATTRIBUTED OR IMPUTED ON HIM IN HIS PERFORMANCE OF AN ACT MANDATED BY LAW.
C. WHETHER THE COURT OF APPEALS GRAVELY ERRED IN AWARDING RESPONDENT ZENAIDA

MAGUD-LOGMAO MORAL AND EXEMPLARY DAMAGES AND ATTORNEY'S FEES THAT ARE NOT IN
ACCORDANCE WITH AND ARE CONTRARY TO ESTABLISHED JURISPRUDENCE.5
The first two issues boil down to the question of whether respondent's sufferings were brought about by petitioner's alleged
negligence in granting authorization for the removal or retrieval of the internal organs of respondent's son who had been
declared brain dead.
Petitioner maintains that when he gave authorization for the removal of some of the internal organs to be transplanted to
other patients, he did so in accordance with the letter of the law, Republic Act (R.A.) No. 349, as amended by Presidential
Decree (P.D.) 856, i.e., giving his subordinates instructions to exert all reasonable efforts to locate the relatives or next of
kin of respondent's son. In fact, announcements were made through radio and television, the assistance of police
authorities was sought, and the NBI Medico-Legal Section was notified. Thus, petitioner insists that he should not be held
responsible for any damage allegedly suffered by respondent due to the death of her son and the removal of her sons
internal organs for transplant purposes.
The appellate court affirmed the trial court's finding that there was negligence on petitioner's part when he failed to ensure
that reasonable time had elapsed to locate the relatives of the deceased before giving the authorization to remove said
deceased's internal organs for transplant purposes. However, a close examination of the records of this case would reveal
that this case falls under one of the exceptions to the general rule that factual findings of the trial court, when affirmed by
the appellate court, are binding on this Court. There are some important circumstances that the lower courts failed to
consider in ascertaining whether it was the actions of petitioner that brought about the sufferings of respondent. 6
The Memorandum dated March 3, 1988 issued by petitioner, stated thus:

As shown by the medical records, the said patient died on March 3, 1988 at 9:10 in the morning due to craniocerebral
injury. Please make certain that your Department has exerted all reasonable efforts to locate the relatives or next-of-kin
of the said deceased patient, such as appeal through the radios and television, as well as through police and other
government agencies and that the NBI [Medico-Legal] Section has been notified and is aware of the case.
If all the above has been complied with, in accordance with the provisions of Republic Act No. 349 as amended and P.D.
856, permission and/or authority is hereby given to the Department of Surgery to retrieve and remove the kidneys,
pancreas, liver and heart of the said deceased patient and to transplant the said organs to any compatible patient who
maybe in need of said organs to live and survive.7
A careful reading of the above shows that petitioner instructed his subordinates to "make certain" that "all reasonable
efforts" are exerted to locate the patient's next of kin, even enumerating ways in which to ensure that notices of the death
of the patient would reach said relatives. It also clearly stated that permission or authorization to retrieve and remove the
internal organs of the deceased was being given ONLY IF the provisions of the applicable law had been complied with.
Such instructions reveal that petitioner acted prudently by directing his subordinates to exhaust all reasonable means of
locating the relatives of the deceased. He could not have made his directives any clearer. He even specifically mentioned
that permission is only being granted IF the Department of Surgery has complied with all the requirements of the law.
Verily, petitioner could not have been faulted for having full confidence in the ability of the doctors in the Department of
Surgery to comprehend the instructions, obeying all his directives, and acting only in accordance with the requirements
of the law.
Furthermore, as found by the lower courts from the records of the case, the doctors and personnel of NKI disseminated
notices of the death of respondent's son to the media and sought the assistance of the appropriate police authorities as
early as March 2, 1988, even before petitioner issued the Memorandum. Prior to performing the procedure for retrieval of
the deceased's internal organs, the doctors concerned also the sought the opinion and approval of the Medico-Legal
Officer of the NBI.
Thus, there can be no cavil that petitioner employed reasonable means to disseminate notifications intended to reach the
relatives of the deceased. The only question that remains pertains to the sufficiency of time allowed for notices to reach
the relatives of the deceased.
If respondent failed to immediately receive notice of her son's death because the notices did not properly state the name
or identity of the deceased, fault cannot be laid at petitioner's door. The trial and appellate courts found that it was the
EAMC, who had the opportunity to ascertain the name of the deceased, who recorded the wrong information regarding
the deceased's identity to NKI. The NKI could not have obtained the information about his name from the patient, because
as found by the lower courts, the deceased was already unconscious by the time he was brought to the NKI.
Ultimately, it is respondent's failure to adduce adequate evidence that doomed this case.1wphi1 As stated in Otero v.
Tan,8"[i]n civil cases, it is a basic rule that the party making allegations has the burden of proving them by a preponderance
of evidence. The parties must rely on the strength of their own evidence and not upon the weakness of the defense offered
by their opponent."9 Here, there is to proof that, indeed, the period of around 24 hours from the time notices were
disseminated, cannot be considered as reasonable under the circumstances. They failed to present any expert witness
to prove that given the medical technology and knowledge at that time in the 1980's, the doctors could or should have
waited longer before harvesting the internal organs for transplantation.
Verily, the Court cannot, in conscience, agree with the lower court. Finding petitioner liable for damages is improper. It
should be emphasized that the internal organs of the deceased were removed only after he had been declared brain
dead; thus, the emotional pain suffered by respondent due to the death of her son cannot in any way be attributed to
petitioner. Neither can the Court find evidence on record to show that respondent's emotional suffering at the sight of the
pitiful state in which she found her son's lifeless body be categorically attributed to petitioner's conduct.
WHEREFORE, the petition is GRANTED. The Decision of the Court of Appeals, dated March 31, 2006, is REVERSED
and SET ASIDE. The complaint against petitioner is hereby DISMISSED.
SO ORDERED.
PRESIDENTIAL DECREE No. 651 January 31, 1975
REQUIRING THE REGISTRATION OF BIRTHS AND DEATHS IN THE PHILIPPINES WHICH OCCURED FROM
JANUARY 1, 1974 AND THEREAFTER
WHEREAS, government surveys reveal that every year twenty five to forty per cent of all births and death occurring in the
Philippines are not registered in the office of the local civil registrar as required by Act 3753;
WHEREAS, this big number of under-registration adversely affects the program of government in promoting the health
and social conditions of the people especially the youth because of difficulty in gathering complete vital statistics due to
the under-registration of births and deaths;
WHEREAS, to provide primary sources of vital statistics for use in various population studies in order to formulate more
effective health and social plan for the country, the immediate registration of unregistered births and deaths is imperative;
WHEREAS, this will be another landmark in the continuing efforts of the government to improve the social conditions of
the people with the aid of accurate vital statistics, and is in line with the observance of the 1974 world population year;
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by virtue of the powers vested in me by
the Constitution, do hereby order and decree that all births and deaths that occurred within the period starting January 1,
1974 to the date when this decree becomes effective, but were not registered, and those that will occur thereafter, shall
be registered in accordance with the following procedures;
Section 1. Registration of births. All babies born in hospitals, maternity clinics, private homes, or elsewhere within the
period starting from January 1, 1974 up to the date when this decree becomes effective, irrespective of the nationality,
race, culture, religion or belief of their parents, whether the mother is a permanent resident or transient in the Philippines,
and whose births have not yet been registered must be reported for registration in the office of the local civil registrar of
the place of birth by the physician, nurse, midwife, hilot, or hospital or clinic administrator who attended the birth or in
default thereof, by either parent or a responsible member of the family or a relative, or any person who has knowledge of
the birth of the individual child.
The report referred to above shall be accompanied with an affidavit describing the circumstances surrounding the delayed
registration.
Section 2. Period of registration of births. The registration of the birth of babies referred to in the preceding section must
be done within sixty (60) days from the date of effectivity of this decree without or fee or any kind. Babies born after the
effectivity of this decree must be registered in the office of the local civil registrar of the place of birth within thirty (30) days
after birth, by the attending physician, nurse, midwife, hilot or hospitals or clinic administrator or, in default of the same,
by either parent or a responsible member of the family or any person who has knowledge of the birth.
The parents or the responsible member of the family and the attendant at birth or the hospital or clinic administrator
referred to above shall be jointly liable in case they fail to register the new born child. If there was no attendant at birth, or
if the child was not born in a hospital or maternity clinic, then the parents or the responsible member of the family alone
shall be primarily liable in case of failure to register the new born child.
Section 3. Proof of birth registration a pre-requisite to school enrolment and allowance of tax exemption. Henceforth,
starting with the year 1975, the presentation of a birth certificate shall be a pre-requisite to enrolment in the first grade in
all public and private schools in the country and allowance of tax exemption for dependents under the National Internal
Revenue Code.
Section 4. Registration of deaths. All persons, irrespective of nationality, race, culture, religion and belief, whether a
permanent resident or a transient in the Philippines, who died in hospitals, clinic, private homes, or elsewhere, within the
period from January 1, 1974 to the date of effectivity of this decree, whose deaths have not yet been registered, must be
reported for registration through the local health officer to the local civil registrar of the place of death, by the physician
who attended the deceased or in default thereof, by the nearest responsible relative or by any person who has knowledge
of such death.
The report referred to above shall be accompanied by an affidavit describing the circumstances surrounding the delayed
registration.
Section 5. Period of reporting and registration of deaths. The registration of deaths referred to in the preceding section
must be done within sixty (60) days from the date of effectivity of this decree without fine or fee of any kind. Deaths
occurring after the effectivity of this decree must be reported by the nearest responsible relative or any person who has
knowledge of the death within 48 hours after death to the local health officer of the place of death, who shall then issue
the corresponding certificate of death and order its registration in the office of the local civil registrar within thirty (30) days
after death. In case the deceased was attended to by a physician, the latter must issue the necessary certificate of death
within 48 hours after death and submit the same to the local health officer of the place of death, who shall order its
registration in the office of the local civil registrar within the said period of thirty (30) days after death.
Section 6. No registration fee. No fees of any kind shall be imposed for the registration of births or deaths within the
prescribed period. However, for the issuance of a certified copy of any birth or death document, or transcript of the entries
from the civil register, upon the request of the interested party, a certification fee shall be collected in accordance with
existing law.
Section 7. Assistance of barrio captain and barangay chairman. All barrio captains and barangay chairman shall have
responsibility for disseminating this decree among their constituents and for assisting in the registration of births and
deaths occurring within their respective jurisdictions to insure complete coverage of these events.
Section 8. Implementing official. The Civil Registrar General in hereby authorized to issue rules and regulations, orders
or circulars to implement this decree.
Section 9. Penalty. Any person required under this decree to report for registration any fact concerning the civil status of
persons and who fails to do so, or who deliberately makes false statements in the birth or death form and presents the
same for registration, or who violates any rule or regulation which may be issued pursuant to this decree, and any local
public health officer who fails to perform his duties as provided for in this decree, or violates any rule or regulation which
may be issued pursuant to this decree, shall upon conviction, be punished by a fine of not less than P500.00 nor more
than P1,000.00 or imprisonment of not less than three (3) months nor more than six (6) months, or both, in the discretion
of the court.
Section 10. Repealing Clause. Any provision of law, ordinance, rules and regulations inconsistent with the provisions of
this decree, are hereby repealed or modified accordingly.
Section 11. Effectivity. This decree shall take effect forty five (45) days after its approval.
Done in the City of Manila, this 31st day of January, in the year of Our Lord, nineteen hundred and seventy-five.
PRESIDENTIAL DECREE No. 766 August 8, 1975
AMENDING SECTIONS 2 AND 5 OF PRESIDENTIAL DECREE NO. 651, DATED JANUARY 31, 1975, ENTITLED
"REQUIRING THE REGISTRATION OF BIRTHS AND DEATHS IN THE PHILIPPINES WHICH OCCURRED FROM
JANUARY 1, 1974 AND THEREAFTER" AND EXTENDING THE PERIOD OF REGISTRATION UP TO DECEMBER
31, 1975
WHEREAS, Sections 2 and 5 of Presidential Decree No. 651, requires unregistered births and deaths which occurred
from January 1, 1974 up to the date when said decree becomes effective, to be registered in the Office of the Local Civil
Registrar of the place where the event occurred within sixty (60) days from March 16 to May 16, 1975, without fine or fee
of any kind;
WHEREAS, the same sections of said decree also provide that all births and deaths occurring after the effectivity of said
decree must be registered within thirty (30) days from date of occurrence, without fee or fine of any kind;
WHEREAS, due to the present difficulties in the Mindanao area and the lack of facilities and communication to convey
the relevance and importance of the registration to the births and deaths, there is a strong clamor for the extension of the
period for the registration of births and deaths beyond the period prescribed by P.D. 651;
WHEREAS, the extension of the prescribed period of registration would give more time for complete registration of births
and deaths and provides reliable sources of adequate vital statistics of the country.
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by virtue of the powers vested in me by
the Constitution, do hereby order and decree:
Section 1. Section 2 of Presidential Decree No. 651 is hereby amended to read as follows:
"Sec. 2. Period of Registration of births. The registration of the birth of babies referred to in the preceding section including
those unregistered births which occurred from March 17, 1975, to November 30, 1975, must be done until December 31,
1975, without fine or fee of any kind. Babies born after November 30, 1975 and thereafter, must be registered within thirty
(30) days from birth without fine or fee of any kind by the attending physician, nurse, midwife, hilot or hospital or clinic
administrator or, in default of the same, by either parent or a responsible member of the family or any person who has
knowledge of the birth.
"The parents or any responsible member of the family and the attendant at birth or the hospital or clinic administrator
if the child was not born in a hospital or a maternity clinic, then the parents or responsible member of the family alone
shall be primarily liable in case of failure to register the new born child."
Section 2. Section 5 of the same decree is hereby amended to read as follows:
"Sec. 5. Period of reporting and registration of deaths. The registration of deaths referred to in the preceding Section
including those unregistered deaths which occurred from March 17, 1975, to November 30, 1975, must be done until
December 31, 1975, without fine or fee of any kind. Deaths occurring November 30, 1975 and thereafter, must be reported
by the nearest responsible relative or any person who has knowledge of the death within 48 hours after death to the Local
Health Officer of the place of death, who shall then issue the corresponding certificate of death and order its registration
in the Office of the Local Civil Registrar within thirty (30) days after death, without fee or fine of any kind. In case the
deceased was attended to by a physician, the latter must issue the necessary certificate of death within 48 hours after
death and submit the same to the Local Health Officer of the place of death, who shall order its registration in the Office
of the Local Civil Registrar within the said period of thirty (30) days after death, without fee or fine of any kind."
The attending physician and responsible member of the family or person who has knowledge of the death are jointly liable
to report the death to the Local Health Officer, for registration by the Local Civil Registrar of the place of the death. If the
deceased was not attended by a physician or did not die in the hospital, the responsible member of the family alone shall
be responsible for failure to submit the report of death to the Local Health Officer.
Section 3. The same decree is amended by adding the following section immediately after Section 5 thereof, which read
as follows:
"Sec. 5-A. Extension of Registration. The aforecited periods within which to register unregistered births and deaths may
be extended in meritorious cases by the Director-General of the National Economic and Development Authority upon the
recommendation of the Civil Registar-General."
Section 4. All laws or part of laws inconsistent with this Decree are hereby repealed, amended or modified accordingly.
Section 5. This Decree shall take effect immediately.

Done in the City of Manila this 8th day of August, in the year of Our Lord, nineteen hundred and seventy-five.
G.R. No. 170645 July 9, 2010
NIEVES ESTARES BALDOS, substituted by FRANCISCO BALDOS and MARTIN BALDOS, Petitioners,
vs.
COURT OF APPEALS and REYNALDO PILLAZAR a.k.a. REYNALDO ESTARES BALDOS, Respondents.
RESOLUTION
CARPIO, J.:
The Case
This is a petition for review1 of the 8 August 2005 Decision2 and the 22 November 2005 Resolution3 of the Court of Appeals
in CA G.R. CV No. 65693. The 8 August 2005 Decision affirmed the 16 August 1999 Order 4 of the Regional Trial Court
(Branch 74) of Olongapo City in Civil Case No. 79-0-95. The 22 November 2005 Resolution denied petitioners motion for
reconsideration.
The Antecedent Facts
Reynaldo Pillazar, alias Reynaldo Baldos, was born on 30 October 1948. However, his birth was not registered in the
office of the local civil registrar until roughly 36 years later or on 11 February 1985. His certificate of live birth 5indicated
Nieves Baldos as his mother and Bartolome Baldos as his father. Nieves Baldos also appeared as the informant on the
certificate of live birth.
On 8 March 1995, Nieves Baldos filed in the Regional Trial Court of Olongapo City a complaint, 6 docketed as Civil Case
No. 79-0-95, for cancellation of the late registration of Reynaldos birth. She claimed that Reynaldo was not really her son.
The Trial Courts Ruling
The trial court treated the complaint as a petition. In its 16 August 1999 Order,7 the trial court dismissed the petition for
lack of merit. The trial court reasoned as follows:
A thorough examination of the evidence adduced by the plaintiff vis-a-vis the evidence of the defendant shows that apart
from the scornful denial of plaintiff that defendant is her son, all documentary evidence available points to the contrary.
The declaration of two disinterested persons, who were neighbors of the petitioner and his deceased husband, has never
been refuted.
No one was presented by plaintiff to corroborate her stand.
In the realm of the evidence on record, there is no doubt that the oppositor is petitioners son. Petitioners reason for
disowning the oppositor is obvious; he did not live up to her expectation; his wife is ungrateful to everything she did for
her and the oppositor. Bad blood runs in the veins of the parties. But while oppositor may have done an act that caused
plaintiff to rue she gave him life, such acts however, are not justifications of what she prays from this Court.
An ungrateful act is not a ground to cancel a validly executed document, nor a reason to strip a person of ones filiation.
It may be a ground for disinheritance though. The documents adduced on record are the best evidence of the parties
relationship.8
Undeterred, Nieves appealed to the Court of Appeals. She insisted that the late registration of Reynaldos birth was
contrary to Presidential Decree No. 651 (P.D. No. 651).
The Ruling of the Court of Appeals

In its 8 August 2005 Decision,9 the Court of Appeals affirmed the trial courts Order. The appellate court held that P.D. No.
651 did not proscribe the late registration of births of persons born before 1 January 1974. The Court of Appeals explained
that the purpose of the decree was to encourage registration of births as well as deaths.
Nieves Baldos died on 17 May 1999. Her lawyer filed a motion for substitution 10 six years later or on 20 October 2005. In
its 22 November 2005 Resolution,11 the Court of Appeals granted the motion for substitution. From then on, Bartolomes
brothers, Francisco Baldos and Martin Baldos, substituted for Nieves Baldos.
The Issue
The sole issue is whether the late registration of Reynaldos birth is valid.
The Courts Ruling
The petition lacks merit.
Petitioners insist that the late registration of Reynaldos birth is not authorized by P.D. No. 651. They claim that P.D. No.
651 applies only to births within the period from 1 January 1974 up to the date when the decree became effective. They
point out that Reynaldo was born on 30 October 1948, outside of the period covered by the decree. Thus, petitioners
submit the Court of Appeals violated basic rules of statutory construction when it interpreted P.D. No. 651 to include births
before 1 January 1974. Petitioners contend the late registration of Reynaldos birth amounts to simulation of birth.
Respondent Reynaldo counters that P.D. No. 651 does not proscribe the late registration of births of persons born before
1 January 1974. He maintains that he has sufficiently proven, by clear and convincing evidence,
the fact that he is the son of Nieves and Bartolome Baldos. He asserts that a certificate of live birth is a public document
covered by the presumption of regularity in the performance of official functions.
Presidential Decree No. 651, otherwise known as An Act Requiring the Registration of Births and Deaths in the Philippines
which Occurred from 1 January 1974 and Thereafter, provides:
Sec. 1. Registration of births. All babies born in hospitals, maternity clinics, private homes, or elsewhere within the
period starting from January 1, 1974 up to the date when this decree becomes effective, irrespective of the
nationality, race, culture, religion or belief of their parents, whether the mother is a permanent resident or transient in the
Philippines, and whose births have not yet been registered must be reported for registration in the office of the local
civil registrar of the place of birth by the physician, nurse, midwife, hilot, or hospital or clinic administrator who attended
the birth or in default thereof, by either parent or a responsible member of the family or a relative, or any person who has
knowledge of the birth of the individual child.
The report referred to above shall be accompanied with an affidavit describing the circumstances surrounding the delayed
registration. (Emphasis supplied)
Sec. 2. Period of registration of births. The registration of the birth of babies referred to in the preceding section
must be done within sixty (60) days from the date of effectivity of this decree without fine or fee of any kind.
Babies born after the effectivity of this decree must be registered in the office of the local civil registrar of the place of birth
within thirty (30) days after birth, by the attending physician, nurse, midwife, hilot or hospitals or clinic administrator or, in
default of the same, by either parent or a responsible member of the family or any person who has knowledge of the birth.
The parents or the responsible member of the family and the attendant at birth or the hospital or clinic administrator
if the child was not born in a hospital or maternity clinic, then the parents or the responsible member of the family alone
shall be primarily liable in case of failure to register the new born child. (Emphasis supplied)
Presidential Decree No. 76612 amended P.D. No. 651 by extending the period of registration up to 31 December 1975.
P.D. No. 651, as amended, provided for special registration within a specified period to address the problem of under-
registration of births as well as deaths. It allowed, without fine or fee of any kind, the late registration of births and deaths
occurring within the period starting from 1 January 1974 up to the date when the decree became effective.1awphi1
Since Reynaldo was born on 30 October 1948, the late registration of his birth is outside of the coverage of P.D. No. 651,
as amended. The late registration of Reynaldos birth falls under Act No. 3753, otherwise known as the Civil Registry Law,
which took effect on 27 February 1931. As a general law, Act No. 3753 applies to the registration of all births, not otherwise
covered by P.D. No. 651, as amended, occurring from 27 February 1931 onwards. Considering that the late registration
of Reynaldos birth took place in 1985, National Census Statistics Office (NCSO) Administrative Order No. 1, Series of
198313 governs the implementation of Act No. 3753 in this case.
Under NCSO A.O. No. 1-83, the birth of a child shall be registered in the office of the local civil registrar within 30 days
from the time of birth.14 Any report of birth made beyond the reglementary period is considered delayed.15 The local civil
registrar, upon receiving an application for delayed registration of birth, is required to publicly post for at least ten days a
notice of the pending application for delayed registration.16 If after ten days no one opposes the registration and the local
civil registrar is convinced beyond doubt that the birth should be registered, he should register the same.17
Reynaldos certificate of live birth, as a duly registered public document, is presumed to have gone through the process
prescribed by law for late registration of birth. It was only on 8 March 1995, after the lapse of ten long years from the
approval on 11 February 1985 of the application for delayed registration of Reynaldos birth, that Nieves registered her
opposition. She should have done so within the ten-day period prescribed by law. Records18 show that no less than Nieves
herself informed the local civil registrar of the birth of Reynaldo. At the time of her application for delayed registration of
birth, Nieves claimed that Reynaldo was her son. Between the facts stated in a duly registered public document and the
flip-flopping statements of Nieves, we are more inclined to stand by the former.
Applications for delayed registration of birth go through a rigorous process. The books making up the civil register are
considered public documents and are prima facie evidence of the truth of the facts stated there.19 As a public document,
a registered certificate of live birth enjoys the presumption of validity. 20 It is not for Reynaldo to prove the facts stated in
his certificate of live birth, but for petitioners who are assailing the certificate to prove its alleged falsity. Petitioners
miserably failed to do so. Thus, the trial court and the Court of Appeals correctly denied for lack of merit the petition to
cancel the late registration of Reynaldos birth.
WHEREFORE, we DENY the petition. We AFFIRM the 8 August 2005 Decision and the 22 November 2005 Resolution
of the Court of Appeals in CA G.R. CV No. 65693 affirming the 16 August 1999 Order of the Regional Trial Court (Branch
74) of Olongapo City in Civil Case No. 79-0-95.
Costs against petitioners.
SO ORDERED.
G.R. No. 174689 October 22, 2007
ROMMEL JACINTO DANTES SILVERIO, petitioner,

vs.
REPUBLIC OF THE PHILIPPINES, respondent.
DECISION
CORONA, J.:
When God created man, He made him in the likeness of God; He created them male and female. (Genesis 5:1-
2)
Amihan gazed upon the bamboo reed planted by Bathala and she heard voices coming from inside the bamboo.
"Oh North Wind! North Wind! Please let us out!," the voices said. She pecked the reed once, then twice. All of a
sudden, the bamboo cracked and slit open. Out came two human beings; one was a male and the other was a
female. Amihan named the man "Malakas" (Strong) and the woman "Maganda" (Beautiful). (The Legend of
Malakas and Maganda)
When is a man a man and when is a woman a woman? In particular, does the law recognize the changes made by a
physician using scalpel, drugs and counseling with regard to a persons sex? May a person successfully petition for a
change of name and sex appearing in the birth certificate to reflect the result of a sex reassignment surgery?
On November 26, 2002, petitioner Rommel Jacinto Dantes Silverio filed a petition for the change of his first name and sex
in his birth certificate in the Regional Trial Court of Manila, Branch 8. The petition, docketed as SP Case No. 02-105207,
impleaded the civil registrar of Manila as respondent.
Petitioner alleged in his petition that he was born in the City of Manila to the spouses Melecio Petines Silverio and Anita
Aquino Dantes on April 4, 1962. His name was registered as "Rommel Jacinto Dantes Silverio" in his certificate of live
birth (birth certificate). His sex was registered as "male."
He further alleged that he is a male transsexual, that is, "anatomically male but feels, thinks and acts as a female" and
that he had always identified himself with girls since childhood. 1 Feeling trapped in a mans body, he consulted several
doctors in the United States. He underwent psychological examination, hormone treatment and breast augmentation. His
attempts to transform himself to a "woman" culminated on January 27, 2001 when he underwent sex reassignment
surgery2 in Bangkok, Thailand. He was thereafter examined by Dr. Marcelino Reysio-Cruz, Jr., a plastic and reconstruction
surgeon in the Philippines, who issued a medical certificate attesting that he (petitioner) had in fact undergone the
procedure.
From then on, petitioner lived as a female and was in fact engaged to be married. He then sought to have his name in his
birth certificate changed from "Rommel Jacinto" to "Mely," and his sex from "male" to "female."
An order setting the case for initial hearing was published in the Peoples Journal Tonight, a newspaper of general
circulation in Metro Manila, for three consecutive weeks.3 Copies of the order were sent to the Office of the Solicitor
General (OSG) and the civil registrar of Manila.
On the scheduled initial hearing, jurisdictional requirements were established. No opposition to the petition was made.
During trial, petitioner testified for himself. He also presented Dr. Reysio-Cruz, Jr. and his American fianc, Richard P.
Edel, as witnesses.
On June 4, 2003, the trial court rendered a decision4 in favor of petitioner. Its relevant portions read:
Petitioner filed the present petition not to evade any law or judgment or any infraction thereof or for any unlawful
motive but solely for the purpose of making his birth records compatible with his present sex.
The sole issue here is whether or not petitioner is entitled to the relief asked for.
The [c]ourt rules in the affirmative.
Firstly, the [c]ourt is of the opinion that granting the petition would be more in consonance with the principles of
justice and equity. With his sexual [re-assignment], petitioner, who has always felt, thought and acted like a
woman, now possesses the physique of a female. Petitioners misfortune to be trapped in a mans body is not his
own doing and should not be in any way taken against him.
Likewise, the [c]ourt believes that no harm, injury [or] prejudice will be caused to anybody or the community in
granting the petition. On the contrary, granting the petition would bring the much-awaited happiness on the part
of the petitioner and her [fianc] and the realization of their dreams.
Finally, no evidence was presented to show any cause or ground to deny the present petition despite due notice
and publication thereof. Even the State, through the [OSG] has not seen fit to interpose any [o]pposition.
WHEREFORE, judgment is hereby rendered GRANTING the petition and ordering the Civil Registrar of Manila
to change the entries appearing in the Certificate of Birth of [p]etitioner, specifically for petitioners first name from
"Rommel Jacinto" to MELY and petitioners gender from "Male" to FEMALE. 5
On August 18, 2003, the Republic of the Philippines (Republic), thru the OSG, filed a petition for certiorari in the Court of
Appeals.6 It alleged that there is no law allowing the change of entries in the birth certificate by reason of sex alteration.
On February 23, 2006, the Court of Appeals7 rendered a decision8 in favor of the Republic. It ruled that the trial courts
decision lacked legal basis. There is no law allowing the change of either name or sex in the certificate of birth on the
ground of sex reassignment through surgery. Thus, the Court of Appeals granted the Republics petition, set aside the
decision of the trial court and ordered the dismissal of SP Case No. 02-105207. Petitioner moved for reconsideration but
it was denied.9 Hence, this petition.
Petitioner essentially claims that the change of his name and sex in his birth certificate is allowed under Articles 407 to
413 of the Civil Code, Rules 103 and 108 of the Rules of Court and RA 9048. 10
The petition lacks merit.
A Persons First Name Cannot Be Changed On the Ground of Sex Reassignment
Petitioner invoked his sex reassignment as the ground for his petition for change of name and sex. As found by the trial
court:
Petitioner filed the present petition not to evade any law or judgment or any infraction thereof or for any unlawful
motive but solely for the purpose of making his birth records compatible with his present sex. (emphasis
supplied)
Petitioner believes that after having acquired the physical features of a female, he became entitled to the civil registry
changes sought. We disagree.
The State has an interest in the names borne by individuals and entities for purposes of identification. 11 A change of name
is a privilege, not a right.12 Petitions for change of name are controlled by statutes.13 In this connection, Article 376 of the
Civil Code provides:
ART. 376. No person can change his name or surname without judicial authority.
This Civil Code provision was amended by RA 9048 (Clerical Error Law). In particular, Section 1 of RA 9048 provides:
SECTION 1. Authority to Correct Clerical or Typographical Error and Change of First Name or Nickname. No
entry in a civil register shall be changed or corrected without a judicial order, except for clerical or typographical
errors and change of first name or nickname which can be corrected or changed by the concerned city or
municipal civil registrar or consul general in accordance with the provisions of this Act and its implementing rules
and regulations.
RA 9048 now governs the change of first name.14 It vests the power and authority to entertain petitions for change of first
name to the city or municipal civil registrar or consul general concerned. Under the law, therefore, jurisdiction over
applications for change of first name is now primarily lodged with the aforementioned administrative officers. The intent
and effect of the law is to exclude the change of first name from the coverage of Rules 103 (Change of Name) and 108
(Cancellation or Correction of Entries in the Civil Registry) of the Rules of Court, until and unless an administrative petition
for change of name is first filed and subsequently denied.15 It likewise lays down the corresponding venue,16 form17 and
procedure. In sum, the remedy and the proceedings regulating change of first name are primarily administrative in nature,
not judicial.
RA 9048 likewise provides the grounds for which change of first name may be allowed:
SECTION 4. Grounds for Change of First Name or Nickname. The petition for change of first name or nickname
may be allowed in any of the following cases:
(1) The petitioner finds the first name or nickname to be ridiculous, tainted with dishonor or extremely difficult to
write or pronounce;
(2) The new first name or nickname has been habitually and continuously used by the petitioner and he has been
publicly known by that first name or nickname in the community; or
(3) The change will avoid confusion.
Petitioners basis in praying for the change of his first name was his sex reassignment. He intended to make his first name
compatible with the sex he thought he transformed himself into through surgery. However, a change of name does not
alter ones legal capacity or civil status.18 RA 9048 does not sanction a change of first name on the ground of sex
reassignment. Rather than avoiding confusion, changing petitioners first name for his declared purpose may only create
grave complications in the civil registry and the public interest.
Before a person can legally change his given name, he must present proper or reasonable cause or any compelling
reason justifying such change.19 In addition, he must show that he will be prejudiced by the use of his true and official
name.20 In this case, he failed to show, or even allege, any prejudice that he might suffer as a result of using his true and
official name.
In sum, the petition in the trial court in so far as it prayed for the change of petitioners first name was not within that courts
primary jurisdiction as the petition should have been filed with the local civil registrar concerned, assuming it could be
legally done. It was an improper remedy because the proper remedy was administrative, that is, that provided under RA
9048. It was also filed in the wrong venue as the proper venue was in the Office of the Civil Registrar of Manila where his
birth certificate is kept. More importantly, it had no merit since the use of his true and official name does not prejudice him
at all. For all these reasons, the Court of Appeals correctly dismissed petitioners petition in so far as the change of his
first name was concerned.
No Law Allows The Change of Entry In The Birth Certificate As To Sex On the Ground of Sex Reassignment
The determination of a persons sex appearing in his birth certificate is a legal issue and the court must look to the
statutes.21 In this connection, Article 412 of the Civil Code provides:
ART. 412. No entry in the civil register shall be changed or corrected without a judicial order.
Together with Article 376 of the Civil Code, this provision was amended by RA 9048 in so far as clerical or
typographical errors are involved. The correction or change of such matters can now be made through administrative
proceedings and without the need for a judicial order. In effect, RA 9048 removed from the ambit of Rule 108 of the Rules
of Court the correction of such errors.22 Rule 108 now applies only to substantial changes and corrections in entries in the
civil register.23
Section 2(c) of RA 9048 defines what a "clerical or typographical error" is:
SECTION 2. Definition of Terms. As used in this Act, the following terms shall mean:
xxx xxx xxx
(3) "Clerical or typographical error" refers to a mistake committed in the performance of clerical work in
writing, copying, transcribing or typing an entry in the civil register that is harmless and innocuous, such
as misspelled name or misspelled place of birth or the like, which is visible to the eyes or obvious to the
understanding, and can be corrected or changed only by reference to other existing record or
records: Provided, however, That no correction must involve the change of nationality, age, status
or sex of the petitioner. (emphasis supplied)
Under RA 9048, a correction in the civil registry involving the change of sex is not a mere clerical or typographical error.
It is a substantial change for which the applicable procedure is Rule 108 of the Rules of Court.
The entries envisaged in Article 412 of the Civil Code and correctable under Rule 108 of the Rules of Court are those
provided in Articles 407 and 408 of the Civil Code:24
ART. 407. Acts, events and judicial decrees concerning the civil status of persons shall be recorded in the civil
register.
ART. 408. The following shall be entered in the civil register:
(1) Births; (2) marriages; (3) deaths; (4) legal separations; (5) annulments of marriage; (6) judgments declaring
marriages void from the beginning; (7) legitimations; (8) adoptions; (9) acknowledgments of natural children; (10)
naturalization; (11) loss, or (12) recovery of citizenship; (13) civil interdiction; (14) judicial determination of filiation;
(15) voluntary emancipation of a minor; and (16) changes of name.
The acts, events or factual errors contemplated under Article 407 of the Civil Code include even those that occur after
birth.25 However, no reasonable interpretation of the provision can justify the conclusion that it covers the correction on
the ground of sex reassignment.
To correct simply means "to make or set aright; to remove the faults or error from" while to change means "to replace
something with something else of the same kind or with something that serves as a substitute." 26 The birth certificate of
petitioner contained no error. All entries therein, including those corresponding to his first name and sex, were all correct.
No correction is necessary.
Article 407 of the Civil Code authorizes the entry in the civil registry of certain acts (such as legitimations,
acknowledgments of illegitimate children and naturalization), events (such as births, marriages, naturalization and deaths)
and judicial decrees (such as legal separations, annulments of marriage, declarations of nullity of marriages, adoptions,
naturalization, loss or recovery of citizenship, civil interdiction, judicial determination of filiation and changes of name).
These acts, events and judicial decrees produce legal consequences that touch upon the legal capacity, status and
nationality of a person. Their effects are expressly sanctioned by the laws. In contrast, sex reassignment is not among
those acts or events mentioned in Article 407. Neither is it recognized nor even mentioned by any law, expressly or
impliedly.
"Status" refers to the circumstances affecting the legal situation (that is, the sum total of capacities and incapacities) of a
person in view of his age, nationality and his family membership.27
The status of a person in law includes all his personal qualities and relations, more or less permanent in nature,
not ordinarily terminable at his own will, such as his being legitimate or illegitimate, or his being married or
not. The comprehensive term status include such matters as the beginning and end of legal personality,
capacity to have rights in general, family relations, and its various aspects, such as birth, legitimation, adoption,
emancipation, marriage, divorce, and sometimes even succession.28 (emphasis supplied)
A persons sex is an essential factor in marriage and family relations. It is a part of a persons legal capacity and civil
status. In this connection, Article 413 of the Civil Code provides:
ART. 413. All other matters pertaining to the registration of civil status shall be governed by special laws.
But there is no such special law in the Philippines governing sex reassignment and its effects. This is fatal to petitioners
cause.
Moreover, Section 5 of Act 3753 (the Civil Register Law) provides:
SEC. 5. Registration and certification of births. The declaration of the physician or midwife in attendance at the
birth or, in default thereof, the declaration of either parent of the newborn child, shall be sufficient for the
registration of a birth in the civil register. Such declaration shall be exempt from documentary stamp tax and shall
be sent to the local civil registrar not later than thirty days after the birth, by the physician or midwife in attendance
at the birth or by either parent of the newborn child.
In such declaration, the person above mentioned shall certify to the following facts: (a) date and hour of birth;
(b) sex and nationality of infant; (c) names, citizenship and religion of parents or, in case the father is not known,
of the mother alone; (d) civil status of parents; (e) place where the infant was born; and (f) such other data as
may be required in the regulations to be issued.
xxx xxx xxx (emphasis supplied)
Under the Civil Register Law, a birth certificate is a historical record of the facts as they existed at the time of
birth.29Thus, the sex of a person is determined at birth, visually done by the birth attendant (the physician or midwife) by
examining the genitals of the infant. Considering that there is no law legally recognizing sex reassignment, the
determination of a persons sex made at the time of his or her birth, if not attended by error,30 is immutable.31
When words are not defined in a statute they are to be given their common and ordinary meaning in the absence of a
contrary legislative intent. The words "sex," "male" and "female" as used in the Civil Register Law and laws concerning
the civil registry (and even all other laws) should therefore be understood in their common and ordinary usage, there being
no legislative intent to the contrary. In this connection, sex is defined as "the sum of peculiarities of structure and function
that distinguish a male from a female"32 or "the distinction between male and female."33Female is "the sex that produces
ova or bears young"34 and male is "the sex that has organs to produce spermatozoa for fertilizing ova." 35 Thus, the words
"male" and "female" in everyday understanding do not include persons who have undergone sex reassignment.
Furthermore, "words that are employed in a statute which had at the time a well-known meaning are presumed to have
been used in that sense unless the context compels to the contrary." 36 Since the statutory language of the Civil Register
Law was enacted in the early 1900s and remains unchanged, it cannot be argued that the term "sex" as used then is
something alterable through surgery or something that allows a post-operative male-to-female transsexual to be included
in the category "female."
For these reasons, while petitioner may have succeeded in altering his body and appearance through the intervention of
modern surgery, no law authorizes the change of entry as to sex in the civil registry for that reason. Thus, there is no legal
basis for his petition for the correction or change of the entries in his birth certificate.
Neither May Entries in the Birth Certificate As to First Name or Sex Be Changed on the Ground of Equity
The trial court opined that its grant of the petition was in consonance with the principles of justice and equity. It believed
that allowing the petition would cause no harm, injury or prejudice to anyone. This is wrong.
The changes sought by petitioner will have serious and wide-ranging legal and public policy consequences. First, even
the trial court itself found that the petition was but petitioners first step towards his eventual marriage to his male fianc.
However, marriage, one of the most sacred social institutions, is a special contract of permanent union between a man
and a woman.37 One of its essential requisites is the legal capacity of the contracting parties who must be a male and a
female.38 To grant the changes sought by petitioner will substantially reconfigure and greatly alter the laws on marriage
and family relations. It will allow the union of a man with another man who has undergone sex reassignment (a male-to-
female post-operative transsexual). Second, there are various laws which apply particularly to women such as the
provisions of the Labor Code on employment of women,39 certain felonies under the Revised Penal Code40 and the
presumption of survivorship in case of calamities under Rule 131 of the Rules of Court, 41 among others. These laws
underscore the public policy in relation to women which could be substantially affected if petitioners petition were to be
granted.
It is true that Article 9 of the Civil Code mandates that "[n]o judge or court shall decline to render judgment by reason of
the silence, obscurity or insufficiency of the law." However, it is not a license for courts to engage in judicial legislation.
The duty of the courts is to apply or interpret the law, not to make or amend it.
In our system of government, it is for the legislature, should it choose to do so, to determine what guidelines should govern
the recognition of the effects of sex reassignment. The need for legislative guidelines becomes particularly important in
this case where the claims asserted are statute-based.
To reiterate, the statutes define who may file petitions for change of first name and for correction or change of entries in
the civil registry, where they may be filed, what grounds may be invoked, what proof must be presented and what
procedures shall be observed. If the legislature intends to confer on a person who has undergone sex reassignment the
privilege to change his name and sex to conform with his reassigned sex, it has to enact legislation laying down the
guidelines in turn governing the conferment of that privilege.
It might be theoretically possible for this Court to write a protocol on when a person may be recognized as having
successfully changed his sex. However, this Court has no authority to fashion a law on that matter, or on anything else.
The Court cannot enact a law where no law exists. It can only apply or interpret the written word of its co-equal branch of
government, Congress.
Petitioner pleads that "[t]he unfortunates are also entitled to a life of happiness, contentment and [the] realization of their
dreams." No argument about that. The Court recognizes that there are people whose preferences and orientation do not
fit neatly into the commonly recognized parameters of social convention and that, at least for them, life is indeed an ordeal.
However, the remedies petitioner seeks involve questions of public policy to be addressed solely by the legislature, not
by the courts.
WHEREFORE, the petition is hereby DENIED.
Costs against petitioner.
SO ORDERED.
REPUBLIC OF THE PHILIPPINES, G.R. No. 166676

Petitioner,
Present:
QUISUMBING, J., Chairperson,

- versus - CARPIO MORALES,
TINGA,
VELASCO, JR., and
BRION, JJ.
JENNIFER B. CAGANDAHAN, Promulgated:

Respondent.
September 12, 2008
x- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -x
DECISION
QUISUMBING, J.:
This is a petition for review under Rule 45 of the Rules of Court raising purely questions of law and seeking a reversal of
the Decision[1] dated January 12, 2005 of the Regional Trial Court (RTC), Branch 33 of Siniloan, Laguna, which granted
the Petition for Correction of Entries in Birth Certificate filed by Jennifer B. Cagandahan and ordered the following changes
of entries in Cagandahans birth certificate: (1) the name Jennifer Cagandahan changed to Jeff Cagandahan and (2)
gender from female to male.
The facts are as follows.
On December 11, 2003, respondent Jennifer Cagandahan filed a Petition for Correction of Entries in Birth
Certificate[2] before the RTC, Branch 33 of Siniloan, Laguna.
In her petition, she alleged that she was born on January 13, 1981 and was registered as a female in the Certificate of
Live Birth but while growing up, she developed secondary male characteristics and was diagnosed to have Congenital
Adrenal Hyperplasia (CAH) which is a condition where persons thus afflicted possess both male and female
characteristics. She further alleged that she was diagnosed to have clitoral hyperthropy in her early years and at age six,
underwent an ultrasound where it was discovered that she has small ovaries. At age thirteen, tests revealed that her
ovarian structures had minimized, she has stopped growing and she has no breast or menstrual development. She then
alleged that for all interests and appearances as well as in mind and emotion, she has become a male person. Thus, she
prayed that her birth certificate be corrected such that her gender be changed from female to male and her first name be
changed from Jennifer to Jeff.
The petition was published in a newspaper of general circulation for three (3) consecutive weeks and was posted in
conspicuous places by the sheriff of the court. The Solicitor General entered his appearance and authorized the Assistant
Provincial Prosecutor to appear in his behalf.
To prove her claim, respondent testified and presented the testimony of Dr. Michael Sionzon of the Department of
Psychiatry, University of the Philippines-Philippine General Hospital. Dr. Sionzon issued a medical certificate stating that
respondents condition is known as CAH. He explained that genetically respondent is female but because her body
secretes male hormones, her female organs did not develop normally and she has two sex organs female and male. He
testified that this condition is very rare, that respondents uterus is not fully developed because of lack of female hormones,
and that she has no monthly period. He further testified that respondents condition is permanent and recommended the
change of gender because respondent has made up her mind, adjusted to her chosen role as male, and the gender
change would be advantageous to her.
The RTC granted respondents petition in a Decision dated January 12, 2005 which reads:
The Court is convinced that petitioner has satisfactorily shown that he is entitled to the reliefs prayed [for]. Petitioner has
adequately presented to the Court very clear and convincing proofs for the granting of his petition. It was medically proven
that petitioners body produces male hormones, and first his body as well as his action and feelings are that of a male. He
has chosen to be male. He is a normal person and wants to be acknowledged and identified as a male.
WHEREFORE, premises considered, the Civil Register of Pakil, Laguna is hereby ordered to make the following
corrections in the birth [c]ertificate of Jennifer Cagandahan upon payment of the prescribed fees:
a) By changing the name from Jennifer Cagandahan to JEFF CAGANDAHAN; and
b) By changing the gender from female to MALE.
It is likewise ordered that petitioners school records, voters registry, baptismal certificate, and other pertinent records are
hereby amended to conform with the foregoing corrected data.
SO ORDERED.[3]
Thus, this petition by the Office of the Solicitor General (OSG) seeking a reversal of the abovementioned ruling.
The issues raised by petitioner are:
THE TRIAL COURT ERRED IN GRANTING THE PETITION CONSIDERING THAT:
I.
THE REQUIREMENTS OF RULES 103 AND 108 OF THE RULES OF COURT HAVE NOT BEEN COMPLIED WITH;
AND,
II.
CORRECTION OF ENTRY UNDER RULE 108 DOES NOT ALLOW CHANGE OF SEX OR GENDER IN THE BIRTH
CERTIFICATE, WHILE RESPONDENTS MEDICAL CONDITION, i.e., CONGENITAL ADRENAL HYPERPLASIA DOES
NOT MAKE HER A MALE.[4]
Simply stated, the issue is whether the trial court erred in ordering the correction of entries in the birth certificate of
respondent to change her sex or gender, from female to male, on the ground of her medical condition known as CAH,
and her name from Jennifer to Jeff, under Rules 103 and 108 of the Rules of Court.
The OSG contends that the petition below is fatally defective for non-compliance with Rules 103 and 108 of the Rules of
Court because while the local civil registrar is an indispensable party in a petition for cancellation or correction of entries
under Section 3, Rule 108 of the Rules of Court, respondents petition before the court a quo did not implead the local civil
registrar.[5] The OSG further contends respondents petition is fatally defective since it failed to state that respondent is
a bona fide resident of the province where the petition was filed for at least three (3) years prior to the date of such filing
as mandated under Section 2(b), Rule 103 of the Rules of Court.[6] The OSG argues that Rule 108 does not allow change
of sex or gender in the birth certificate and respondents claimed medical condition known as CAH does not make her a
male.[7]
On the other hand, respondent counters that although the Local Civil Registrar of Pakil, Laguna was not formally named
a party in the Petition for Correction of Birth Certificate, nonetheless the Local Civil Registrar was furnished a copy of the
Petition, the Order to publish on December 16, 2003 and all pleadings, orders or processes in the course of the
proceedings,[8] respondent is actually a male person and hence his birth certificate has to be corrected to reflect his true
sex/gender,[9] change of sex or gender is allowed under Rule 108, [10] and respondent substantially complied with the
requirements of Rules 103 and 108 of the Rules of Court.[11]
Rules 103 and 108 of the Rules of Court provide:
Rule 103
CHANGE OF NAME
SECTION 1. Venue. A person desiring to change his name shall present the petition to the Regional Trial Court of the
province in which he resides, [or, in the City of Manila, to the Juvenile and Domestic Relations Court].
SEC. 2. Contents of petition. A petition for change of name shall be signed and verified by the person desiring his name
changed, or some other person on his behalf, and shall set forth:
(a) That the petitioner has been a bona fide resident of the province where the petition is filed for at least three (3) years
prior to the date of such filing;
(b) The cause for which the change of the petitioner's name is sought;
(c) The name asked for.
SEC. 3. Order for hearing. If the petition filed is sufficient in form and substance, the court, by an order reciting the purpose
of the petition, shall fix a date and place for the hearing thereof, and shall direct that a copy of the order be published
before the hearing at least once a week for three (3) successive weeks in some newspaper of general circulation published
in the province, as the court shall deem best. The date set for the hearing shall not be within thirty (30) days prior to an
election nor within four (4) months after the last publication of the notice.
SEC. 4. Hearing. Any interested person may appear at the hearing and oppose the petition. The Solicitor General or the
proper provincial or city fiscal shall appear on behalf of the Government of the Republic.
SEC. 5. Judgment. Upon satisfactory proof in open court on the date fixed in the order that such order has been published
as directed and that the allegations of the petition are true, the court shall, if proper and reasonable cause appears for
changing the name of the petitioner, adjudge that such name be changed in accordance with the prayer of the petition.
SEC. 6. Service of judgment. Judgments or orders rendered in connection with this rule shall be furnished the civil registrar
of the municipality or city where the court issuing the same is situated, who shall forthwith enter the same in the civil
register.
Rule 108
CANCELLATION OR CORRECTION OF ENTRIES
IN THE CIVIL REGISTRY
SECTION 1. Who may file petition. Any person interested in any act, event, order or decree concerning the civil status of
persons which has been recorded in the civil register, may file a verified petition for the cancellation or correction of any
entry relating thereto, with the Regional Trial Court of the province where the corresponding civil registry is located.
SEC. 2. Entries subject to cancellation or correction. Upon good and valid grounds, the following entries in the civil register
may be cancelled or corrected: (a) births; (b) marriages; (c) deaths; (d) legal separations; (e) judgments of annulments of
marriage; (f) judgments declaring marriages void from the beginning; (g) legitimations; (h) adoptions; (i) acknowledgments
of natural children; (j) naturalization; (k) election, loss or recovery of citizenship; (l) civil interdiction; (m) judicial
determination of filiation; (n) voluntary emancipation of a minor; and (o) changes of name.
SEC. 3. Parties. When cancellation or correction of an entry in the civil register is sought, the civil registrar and all persons
who have or claim any interest which would be affected thereby shall be made parties to the proceeding.
SEC. 4. Notice and publication. Upon the filing of the petition, the court shall, by an order, fix the time and place for the
hearing of the same, and cause reasonable notice thereof to be given to the persons named in the petition. The court
shall also cause the order to be published once a week for three (3) consecutive weeks in a newspaper of general
circulation in the province.
SEC. 5. Opposition. The civil registrar and any person having or claiming any interest under the entry whose cancellation
or correction is sought may, within fifteen (15) days from notice of the petition, or from the last date of publication of such
notice, file his opposition thereto.
SEC. 6. Expediting proceedings. The court in which the proceedings is brought may make orders expediting the
proceedings, and may also grant preliminary injunction for the preservation of the rights of the parties pending such
proceedings.
SEC. 7. Order. After hearing, the court may either dismiss the petition or issue an order granting the cancellation or
correction prayed for. In either case, a certified copy of the judgment shall be served upon the civil registrar concerned
who shall annotate the same in his record.
The OSG argues that the petition below is fatally defective for non-compliance with Rules 103 and 108 of the Rules of
Court because respondents petition did not implead the local civil registrar. Section 3, Rule 108 provides that the civil
registrar and all persons who have or claim any interest which would be affected thereby shall be made parties to the
proceedings. Likewise, the local civil registrar is required to be made a party in a proceeding for the correction of name in
the civil registry. He is an indispensable party without whom no final determination of the case can be had. [12] Unless all
possible indispensable parties were duly notified of the proceedings, the same shall be considered as falling much too
short of the requirements of the rules.[13] The corresponding petition should also implead as respondents the civil registrar
and all other persons who may have or may claim to have any interest that would be affected thereby.[14] Respondent,
however, invokes Section 6,[15] Rule 1 of the Rules of Court which states that courts shall construe the Rules liberally to
promote their objectives of securing to the parties a just, speedy and inexpensive disposition of the matters brought before
it. We agree that there is substantial compliance with Rule 108 when respondent furnished a copy of the petition to the
local civil registrar.
The determination of a persons sex appearing in his birth certificate is a legal issue and the court must look to the statutes.
In this connection, Article 412 of the Civil Code provides:
ART. 412. No entry in a civil register shall be changed or corrected without a judicial order.
Together with Article 376[16] of the Civil Code, this provision was amended by Republic Act No. 9048[17] in so far as clerical
or typographical errors are involved. The correction or change of such matters can now be made through administrative
proceedings and without the need for a judicial order. In effect, Rep. Act No. 9048 removed from the ambit of Rule 108 of
the Rules of Court the correction of such errors. Rule 108 now applies only to substantial changes and corrections in
entries in the civil register.[18]
Under Rep. Act No. 9048, a correction in the civil registry involving the change of sex is not a mere clerical or typographical
error. It is a substantial change for which the applicable procedure is Rule 108 of the Rules of Court. [19]
The entries envisaged in Article 412 of the Civil Code and correctable under Rule 108 of the Rules of Court are those
provided in Articles 407 and 408 of the Civil Code:
ART. 407. Acts, events and judicial decrees concerning the civil status of persons shall be recorded in the civil register.
ART. 408. The following shall be entered in the civil register:
(1) Births; (2) marriages; (3) deaths; (4) legal separations; (5) annulments of marriage; (6) judgments declaring marriages
void from the beginning; (7) legitimations; (8) adoptions; (9) acknowledgments of natural children; (10) naturalization; (11)
loss, or (12) recovery of citizenship; (13) civil interdiction; (14) judicial determination of filiation; (15) voluntary emancipation
of a minor; and (16) changes of name.
The acts, events or factual errors contemplated under Article 407 of the Civil Code include even those that occur after
birth.[20]
Respondent undisputedly has CAH. This condition causes the early or inappropriate appearance of male characteristics.
A person, like respondent, with this condition produces too much androgen, a male hormone. A newborn who has XX
chromosomes coupled with CAH usually has a (1) swollen clitoris with the urethral opening at the base, an ambiguous
genitalia often appearing more male than female; (2) normal internal structures of the female reproductive tract such as
the ovaries, uterus and fallopian tubes; as the child grows older, some features start to appear male, such as deepening
of the voice, facial hair, and failure to menstruate at puberty. About 1 in 10,000 to 18,000 children are born with CAH.
CAH is one of many conditions[21] that involve intersex anatomy. During the twentieth century, medicine adopted the
term intersexuality to apply to human beings who cannot be classified as either male or female. [22] The term is now of
widespread use. According to Wikipedia, intersexuality is the state of a living thing of a gonochoristicspecies whose sex
chromosomes, genitalia, and/or secondary sex characteristics are determined to be neither exclusively male nor
female. An organism with intersex may have biological characteristics of both male and female sexes.
Intersex individuals are treated in different ways by different cultures. In most societies, intersex individuals have been
expected to conform to either a male or female gender role.[23] Since the rise of modern medical science in Western
societies, some intersex people with ambiguous external genitalia have had their genitalia surgically modified to resemble
either male or female genitals.[24] More commonly, an intersex individual is considered as suffering from a disorder which
is almost always recommended to be treated, whether by surgery and/or by taking lifetime medication in order to mold the
individual as neatly as possible into the category of either male or female.
In deciding this case, we consider the compassionate calls for recognition of the various degrees of intersex as variations
which should not be subject to outright denial. It has been suggested that there is some middle ground between the sexes,
a no-mans land for those individuals who are neither truly male nor truly female.[25] The current state of Philippine statutes
apparently compels that a person be classified either as a male or as a female, but this Court is not controlled by mere
appearances when nature itself fundamentally negates such rigid classification.
In the instant case, if we determine respondent to be a female, then there is no basis for a change in the birth certificate
entry for gender. But if we determine, based on medical testimony and scientific development
showing the respondent to be other than female, then a change in the
subjects birth certificate entry is in order.
Biologically, nature endowed respondent with a mixed (neither consistently and categorically female nor consistently and
categorically male) composition. Respondent has female (XX) chromosomes. However, respondents body system
naturally produces high levels of male hormones (androgen). As a result, respondent has ambiguous genitalia and the
phenotypic features of a male.
Ultimately, we are of the view that where the person is biologically or naturally intersex the determining factor in his gender
classification would be what the individual, like respondent, having reached the age of majority, with good reason thinks
of his/her sex. Respondent here thinks of himself as a male and considering that his body produces high levels of male
hormones (androgen) there is preponderant biological support for considering him as being male. Sexual development in
cases of intersex persons makes the gender classification at birth inconclusive. It is at maturity that the gender of such
persons, like respondent, is fixed.
Respondent here has simply let nature take its course and has not taken unnatural steps to arrest or interfere with what
he was born with. And accordingly, he has already ordered his life to that of a male. Respondent could have undergone
treatment and taken steps, like taking lifelong medication,[26] to force his body into the categorical mold of a female but he
did not. He chose not to do so. Nature has instead taken its due course in respondents development to reveal more fully
his male characteristics.
In the absence of a law on the matter, the Court will not dictate on respondent concerning a matter so innately private as
ones sexuality and lifestyle preferences, much less on whether or not to undergo medical treatment to reverse the male
tendency due to CAH. The Court will not consider respondent as having erred in not choosing to undergo treatment in
order to become or remain as a female. Neither will the Court force respondent to undergo treatment and to take
medication in order to fit the mold of a female, as society commonly currently knows this gender of the human
species. Respondent is the one who has to live with his intersex anatomy. To him belongs the human right to the pursuit
of happiness and of health. Thus, to him should belong the primordial choice of what courses of action to take along the
path of his sexual development and maturation. In the absence of evidence that respondent is an incompetent [27] and in
the absence of evidence to show that classifying respondent as a male will harm other members of society who are equally
entitled to protection under the law, the Court affirms as valid and justified the respondents position and his personal
judgment of being a male.
In so ruling we do no more than give respect to (1) the diversity of nature; and (2) how an individual deals with what nature
has handed out. In other words, we respect respondents congenital condition and his mature decision to be a male. Life
is already difficult for the ordinary person. We cannot but respect how respondent deals with his unordinary state and thus
help make his life easier, considering the unique circumstances in this case.
As for respondents change of name under Rule 103, this Court has held that a change of name is not a matter of right but
of judicial discretion, to be exercised in the light of the reasons adduced and the consequences that will follow.[28] The trial
courts grant of respondents change of name from Jennifer to Jeff implies a change of a feminine name to a masculine
name. Considering the consequence that respondents change of name merely recognizes his preferred gender, we find
merit in respondents change of name. Such a change will conform with the change of the entry in his birth certificate from
female to male.
WHEREFORE, the Republics petition is DENIED. The Decision dated January 12, 2005 of the Regional Trial Court,
Branch 33 of Siniloan, Laguna, is AFFIRMED. No pronouncement as to costs.
SO ORDERED.

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REPUBLIC ACT NO.

9165 June 7, 2002

Be it enacted by the Senate and House of Representatives of the Philippines in Congress

Unlawful Acts and Penalties

(e) Any employment of a practitioner, chemical engineer, public official or foreigner.

(1) 10 grams or more of opium;

(2) 10 grams or more of morphine;

(3) 10 grams or more of heroin;

(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

(e) Cultivation or culture of plants which are sources of dangerous drugs.

Dangerous Drugs Test and Record Requirements

(1) License number and address of the pharmacist;

(3) Quantity and name of the dangerous drugs purchased or acquired;

(4) Date of acquisition or purchase;

(8) Date of sale or delivery.

(2) Preventive measures against drug abuse;

Participation of Local Government Units

Program for Treatment and Rehabilitation of Drug Dependents

(c) The Board favorably recommends that his/her sentence be suspended.

Dangerous Drugs Board and Philippine Drug Enforcement Agency

(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;

(8) Secretary of the Department of Foreign Affairs or his/her representative;

(9) Secretary of the Department of Education or his/her representative;

(11) Chairman of the National Youth Commission;

(12) Director General of the Philippine Drug Enforcement Agency.

The two (2) regular members shall be as follows:

(a) The president of the Integrated Bar of the Philippines; and

Appropriations, Management of Funds and Annual Report

Jurisdiction Over Dangerous Drugs Cases

(a) Its actual or relative potential for abuse;

(b) Scientific evidence of its pharmacological effect if known;

(d) Its history and current pattern of abuse;

(e) The scope, duration, and significance of abuse;

(f) Risk to public health; and

The effect of such reclassification, addition or removal shall be as follows:

Implementing Rules and Regulations

FRANKLIN M. DRILON JOSE DE VENECIA, JR.

OSCAR G. YABES ROBERTO P. NAZARENO

Approved: January 23, 2002

LIST OF SUBSTANCES IN TABLE I

LIST OF SUBSTANCES IN TABLE II

LIST OF DRUGS INCLUDED IN SCHEDULE I

*Dextromethorphan (+)-3-methoxy-N-methylmorphinan and dextrorphan (+)-3-hydroxy-N-methylmorphinan are isomers

LIST OF DRUGS INCLUDED IN SCHEDULE II

LIST OF DRUGS INCLUDED IN SCHEDULE III

7. Preparations of : Pulvis ipecacuanhae et opii compositus

10 per cent opium in powder

LIST OF DRUGS INCLUDED IN SCHEDULE IV

1971 UNITED NATIONS SINGLE CONVENTION ON PSYCHOTROPIC SUBSTANCES

LIST OF SUBSTANCES IN SCHEDULE I

BROLAMFETAMINE (DOB) ()-4-Bromo-2,5-dimethoxy-a-methylphenethylamine

ETICYCLIDINE (PCE) N-Ethyl-1-phenylcyclohexylamine

(+)-LYSERGIDE (LSD, LSD- 9,10-Didehydro-N,N-diethyl-6-methylergoline-8b-

MDA (+)-N, a-Dimethyl-3,4-(methylene-dioxy)phenethylamine

N-ETHYL MDA (+)-N-Ethyl-a-methyl-3,4(methylenedioxy)phenethylamine

N-HYDROXY MDA (+)-N-[a-Methyl-3,4-(methylenedioxy)phenethyl]-

PSILOCINE, PSILOTSIN 3-[2-(Dimethylamino)ethyl]indol-4-ol