June 7, 2002

REPUBLIC A CT NO. 9165

A N ACT INSTITUTING THE COM PREHENSIVE DA NG EROUS DRUG S ACT OF 2002, REPEA LING REPUBLIC A CT NO. 6425, OTHERW ISE KNOW N
A S THE DA NG EROUS DRUG S A CT OF 1972, A S A M ENDED, PROVIDING FUNDS THEREFOR, A ND FOR OTHER PURPOSES

SECTION 1. Shor t Title. — This Act shall be know n and cited as the "Compr ehensive Danger ous Dr ugs Act of 2002".

SECTION 2. Declar ation of Policy. — It is the policy of the State to safeguar d the integr ity of its ter ritory and the w ell-being of its citizenry
particular ly the youth, fr om the harmful effe cts of danger ous dr ugs on their physical and mental w ell-being, and to defend the same against acts or
omissions detr imental to their development and pr eser vation. In view of the for egoing, the State needs to enhance fur ther the efficacy of the law
against danger ous dr ugs, it being one of today's mor e ser ious social ills.

Tow ar d this end, the gover nment shall pursue an intensive and unr elenting campaign against the tr afficking and use of danger ous dr ugs and
other similar substances thr ough an integr ated system of planning, implementation and enfor cement of anti -dr ug abuse policies, pr ogr ams, and
pr ojects. The gover nment shall how ever aim to achieve a balance in the national dr ug contr ol pr ogr am so that people with legitimate medical needs
ar e not pr evented fr om being tr eated w ith adequate amounts of appr opr iate medications, w hich include the use of danger ous dr u gs.

It is further declar ed the policy of the State to pr ovide effective mechanisms or measur es to re -integr ate into society individuals w ho have
fallen victims to dr ug abuse or danger ous dr ug dependence thr ough sustainable pr ogr ams of tr eatment and r ehabilitation.

ARTICLE I

Definition of Ter ms

SECTION 3. Definitions. — As used in this Act, the follow ing ter ms shall mean:

(a) Administer . — Any act of intr oducing any danger ous dr ug into the body of any per son, w ith or w ithout his/her know ledge, by injection,
inhalation, ingestion or other means, or of committing any act of indispensable assistance to a per son in administer ing a danger ous dr ug to
himself/her self unless administer ed by a duly licensed pr actitioner for pur poses of medication.

(b) Boar d. — Refer s to the Danger ous Dr ugs Boar d under Section 77, Ar ticle IX of this Act.

(c) Center s. — Any of the tr eatment and r ehabilitation center s for dr ug dependents r efer red to in Section 75, Ar ticle VIII of this Act.

(d) Chemical Diver sion. — The sale, distr ibution, supply or tr ansport of legitimately impor ted, in-tr ansit, manufactur ed or pr ocured
contr olled pr ecur sors and essential chemicals, in diluted, mix tures or in concentr ated for m, to any per son or entity engaged in the manufactur e of
any danger ous dr ug, and shall include packaging, r epackaging, labeling, r elabeling or concealment of such tr ansaction thr ough fr aud, destr uction of
documents, fr audulent use of per mits, misdeclar ation, use of fr ont companies or mail fr aud.

(e) Clandestine Labor ator y. — Any facility used for the illegal manufa ctur e of any danger ous dr ug and/or contr olled pr ecur sor and essential
chemical.

(f) Confir mator y Test. — An analytical test using a device, tool or equipment w ith a differ ent chemical or physical pr inciple that is mor e
specific w hich w ill validate and confir m the r esult of the scr eening test.

(g) Contr olled Deliver y. — The investigative technique of allow ing an unlaw ful or suspect consignment of any danger ous dr ug and/or
contr olled pr ecur sor and essential chemical, equipment or par apher nalia, or pr operty believed to be der ived dir ectly or indir ectly fr om any offense,
to pass into, thr ough or out of the countr y under the super vision of an author ized officer , w ith a view to gather ing evidence to identify any per son
involved in any danger ous dr ugs r elated offense, or to facilitate pr osecution of that offense.

(h) Contr olle d Pr ecur sor s and Essential Chemicals. — Include those listed in Tables I and II of the 1988 UN Convention Against Illi cit Tr affic in
Nar cotic Dr ugs and Psychotr opic Substances as enumer ated in the attached annex , w hich is an integr al par t of this Act.

(i) Cu ltivate or Cultur e. — Any act of know ingly planting, gr owing, r aising, or per mitting the planting, grow ing or r aising of any plant w hich
is the sour ce of a danger ous dr ug.

(j) Danger ous Dr ugs. — Include those listed in the Schedules annex ed to the 1961 Single Convention on Nar cotic Dr ugs, as amended by the
1972 Pr otocol, and in the Schedules annex ed to the 1971 Single Convention on Psychotr opic Substances as enumer ated in t he attached annex w hich is
an integr al par t of this Act.

(k) Deliver . — Any act of know ingly passing a danger ous dr ug to another , per sonally or other w ise, and by any means, w ith or w ithout
consider ation.

(l) Den, Dive or Resor t. — A place w her e any dangerous dr ug and/or contr olled pr ecur sor and essential chemical is administer ed, deliver ed,
stor ed for illegal pur poses, distr ibuted, sold or used in any for m.

(m) Dispense. — Any act of giving aw ay, selling or distr ibuting medicine or any danger ous dr ug w ith o r w ithout the use of
pr escr iption. EADCHS

(n) Dr ug Dependence. — As based on the Wor ld Health Or ganization definition, it is a cluster of physiological, behavior al and cognitive
phenomena of var iable intensity, in w hich the use of psychoactive dr ug takes o n a high pr iority ther eby involving, among other s, a strong desir e or a
sense of compulsion to take the substance and the difficulties in contr olling substance -taking behavior in ter ms of its onset, ter mination, or levels of
use.

(o) Dr ug Syndicate. — Any or ganized gr oup of tw o (2) or mor e per sons for ming or joining together w ith the intention of committing any
offense pr escr ibed under this Act.

(p) Employee of Den, Dive or Resor t. — The car etaker , helper , w atchman, lookout, and other per sons w or king in the den, dive or r esor t,
employed by the maintainer , ow ner and/or oper ator w her e any danger ous dr ug and/or contr olled pr ecursor and essential chemical is administered,
deliver ed, distr ibuted, sold or used, w ith or w ithout compensation, in connection w ith the oper ation ther eof.

(q) Financier . — Any person w ho pays for , raises or supplies money for , or underwrites any of the illegal activities pr escr ibed under this Act .

(r ) Illega l Tr afficking. — The illega l cu ltivation, cultur e, delivery, administr ation, dispensation, manufactur e, sale, tr ading, transpor tation,
distr ibution, impor tation, ex portation and possession of any danger ous dr ug and/or contr olled pr ecur sor and essential chemica l.

(s) Instr ument. — Any thing that is used in or intended to be used in any manner in the commission of illegal dr ug tr afficking or r elated
offenses.

(t) Labor ator y Equipment. — The par apher nalia, appar atus, mater ials or appliances w hen used, intended for use or designed for use in the
manufactur e of any danger ous dr ug and/or contr olled pr ecur sor and essential chemical, such as r eaction vessel, pr epar ative/purifying equipment,
fer mentor s, separ atory funnel, flask, heating mantle, gas gener ator , or their substitute.

(u) Manufactur e. — The pr oduction, pr epar ation, compounding or pr ocessing of any danger ous dr ug and/or contr olled pr ecur sor and
essential chemical, either dir ectly or indirectly or by extr action fr om substances of natur al or igin, or independently by mea ns of chemical synthesis
or by a combination of ex traction and chemical synthesis, and shall include any packaging or r epackaging of such substances, design or configur ation
of its form, or labeling or r elabeling of its container ; ex cept that such terms do not include the pr epar ation, compounding, packaging or labeling of a
dr ug or other substances by a duly author ized pr actitioner as an incident to his/her administr ation or dispensation of such d r ug or substance in the
cour se of his/her pr ofessional pr actice including r esear ch, teaching and chemical analysis of danger ous dr ugs or such substances that ar e not
intended for sale or for any other pur pose.

(v) Cannabis or commonly know n as "Marijuana" or "Indian Hemp" or by its any other name. — Embr aces ever y kind, class, genus, or specie of
the plant Cannabis sativa L. including, but not limited to, Cannabis amer icana,hashish, bhang, guaza, churr us and ganjab, and embr aces every kind,
class and char acter of mar ijuana, w hether dr ied or fr esh and flow er ing, flow er ing or fr uiting tops, or any par t or portion of the plant and seeds
ther eof, and all its geogr aphic var ieties, w hether as a r eefer , r esin, ex tract, tinctur e or in any for m w hatsoever.

(w ) Methylenediox ymethamphetamine (MDMA) or commonly know n as "Ecstasy", or by its any other name. — Refer s to the dr ug having such
chemical composition, including any of its isomer s or derivatives in any for m.

(x ) Methamphetamine Hydr ochlor ide or commonly know n as "Shabu", "Ice", "Meth", or by its any other name. — Refer s to the dr ug having
such chemical composition, including any of its i somer s or der ivatives in any for m.

(y) Opium. — Refer s to the coagulated juice of the opium poppy (Papaver somnifer um L.) and embr aces ever y kind, class and char acter of
opium, w hether cr ude or pr epar ed; the ashes or r efuse of the same; nar cotic pr epar atio ns ther eof or ther efr om; mor phine or any alkaloid of opium;
pr epar ations in w hich opium, mor phine or any alkaloid of opium enters as an ingr edient; opium poppy; opium poppy straw ; and leaves or wrappings
of opium leaves, w hether pr epared for use or not.

(z) Opium Poppy. — Refer s to any par t of the plant of the species Papaver somnifer um L., Papaver setiger um DC,Papaver orientale, Papaver
br acteatum and Papaver r hoeas, w hich includes the seeds, str aw s, br anches, leaves or any par t ther eof, or substances de r ived ther efrom, even for
flor al, decor ative and culinar y pur poses.

(aa) PDEA. — Refer s to the Philippine Dr ug Enfor cement Agency under Section 82, Ar ticle IX of this Act.

(bb) Per son. — Any entity, natur al or jur idical, including among other s, a cor por ati on, par tnership, tr ust or estate, joint stock company,
association, syndicate, joint ventur e or other unincor porated organization or group capable of acquir ing r ights or enter ing i nto obligations.

(cc) Planting of Evidence. — The w illful act by any per son of maliciously and sur r eptitiously inserting, placing, adding or attaching dir ectly
or indir ectly, thr ough any over t or cover t act, w hatever quantity of any danger ous dr ug and/or contr olled pr ecur sor and essen tial chemical in the
per son, house, effects or in the immediate vicinity of an innocent individual for the pur pose of implicating, incr iminating or imputing the commissio n
of any violation of this Act.

(dd) Pr actitioner . — Any per son w ho is a licensed physician, dentist, chemist, medical technologist , nur se, midw ife, veter inar ian or
phar macist in the Philippines.

(ee) Pr otector /Coddler . — Any per son w ho know ingly and w illfully consents to the unlaw ful acts pr ovided for in this Act and uses his/her
influence, pow er or position in shielding, har bor ing, scr eening or facilitating the escape of any per son he/she know s, or has r easonable gr ounds to
believe on or suspects, has violated the pr ovisions of this Act in or der to pr event the ar rest, pr osecution and conviction of the violator .

(ff) Pusher . — Any per son w ho sells, tr ades, administer s, dispenses, deliver s or gives aw ay to another , on any ter ms w hatsoever, or
distr ibutes, dispatches in tr ansit or transports danger ous drugs or w ho acts as a br oker in any of such tr ansactions, in violation of this Act.

(gg) Schoo l. — Any educational institution, private or public, under taking educational oper ation for pupils/students pur suing cer tain studie s
at defined levels, r eceiving instr uctions fr om teacher s, usually located in a building or a gr oup of buildings in a par ticular physical or cyber site.

(hh) Scr eening Test. — A r apid test per for med to establish potential/pr esumptive positive r esult.

(ii) Sell. — Any act of giving aw ay any danger ous dr ug and/or contr olled pr ecur sor and essential chemical w hether for money or any other
consider ation.

(jj) Tr ading. — Tr ansactions involving the illegal tr afficking of danger ous dr ugs and/or contr olled pr ecur sor s and essential chemicals using
electr onic devices such as, but not limited to, tex t messages, e -mail, mobile or landlines, tw o-w ay r adios, inter net, instant messengers and chat
r ooms or acting as a br oker in any of such tr ansactions w hether for money or any other consider ation in violation of this Act .

(kk) Use. — Any act of injecting, intr avenously or intramuscular ly, of consuming, either by chew ing, smoking, sniffing, eating, sw allow ing,
dr inking or other wise introducing into the physiological system of the body, any of the danger ous dr ugs.

ARTICLE II

Unlaw ful Acts and Penalties

SECTION 4. Impor tation of Danger ous Dr ugs and/or Contr olled Pr ecur sors and Essential Chemicals. — The penalty of life impr isonment to
death and a fine r anging fr om Five hundr ed thousand pesos (P500,000.00) to Ten million pesos (P10,000,000.00) shall be impose d upon any per son,
w ho, unless authorized by law , shall impor t or br ing into the Philippines any danger ous dr ug, regar dless of the quantity and pur ity involved, in cluding
any and all species of opium poppy or any par t ther eof or substances der ived ther efrom even for flor al, decor ative and culi nar y pur poses.

The penalty of impr isonment r anging fr om twelve (12) year s and one (1) day to tw enty (20) year s and a fine r anging fr om One h undr ed
thousand pesos (P100,000.00) to Five hundr ed thousand pesos (P500,000.00) shall be imposed upon any per son, w ho, unless author ized by law , shall
impor t any contr olled pr ecur sor and essential chemical.

The max imum penalty pr ovided for under this Section shall be imposed upon any per son, w ho, unless author ized under this Act, shall impor t
or br ing into the Philippines any danger ous dr ug and/or contr olled pr ecur sor and essential chemical thr ough the use of a diplomatic passpor t,
diplomatic facilities or any other means involving his/her official status intended to facilitate the unlaw ful entr y of the s ame. In addition, the
diplomatic passpor t shall be confiscated and canceled.

The maximum penalty pr ovided for under this Section shall be imposed upon any per son, w ho organizes, manages or acts as a "fi nancier " of
any of the illegal activities pr escr ibed in this Section.

The penalty of tw elve (12) years and one (1) day to tw enty (20) years of impr isonment and a fine r anging fr om One hundr ed tho usand pesos
(P100,000.00) to Five hundr ed thousand pesos (P500,000.00) shall be imposed upon any per son, w ho acts as a "pr otector / coddler " of any violator of
the pr ovisions under this Section.

SECTION 5. Sale, Tr ading, Administr ation, Dispensation, Deliver y, Distribution and Tr anspor tation of Danger ous Drugs and/or Controlled
Pr ecur sors and Essential Chemicals. — The pena lty of life imprisonment to death and a fine ranging fr om Five hundr ed thousand pesos (P500,000.00)
to Ten million pesos (P10,000,000.00) shall be imposed upon any per son, w ho, unless author ized by law , shall sell, tr ade, adm inister , dispense,
deliver , give aw ay to another , distribute, dispatch in tr ansit or tr anspor t any danger ous drug, including any and all species of opium poppy r egar dle ss
of the quantity and pur ity involved, or shall act as a br oker in any of such tr ansactions.

The penalty of impr isonment r anging fr om twelve (12) year s and one (1) day to tw enty (20) year s and a fine r anging fr om One hundr ed
thousand pesos (P100,000.00) to Five hundr ed thousand pesos (P500,000.00) shall be imposed upon any per son, w ho, unless author ized by law , shall
sell, tr ade, administer , dispense, deliver , give aw ay to another , distr ibute, dispatch in tr ansit or transport any contr olled pr ecur sor and e ssential
chemical, or shall act as a br oker in such tr ansactions.

If the sale, tr ading, administr ation, dispensation, deliver y, distr ibution or transpor tation of any danger ous dr ug and/or contr olled pr ecur sor
and essential chemical tr anspir es within one hundr ed (100) meter s fr om the school, the max imum penalty shall be imposed in ev er y case.

For dr ug pusher s w ho use minors or mentally incapacitated individuals as runner s, cour ier s and messengers, or in any other capacity dir ectly
conne cted to the danger ous dr ugs and/or contr olled pr ecur sor s and essential chemicals tr ade, the max imum penalty shall be imp osed in ever y case.
 If the victim of the offense is a minor or a mentally incapacitated individual, or should a danger ous dr ug and/or a contr olled pr ecur sor an d
essential chemical involved in any offense her ein pr ovided be the pr ox imate cause of death of a victim ther eof, the max imum p enalty pr ovided for
under this Section shall be imposed.

The max imum penalty pr ovided for under this Section shall be imposed upon any per son w ho or ganizes, manages or acts as a "fin ancier " of
any of the illegal activities pr escr ibed in this Section.

The penalty of tw elve (12) years and one (1) day to tw enty (20) years of impr isonment and a fine r anging fr om One hundr ed thousand pe sos
(P100,000.00) to Five hundr ed thousand pesos (P500,000.00) shall be imposed upon any per son, w ho acts as a "pr otector /coddler " of any violator of
the pr ovisions under this Section.

SECTION 6. Maintenance of a Den, Dive or Resor t. — The penalty of life impr isonment to death and a fine r anging fr om Five hundr ed
thousand pesos (P500,000.00) to Ten million pesos (P10,000,000.00) shall be imposed upon any per son or group of per sons w ho shall maintain a den,
dive or r esor t where any danger ous dr ug is used or sold in any for m.

The penalty of impr isonment r anging fr om twelve (12) year s and one (1) day to tw enty (20) year s and a fine r angin g fr om One hundr ed
thousand pesos (P100,000.00) to Five hundr ed thousand pesos (P500,000.00) shall be imposed upon any per son or gr oup of per son s w ho shall maintain
a den, dive, or r esor t w here any contr olled pr ecur sor and essential chemical is used or sold in any for m.

The max imum penalty pr ovided for under this Section shall be imposed in ever y case w her e any danger ous dr ug is administered, deliver ed or
sold to a minor w ho is allow ed to use the same in such a place.

Should any danger ous dr ug be the pr ox im ate cause of the death of a person using the same in such den, dive or r esort, the penalty of death
and a fine r anging fr om One million (P1,000,000.00) to Fifteen million pesos (P15,000,000.00) shall be imposed on the maintai ner , ow ner and/or
oper ator .

If such den, dive or r esor t is ow ned by a thir d per son, the same shall be confiscated and escheated in favor of the gover nment: Pr ovided,
That the cr iminal complaint shall speci fica lly allege that such place is intentionally used in the further ance of the cr i me: Pr ovided, fur ther , That the
pr osecution shall pr ove such intent on the part of the ow ner to use the pr oper ty for such pur pose: Pr ovided, finally, That the ow ner shall be included
as an accused in the cr iminal complaint.

The max imum penalty pr ovided for under this Section shall be imposed upon any per son w ho or ganizes, manages or acts as a "financier " of
any of the illegal activities pr escr ibed in this Section.

The penalty of tw elve (12) years and one (1) day to tw enty (20) years of impr isonment and a fi ne r anging fr om One hundr ed thousand pesos
(P100,000.00) to Five hundr ed thousand pesos (P500,000.00) shall be imposed upon any per son, w ho acts as a "pr otector /coddler " of any violator of
the pr ovisions under this Section.

SECTION 7. Emp loyees and Visitors of a Den, Dive or Resor t. — The penalty of impr isonment r anging fr om tw elve (12) year s and one (1) day
to tw enty (20) year s and a fine r anging fr om One hundr ed thousand pesos (P100,000.00) to Five hundr ed thousand pesos (P500,00 0.00) shall be
imposed upon:

(a) Any employee of a den, dive or r esor t, w ho is aw are of the natur e of the place as such; and

(b) Any per son w ho, not being included in the pr ovisions of the nex t pr eceding par agr aph, is aw ar e of the natur e of the place as such and
shall know ingly visit the same.

SECTION 8. Manufactur e of Danger ous Dr ugs and/or Contr olled Pr ecur sors and Essential Chemicals. — The penalty of life impr isonment to
death and a fine r anging fr om Five hundr ed thousand pesos (P500,000.00) to Ten million pesos (P10,000,000.00) shall be imposed upon any per son,
w ho, unless author ized by law , shall engage in the manufactur e of any danger ous dr ug.

The penalty of impr isonment r anging fr om twelve (12) year s and one (1) day to tw enty (20) year s and a fine r anging fr om One h undr ed
thousand pesos (P100,000.00) to Five hundr ed thousand pesos (P500,000.00) shall be imposed upon any per son, w ho, unless author ized by law , shall
manufactur e any contr olled pr ecur sor and essential chemical.

The pr esence of any contr olled pr ecursor and essenti al chemical or labor atory equipment in the clandestine labor atory is apr ima facie pr oof
of manufactur e of any danger ous dr ug. It shall be consider ed an aggr avating cir cumstance if the clandestine labor atory is und er taken or established
under the follow ing cir cumstances:

(a) Any phase of the manufactur ing pr ocess w as conducted in the pr esence or w ith the help of minor /s;

(b) Any phase or manufacturing pr ocess w as established or under taken w ithin one hundr ed (100) meter s of a r esidential, business, chur ch or
school pr emises;

(c) Any clandestine labor ator y w as secur ed or protected w ith booby tr aps;

(d) Any clandestine labor ator y w as concealed w ith legitimate business oper ations; or

(e) Any employment of a pr actitioner , chemical engineer , public official or for e igner.

The maximum penalty pr ovided for under this Section shall be imposed upon any per son, w ho organizes, manages or acts as a "fi nancier " of
any of the illegal activities pr escr ibed in this Section.

The penalty of tw elve (12) years and one (1) day to tw enty (20) years of impr isonment and a fine r anging fr om One hundr ed thousand pesos
(P100,000.00) to Five hundr ed thousand pesos (P500,000.00) shall be imposed upon any per son, w ho acts as a "pr otector /coddler " of any violator of
the pr ovisions under this Section.

SECTION 9. Illega l Chemica l Diver sion of Contr olled Pr ecur sor s and Essential Chemicals. — The penalty of impr isonment ranging fr om tw elve
(12) year s and one (1) day to tw enty (20) year s and a fine r anging fr om One hundr ed thousand pesos (P100,000 .00) to Five hundr ed thousand pesos
(P500,000.00) shall be imposed upon any per son, w ho, unless author ized by law , shall illegally diver t any contr olled pr ecur so r and essential
chemical.

SECTION 10. Manufa ctur e or Delivery of Equipment, Instr ument, Appar atus, and Other Par apher nalia for Danger ous Dr ugs and/or Contr olled
Pr ecur sor s and Essential Chemicals. — The penalty of impr isonment r anging fr om twelve (12) year s and one (1) day to tw enty (20) year s and a fine
r anging fr om One hundr ed thousand pesos (P100,000.00) to Five hundr ed thousand pesos (P500,000.00) shall be imposed upon any per son w ho shall
deliver , possess w ith intent to deliver , or manufactur e w ith intent to deliver equipment, instr ument, appar atus and other par aphernalia for
danger ous dr ugs, know ing, or under cir cumstances w here one r easonably should know , that it w ill be used to plant, pr opagate, cultivate, gr ow ,
har vest, manufactur e, compound, conver t, pr oduce, pr ocess, pr epar e, test, analyze, pack, r epack, stor e, contain or conceal any danger ous dr ug
and/or contr olled pr ecur sor and essential chemical in violation of this Act.

The penalty of impr isonment r anging fr om six (6) months and one (1) day to four (4) year s and a fine r anging fr om Ten thousan d pesos
(P10,000.00) to Fifty thousand pesos (P50,000.00) shall be imposed if it w ill be used to inject, ingest, inhale or other w ise introdu ce into the human
body a danger ous dr ug in violation of this Act.

The max imum penalty pr ovided for under this Section shall be imposed upon any per son, w ho uses a minor or a mentally incapacitated
individual to deliver such equipment, instr ument, appar atus and other par aphernalia for dangerous dr ugs.

SECTION 11. Possession of Danger ous Dr ugs. — The penalty of life impr isonment to death and a fine r anging fr om Five hundr ed thousand
pesos (P500,000.00) to Ten million pesos (P10,000,000.00) shall be imposed upon any per son, w ho, unless author ized by law , sh all possess any
danger ous dr ug in the follow ing quantities, r egar dless of the degr ee of pur ity ther eof:
 (1) 10 gr ams or mor e of opium;

(2) 10 gr ams or mor e of mor phine;

(3) 10 gr ams or mor e of her oin; CTEDSI

(4) 10 gr ams or mor e of cocaine or cocaine hydr ochlor ide;

(5) 50 gr ams or mor e of methamphetamine hydr ochlor ide or "shabu";

(6) 10 gr ams or mor e of mar ijuana r esin or marijuana r esin oil;

(7) 500 gr ams or more of mar ijuana; and

(8) 10 gr ams or mor e of other danger ous drugs such as, but not limited to, methylenediox ymethamphetamine (MDMA) or "ecstasy",
par amethox yamphetamine (PMA), tr imethoxyamphetamine (TMA), lyser gic acid diethylamine (LSD), gamma hydr ox ybutyrate (GHB), and those
similar ly designed or new ly intr oduced dr ugs and their der ivatives, w ithout having any ther apeutic value or if the quantity p ossessed is far beyond
ther apeutic r equir ements, as deter mined and pr omulgated by the Boar d in accor dance to Section 93, Ar ticle XI of this Act.

Other w ise, if the quantity involved is less than the for egoing quantities, the penalties shall be gr aduated as follow s:

(1) Life impr isonment and a fine ranging fr om Four hundr ed thousand pesos (P400,000.00) to Five hundr ed thousand pesos (P500,000.00), if
the quantity of methamphetamine hydr ochlor ide or "shabu" is ten (10) gr ams or more but less than fifty (50) gr ams;

(2) Impr isonment of tw enty (20) year s and one (1) day to life impr isonment and a fine r anging fr om Four hundr ed thousand pesos
(P400,000.00) to Five hundr ed thousand pesos (P500,000.00), if the quantities of danger ous dr ugs ar e five (5) gr ams or mor e b ut less than ten (10)
gr ams of opium, mor phine, her oin, cocaine or cocaine hydr ochlor ide, mar ijuana r esin or marijuana r esin oil, methamphetamine hydr ochlor ide or
"shabu", or other danger ous dr ugs such as, but not limited to, MDMA or "ecstasy", PMA, TMA, LSD, GHB, and those similar ly de signed or new ly
intr oduced dr ugs and their derivatives, without having any therapeutic value or if the quantity possessed is far beyond thera peutic r equir ements; or
thr ee hundr ed (300) gr ams or more but less than five hundr ed (500) gr ams of mar ijuana; and

(3) Impr isonment of tw elve (12) year s and one (1) day to tw enty (20) year s and a fine r anging fr om Thr ee hundr ed thousand pesos
(P300,000.00) to Four hundr ed thousand pesos (P400,000.00), if the quantities of danger ous dr ugs ar e less than five (5) gr ams of opium, mor phine,
her oin, cocaine or cocaine hydr ochlor ide, mar ijuana r esin or marijuana resin oil, methamphetamine hydr ochlor ide or "shabu", o r other danger ous
dr ugs such as, but not limited to, MDMA or "ecstasy", PMA, TMA, LSD, GHB, and those similar ly d esigned or new ly intr oduced dr ugs and their
der ivatives, w ithout having any ther apeutic value or if the quantity possessed is far beyond ther apeutic r equir ements; or les s than thr ee hundr ed
(300) gr ams of mar ijuana.

SECTION 12. Possession of Equipment, Instr ument, Appar atus and Other Par apher nalia for Danger ous Dr ugs. — The penalty of imprisonment
r anging fr om six (6) months and one (1) day to four (4) year s and a fine r anging fr om Ten thousand pesos (P10,000.00) to Fift y thousand pesos
(P50,000.00) shall be imposed upon any per son, w ho, unless author ized by law , shall possess or have under his/her contr ol any equipment,
instr ument, appar atus and other par aphernalia fit or intended for smoking, consuming, administer ing, injecting, ingesting, or intr oducing any
danger ous dr ug into the body: Pr ovided, That in the case of medical pr actitioners and various pr ofessionals w ho ar e r equir ed to carry such equipment,
instr ument, appar atus and other par aphernalia in the pr actice of their pr ofession, the Boar d shall pr es cr ibe the necessar y implementing guidelines
ther eof.CAaEDH

The possession of such equipment, instr ument, appar atus and other parapher nalia fit or intended for any of the pur poses enumer ated in the
pr eceding par agr aph shall be prima facie evidence that the possessor has smoked, consumed, administer ed to himself/her self, injected , ingested or
used a danger ous dr ug and shall be pr esumed to have violated Section 15 of this Act.

SECTION 13. Possession of Danger ous Drugs During Parties, Social Gatherings or Meetings. — Any per son found possessing any danger ous dr ug
dur ing a par ty, or at a social gather ing or meeting, or in the pr ox imate company of at least tw o (2) per sons, shall suffer th e max imum penalties
pr ovided for in Section 11 of this Act, r egar dless of the quantity and pur ity of such danger ous dr ugs.

SECTION 14. Possession of Equipment, Instr ument, Appar atus and Other Par apher nalia for Danger ous Drugs During Parties, Social Gather ings
or Meetings. — The maximum penalty pr ovided for in Section 12 of this Act shall be imposed upon any per son, w ho shall possess or have under his/her
contr ol any equipment, instr ument, appar atus and other par aphernalia fit or intended for smoking, consuming, administer ing, i njecting, ingesting,
or intr oducing any danger ous dr ug into the body, dur ing par ties, social gather ings or meetings, or in the pr oximate company of at least tw o (2)
per sons.

SECTION 15. Use of Danger ous Drugs. — A per son appr ehended or arr ested, w ho is found to be positive for use of any dangerous dr ug, after
a confir mator y test, shall be imposed a penalty of a minimum of six (6) months r ehabilitation in a gover nment center for the fi r st offense, subject to
the pr ovisions of Ar ticle VIII of this Act. If appr ehended using any danger ous dr ug for the second time, h e/she shall suffer the penalty of
impr isonment r anging fr om six (6) year s and one (1) day to tw elve (12) year s and a fine r anging fr om Fifty thousand pesos (P5 0,000.00) to Tw o
hundr ed thousand pesos (P200,000.00): Pr ovided, That this Section shall not be applicable w her e the per son tested is also found to have in his/her
possession such quantity of any danger ous dr ug pr ovided for under Section 11 of this Act, in w hich case the pr ovisions stated ther ein shall apply.

SECTION 16. Cultivation or Cultur e of Plants Classified as Danger ous Dr ugs or are Sour ces Ther eof. — The penalty of life impr isonment to
death and a fine r anging fr om Five hundr ed thousand pesos (P500,000.00) to Ten million pesos (P10,000,000.00) shall be impose d upon any per son,
w ho shall plant, cultivate or cultur e mar ijuana, opium poppy or any other plant r egar dless of quantity, w hich is or may her eafter be classifie d as a
danger ous dr ug or as a sour ce fr om w hich any danger ous dr ug may be manufactur ed or der ived: Pr ovided, That in the case of medical labor ator ies
and medical r esear ch centers w hich cultivate or cultur e marijuana, opium poppy and other plants, or materials of such danger o us dr ugs for medical
ex per iments and r esearch pur poses, or for the cr eation of new types of medicine, the Boar d shall pr escr ibe the necessar y implementing guidelines
for the pr oper cultivation, cultur e, handling, ex per imentation and disposal of such plants and mater ials.

The land or por tions ther eof and/or gr eenhouses on w hich any of said plants is cultivated or cu ltur ed shall be con fiscated and escheated in
favor of the State, unless the ow ner ther eof can pr ove lack of know ledge of such cultivation or cultur e despite the ex er cise of due diligence on
his/her par t. If the land involved is par t of the public domain, t he max imum penalty pr ovided for under this Section shall be imposed upon the
offender .

The maximum penalty pr ovided for under this Section shall be imposed upon any per son, w ho organizes, manages or acts as a "fi nancier " of
any of the illegal activities pr escr ibed in this Section.

The penalty of tw elve (12) years and one (1) day to tw enty (20) years of impr isonment and a fine r anging fr om One hundr ed tho usand pesos
(P100,000.00) to Five hundr ed thousand pesos (P500,000.00) shall be imposed upon any per son, w ho acts as a "pr otector /coddler " of any violator of
the pr ovisions under this Section.

SECTION 17. Maintenance and Keeping of Or iginal Recor ds of Tr ansactions on Danger ous Dr ugs and/or Contr olled Pr ecur sor s and Essential
Chemicals. — The penalty of impr isonment r anging fr om one (1) year and one (1) day to six (6) year s and a fine r anging fr om Ten thousand pesos
(P10,000.00) to Fifty thousand pesos (P50,000.00) shall be imposed upon any pr actitioner , manufactur er , w holesaler , impor ter , distributor , dealer or
r etailer w ho violates or fails to comply w ith the maintenance and keeping of the or iginal r ecor ds of tr ansactions on any dang er ous dr ug and/or
contr olled pr ecur sor and essential chemical in accor dance w ith Section 40 of this Act.

An additional penalty shall be imposed thr ough the r evocation of the license to pr actice his/her pr ofession, in case of a pr actitioner , or of
the business, in case of a manufactur er , seller , impor ter , distributor, dealer or r etailer .

SECTION 18. Unne cessar y Pr escr iption of Danger ous Dr ugs. — The penalty of imprisonment r anging fr om tw elve (12) year s and one (1) day to
tw enty (20) year s and a fine r anging fr om One hundr ed thousand pesos (P100,000.00) to Five hundr ed thousand pesos (P500,000.0 0) and the
additional penalty of the r ev ocation of his/her license to pr actice shall be imposed upon the pr actitioner , w ho shall pr escr ibe any danger ous dr ug to
any per son w hose physical or physiological condition does not r equir e the use or in the dosage pr escr ibed ther ein, as deter mi ned by the Boar d in
consultation w ith r ecognized competent ex perts w ho ar e authorized r epr esentatives of pr ofessional or ganizations of practition ers, par ticular ly those
w ho ar e involved in the car e of per sons w ith sever e pain. aCTHDA

SECTION 19. Unlaw ful Pr escr iption of Danger ous Dr ugs. — The penalty of life impr isonment to death and a fine r anging fr om Five hundr ed
thousand pesos (P500,000.00) to Ten million pesos (P10,000,000.00) shall be imposed upon any person, w ho, unless author ized b y law , shall make or
issue a pr escr iption or any other w riting purporting to be a pr escr iption for any danger ous drug.

SECTION 20. Confiscation and For feitur e of the Pr oceeds or Instr uments of the Unlaw ful Act, Including the Pr oper ties or Proceeds Der ived
fr om the Illegal Tr afficking of Danger ous Dr ugs and/or Pr ecur sors and Essential Chemicals. — Ever y penalty imposed for the unlaw ful impor tation,
sale, tr ading, administration, dispensation, deliver y, distr ibution, tr ansportation or manufactur e of any danger ous dr ug and/ or contr olled pr ecursor
and essential chemical, the cultivation or cultur e of plants w hich ar e sour ces of dangerous dr ugs, and the possession of any equipment, instr ument,
appar atus and other par apher nalia for danger ous drugs including other labor ator y equipm ent, shall car r y w ith it the confiscation and for feitur e, in
favor of the gover nment, of all the pr oceeds and pr oper ties der ived fr om the unlaw ful act, including, but not limited to, mon ey and other assets
obtained ther eby, and the instruments or tools w it h w hich the particular unlaw ful act w as committed, unless they ar e the pr oper ty of a thir d per son
not liable for the unlaw ful act, but those w hich ar e not of law ful commer ce shall be or der ed destr oyed w ithout delay pur suant to the pr ovisions of
Section 21 of this Act.

After conviction in the Regional Tr ial Cour t in the appr opr iate cr iminal case filed, the Cour t shall immediately schedule a h ear ing for the
confiscation and for feitur e of all the pr oceeds of the offense and all the assets and pr oper ties of the accused either ow ned or held by him or in the
name of some other per sons if the same shall be found to be manifestly out of pr opor tion to his/her law ful income: Pr ovided, how ever , That if the
for feited pr oper ty is a vehicle, the same shall be auctioned off not later than five (5) days upon or der of confiscation or for feitur e.

Dur ing the pendency of the case in the Regional Tr ial Cour t, no pr oper ty, or income der ived therefrom, w hich may be confiscat ed and
for feited, shall be disposed, alienated or tr ansfer red and the same shall be in custodia legis and no bond shall be admitted for the r elease of the
same.

The pr oceeds of any sale or disposition of any pr oper ty confiscated or for feited under this Section shall be used to pay all pr oper ex penses
incur r ed in the pr oceedings for the confiscation, for feitur e, custody and maintenance of the pr oper ty pending disposition, as w ell as ex p enses for
publication and cour t costs. The pr oceeds in ex cess of the above ex penses shall accr ue to the Boar d to be used in its cam paign against illegal
dr ugs. TCacIA

SECTION 21. Custody and Disposition of Confiscated, Seized, and/or Sur r ender ed Dangerous Drugs, Plant Sour ces of Danger ous
Dr ugs, Contr olled Pr ecur sor s and Essential Chemicals, Instr uments/Par aphernalia and/or Laboratory Equipment. — The PDEA shall take char ge and
have custody of all danger ous dr ugs, plant sour ces of danger ous dr ugs, contr olled pr ecur sor s and essential chemicals, as w ell as
instr uments/paraphernalia and/or labor atory equipment so confiscated, seized and/o r sur rendered, for pr oper disposition in the follow ing manner :

(1) The appr ehending team having initial custody and contr ol of the dr ugs shall, immediately after seizur e and confiscation, phys ically
inventory and photogr aph the same in the pr esence of the accused or the per son/s fr om w hom such items w er e confiscated and/or seized, or his/her
r epr esentative or counsel, a r epr esentative fr om the media and the Depar tment of Justice (DOJ), and any elected public offici al w ho shall be
r equir ed to sign the copies of the inventor y and be given a copy ther eof;

(2) Within tw enty-four (24) hour s upon confiscation/seizur e of danger ous dr ugs, plant sour ces of danger ous dr ugs, contr olled pr ecur sors and
essential chemicals, as w ell as instr uments/paraphernalia and/or labo r atory equipment, the same shall be submitted to the PDEA For ensic
Labor ator y for a qualitative and quantitative ex amination;

(3) A cer tification of the for ensic labor atory ex amination r esults, w hich shall be done under oath by the for ensic labor ator y ex a miner , shall
be issued within tw enty-four (24) hour s after the receipt of the subject item/s:Pr ovided, That w hen the volume of the danger ous dr ugs, plant sour ces
of danger ous dr ugs, and contr olled pr ecur sor s and essential chemicals does not allow the comple tion of testing w ithin the time fr ame, a par tial
labor ator y ex amination report shall be pr ovisionally issued stating ther ein the quantities of danger ous dr ugs still to be ex a mined by the for ensic
labor ator y: Pr ovided, how ever, That a final cer tification shall be issued on the completed for ensic labor ator y ex amination on the same w ithin the
nex t tw enty-four (24) hour s;

(4) After the filing of the cr iminal case, the Cour t shall, w ithin seventy -tw o (72) hour s, conduct an ocular inspection of the confiscated,
seized and/or sur r endered danger ous drugs, plant sour ces of danger ous dr ugs, and contr olled pr ecur sor s and essential chemicals , including the
instr uments/paraphernalia and/or labor atory equipment, and thr ough the PDEA shall w ithin tw enty -four (24) hour s ther eafter pr oceed w ith the
destr uction or bur ning of the same, in the presence of the accused or the per son/s fr om w hom such items w er e confiscated and/ or seized, or his/her
r epr esentative or counsel, a r epr esentative fr om the media and the DOJ, civil societ y gr oups and any elected pub lic official. The Boar d shall dr aw up
the guidelines on the manner of proper disposition and destr uction of such item/s w hich shall be bor ne by the offender : Pr ovided, That those item/s
of law ful commer ce, as determined by the Boar d, shall be donated, used or r ecycled for legitimate pur poses:Pr ovider , further , That a repr esentative
sample, duly w eighed and r ecor ded is r etained;

(5) The Boar d shall then issue a sw or n cer tification as to the fact of destr uction or bur ning of the su bject item/s w hich, together w ith the
r epr esentative sample/s in the custody of the PDEA, shall be submitted to the cour t having jur isdiction over the case. In all instances, the
r epr esentative sample/s shall be kept to a minimum quantity as deter mined by the Boar d;

(6) The alleged offe nder or his/her r epr esentative or counsel shall be allow ed to per sonally obser ve all of the above pr oceedings and his/her
pr esence shall not constitute an admission of guilt. In case the said offender or accused r efuses or fa ils to appoint a r epr esentative after due notice
in w r iting to the accused or his/her counsel w ithin seventy -tw o (72) hour s befor e the actual bur ning or destr uction of the evidence in question, the
Secr etar y of Justice shall appoint a member of the public attor ney's office to r epr esent the for mer;

(7) After the pr omulgation and judgment in the cr iminal case w her ein the r epr esentative sample/s w as pr esented as evidence in cou r t, the
tr ial pr osecutor shall infor m the Boar d of the final ter mination of the case and, in tur n, shall r equest the cour t for leave to tur n over the said
r epr esentative sample/s to the PDEA for pr oper disposition and destr uction w ithin tw enty-four (24) hour s fr om r eceipt of the same; and

(8) Tr ansitory Pr ovision: a) Within tw enty -four (24) hour s fr om the effectivity of this Act, danger ous dr ugs defined her ein w hich ar e
pr esently in possession of law enfor cement agencies shall, w ith leave of cour t, be bur ned or destr oyed, in the pr esence of r e pr esentatives of the
Cour t, DOJ, Depar tment of Health (DOH) and the accused and/or his/her counsel, and, b) Pending the or ganization of the PDEA, the custody,
disposition, and bur ning or destr uction of seized/sur rendered danger ous drugs provided under this Section shall be implemente d by the DOH.

SECTION 22. Gr ant of Compensation, Rew ar d and Aw ar d. — The Boar d shall r ecommend to the concer ned gover nment agency the gr ant of
compensation, r ew ard and aw ar d to any per son pr oviding infor mation and to law enfor cer s par ticipating in the oper ation, w hich r esults in the
successful confiscation, seizur e or surrender of danger ous dr ugs, plant sour ces of danger ous dr ugs, and contr olled pr ecur sor s and essential
chemicals.

SECTION 23. P lea-Bar gaining Pr ovision. — Any per son charged under any provision of this Act r egar dless of the imposable penalty shall not be
allow ed to avail of the pr ovision on plea-bar gaining.

SECTION 24. Non-App licabi lity of the Pr obation Law for Dr ug Tr afficker s and Pushers. — Any per son convicted for drug tr afficking or pushing
under this Act, r egar dless of the penalty imposed by the Court, cannot avail of the pr ivilege granted by the Pr obation Law or Presidential Decr ee No.
968, as amended.

SECTION 25. Q ualifying Aggr avating Cir cumstances in the Commission of a Cr im e by an Offender Under the Influen ce of Danger ous Dr ugs. —
Notw ithstanding the pr ovisions of any law to the contr ar y, a positive finding for the use of danger ous dr ugs shall be a quali fying aggr avating
cir cumstance in the commission of a cr ime by an offender , and the application of the penalty pr ovided for in the Revised Penal Code shall be
applicable.

SECTION 26. Attempt or Conspir acy. — Any attempt or conspir acy to commit the follow ing unlaw ful acts shall be penalized by the same
penalty pr escr ibed for the commission of the same as pr ovided under this Act:

(a) Impor tation of any danger ous dr ug and/or contr olled pr ecur sor and essential chemical;
 (b) Sa le , tr ading, administr ation, dispensation, delivery, distribution and tr ansportation of any danger ous dr ug and/or contr olled pr ecur sor
and essential chemical;

(c) Maintenance of a den, dive or r esor t w here any danger ous drug is used in any for m;

(d) Manufactur e of any danger ous dr ug and/or contr olled pr ecur sor and essential chemical; and

(e) Cultivation or cultur e of plants w hich ar e sour ces of danger ous dr ugs.

SECTION 27. Cr iminal Liability of a Public Officer or Employee for Misappr opr iation, Misapplication or Failur e to Account for the
Confiscated, Seized and/or Sur r ender ed Dangerous Drugs, Plant Sour ces of Danger ous Dr ugs, Contr olled Pr ecur sors and Essential
Chemicals, Instr uments/Par aphernalia and/or Labor atory Equipment Including the Pr oceeds or Pr oper ties Obtained fr om the Unlaw ful Act
Committed. — The penalty of life impr isonment to death and a fine r angi ng fr om Five hundr ed thousand pesos (P500,000.00) to Ten million pesos
(P10,000,000.00), in addition to absolute per petual disqualification fr om any public office, shall be imposed upon any public officer or employee w ho
misappr opr iates, misapplies or fails to account for confiscated, seized or surrender ed danger ous drugs, plant sour ces of danger ous dr ugs, contr olled
pr ecur sors and essential chemicals, instr uments/par apher nalia and/or labor ator y equipment including the pr oceeds or pr oper ties obtained fr om the
unlaw ful acts as pr ovided for in this Act.

Any elective local or national official found to have benefited fr om the pr oceeds of the tr afficking of danger ous dr ugs as pr escr ibed in this
Act, or have r eceived any financial or mater ial contributions or don ations fr om natur al or jur idical persons found guilty of tr afficking dangerous dr ugs
as pr escr ibed in this Act, shall be r emoved fr om office and per petually disqualified fr om holding any elective or appointive positions in the
gover nment, its divisions, subdivisions, and inter mediaries, including gover nment -ow ned or -contr olled cor por ations. HACaSc

SECTION 28. Cr iminal Liability of Gover nment Officials and Employees. — The max imum penalties of the unlaw ful acts pr ovided for in this
Act shall be imposed, in addition to absolute per petual disqualification fr om any public office, if those found guilty of such unlaw ful acts ar e
gover nment officials and employees.

SECTION 29. Cr iminal Liability for Planting of Evidence. — Any per son w ho is found guilty of "planting" any danger ous dr ug and/or contr olled
pr ecur sor and essential chemical, r egar dless of quantity and pur ity, shall suffer the penalty of death.

SECTION 30. Cr iminal Liability of Officer s of Par tner ships, Cor porations, Associations or Other Jur idical Entities. — In case any violation of
this Act is committed by a par tner ship, cor por ation, association or any jur idical entity, the par tner , pr esident, dir ector, m anager, tr ustee, estate
administr ator, or officer w ho consents to or know ingly toler ates such violation shall be held cr iminally liable as a co-pr incipal.

The penalty pr ovided for the offense under this Act shall be imposed upon the par tner , pr esident, director , manager, trustee, estate
administr ator, or officer w ho know ingly author izes, toler ates or consents to the use of a vehicle, vessel, air cr aft, equipment or other facility, as an
instr ument in the importation, sale, tr ading, administr ation, dispensation, delivery, distribution, transportation or manufac tur e of danger ous dr ugs,
or chemical diver sion, if such vehicle, vessel, air cr aft, equipment or other instrument is ow ned by or under the contr ol or super vision of th e
par tner ship, cor poration, association or jur idical entity to w hich they ar e affiliated.

SECTION 31. Additional Penalty if Offender is an Alien. — In addition to the penalties pr escr ibed in the unlaw ful act committed, any alien
w ho violates such pr ovisions of this Act shall, after ser vice of sentence, be depor ted immediately without fur ther pr oceeding s, unless the penalty is
death.

SECTION 32. Liability to a Per son Violating Any Regulation Issued by the Boar d. — The penalty of impr isonment r anging fr om six (6) months
and one (1) day to four (4) year s and a fine ranging fr om Ten thousand pesos (P10,000.00) to Fifty thousand pesos (P50, 000.00) shall be imposed upon
any per son found violating any r egulation duly issued by the Boar d pur suant to this Act, in addition to the administr ative sa nctions imposed by the
Boar d.

SECTION 33. Immunity fr om Pr osecution and Punishment. — Notw ithstanding the pr ovisions of Section 17, Rule 119 of the Revised Rules of
Cr iminal Pr ocedur e and the pr ovisions of Republic Act No. 6981 or the Witness Pr otection, Secur ity and Benefit Act of 1991, any per son w ho has
violated Sections 7, 11, 12, 14, 15, and 19, Ar ticle II of this Act, w ho voluntar ily gives infor mation about any violat ion of Sections 4, 5, 6, 8, 10, 13,
and 16, Ar ticle II of this Act as w ell as any violation of the offenses mentioned if committed by a dr ug syndicate, or any in for mation leading to the
w her eabouts, identities and arr est of all or any of the member s ther eo f; and w ho w illingly testifies against such persons as descr ibed above, shall be
ex empted fr om pr osecution or punishment for the offense w ith r efer ence to w hich his/her infor mation of testimony w ere given, and may plead or
pr ove the giving of such infor mation and testimony in bar of such pr osecution: Pr ovided, That the follow ing conditions concur :

(1) The infor mation and testimony ar e necessar y for the conviction of the per sons descr ibed above;

(2) Such infor mation and testimony ar e not yet in the possession of the State;

(3) Such infor mation and testimony can be cor r obor ated on its mater ial points;

(4) The infor mant or w itness has not been pr eviously convicted of a cr ime involving mor al tur pitude, ex cept w hen ther e is no othe r dir ect
evidence available for the State other than the infor mation and testimony of said infor mant or w itness; and

(5) The infor mant or w itness shall str ictly and faithfully comp ly w ithout delay, any condition or under taking, r educed into writi ng, law fully
imposed by the State as fur ther consider ation for the gr ant of immunity fr om prosecution and punishment.

Pr ovided, fur ther , That this immunity may be enjoyed by such infor mant or w itness w ho does not appear to be most guilty for the offense
w ith r efer ence to w hich his/her infor mation or testimony w ere given: Pr ovided, finally, That ther e is no dir ect evidence available for the State
ex cept for the infor mation and testimony of the said infor mant or w itness.

SECTION 34. Ter mination of the Gr ant of Immunity. — The immunity granted to the informant or w itness, as pr escr ibed in Section 33 of this
Act, shall not attach should it tur n out subsequently that the infor mation and/or testimony is false, malicious or made only for the pur pose of
har assing, molesting or in any w ay pr ejudicing the per sons described in the pr eceding Section against w hom such information or testimony is directed
against. In such case, the infor mant or witness shall be subject to pr osecution and the enjoyment of all r ights and benefits pr eviously accor ded him
under this Act or any other law , decr ee or or der shall be deemed ter minated.

In case an infor mant or w itness under this Act fails or r efuses to testify w ithout just cause, and w hen law fully obliged to d o so, or should
he/she violate any condition accompanying such imm unity as pr ovided above, his/her immunity shall be r emoved and he/she shall likew ise be
subject to contempt and/or cr iminal pr osecution, as the case may be, and the enjoyment of all r ights and benefits pr eviously accor ded him under
this Act or in any other law , decr ee or or der shall be deemed ter minated.

In case the infor mant or w itness r eferr ed to under this Act falls under the applicability of this Section her eof, such indivi dual cannot avail of
the pr ovisions under Ar ticle VIII of this Act.

SECTION 35. Accessor y Penalties. — A per son convicted under this Act shall be disqualified to ex er cise his/her civil r ights such as but not
limited to, the rights of par ental authority or guar dianship, either as to the per son or pr oper ty of any w ar d, the r ights to dispose of such pr oper ty by
any act or any conveyance inter vivos, and political r ights such as but not limited to, the r ight to vote and be voted for . Such r ights shall also be
suspended dur ing the pendency of an appeal fr om such conviction.

ARTICLE III

Danger ous Dr ugs Test and Recor d Requir ements

SECTION 36. Author ized Drug Testing. — Author ized dr ug testing shall be done by any government for ensic labor atories or by any of the dr ug
testing labor ator ies accr edited and monitor ed by the DOH to safeguar d the qu ality of test results. The DOH shall take steps in setting the price of the
dr ug test with DOH accr edited dr ug testing center s to fur ther r educe the cost of such dr ug test. The dr ug testing shall emplo y, among others, tw o (2)
testing methods, the scr eening test w hich w ill determine the positive r esult as w ell as the type of the drug used and the confir mator y test w hich w ill
confir m a positive scr eening test. Dr ug test cer tificates issued by accr edited dr ug testing center s shall be valid for a one -year per iod fr om the date of
issue w hich may be used for other pur poses. The follow ing shall be subjected to under go dr ug testing:

(a) App li cants for driver 's license. — No dr iver 's license shall be issued or r enew ed to any per son unless he/she pr esents a cer tificat ion that
he/she has under gone a mandator y dr ug test and indicating ther eon that he/she is fr ee fr om the use of danger ous dr ugs;

(b) App licants for firear m's license and for permit to carry fir ear ms outside of r esidence. — All app licants for fir earm's license and per mit to
carry fir earms outside of r esidence shall under go a mandatory dr ug test to ensur e that they ar e fr ee fr om the use of danger ou s dr ugs: Pr ovided, That
all per sons w ho by the natur e of their pr ofession car r y fir earms shall under go dr ug testin g;

(c) Students of secondar y and ter tiar y schools. — Students of secondar y and ter tiary schools shall, pur suant to the r elated r ules and
r egulations as contained in the school's student handbook and w ith notice to the par ents, under go a r andom dr ug testing : Pr ovided, That all dr ug
testing ex penses w hether in public or pr ivate schools under this Section w ill be bor ne by the gover nment;

(d) Officer s and employees of public and pr ivate offices. — Officer s and employees of public and pr ivate offices, w hether domestic or
over seas, shall be subjected to under go a r andom dr ug test as contained in the company's w or k r ules and r egulations, w hich sh all be bor ne by the
employer , for pur poses of r educing the r isk in the w or kplace. Any officer or employee found positive for use of danger ous dr ugs shall be dealt w ith
administr atively w hich shall be a gr ound for suspension or ter mination, subject to the pr ovisions of Ar ticle 282 of the Labor Code and per tinent
pr ovisions of the Civil Ser vice Law ;

(e) Officer s and member s of the militar y, police and other law enfor cement agencies. — Officer s and member s of the militar y, police and
other law enfor cement agencies shall under go an annual mandator y dr ug test;

(f) All per sons char ged befor e the pr osecutor 's office w ith a cr iminal offense having an imposable penalty of impr isonment of not less than
six (6) year s and one (1) day shall have to under go a mandator y dr ug test; and

(g) All candidates for public office w hether appointed or elected both in the national or local gover nment shall under go a mandator y dr ug
test.

In addition to the above stated penalties in this Section, those found to be positive for dangerous dr ugs use shall be subjec t to the pr ovisions
of Section 15 of this Act.

SECTION 37. Issuance of False or Fr audulent Dr ug Test Results. — Any per son author ized, licensed or accr edited under this Act and its
implementing r ules to conduct dr ug ex amination or test, w ho issues false or fr audulent dr ug test r esults know ingly, w illfully or thr ough gr oss
negligence, shall suffer the penalty of impr isonment r anging fr om six (6) year s and one (1) day to tw elve (12) year s and a fine r anging fr om One
hundr ed thousand pesos (P100,000.00) to Five hundr ed thousand pesos (P500,000.00).

An additional penalty shall be imposed thr ough the rev ocation of the license to practice his/her pr ofession in case of a pr actitioner , and the
closur e of the dr ug testing center .

SECTION 38. Labor ator y Examination or Test on Appr ehended/Ar r ested Offender s. — Subject to Section 15 of this Act, any per son
appr ehended or arrested for violating the pr ovisions of this Act shall be subjected to scr eening labor ator y ex amination or te st within tw enty-four (24)
hour s, if the appr ehending or ar resting officer has r easonable gr ound to believe that the per son appr ehe nded or ar r ested, on account of physical
signs or symptoms or other visible or outw ard manifestation, is under the influence of danger ous dr ugs. If found to be positi ve, the r esults of the
scr eening labor ator y ex amination or test shall be challenged w ithin fifteen (15) days after r eceipt of the r esult thr ough a confir mator y test
conducted in any accr edited analytical labor ator y equipment w ith a gas chr omatograph/mass spectr ometry equipment or some such moder n and
accepted method, if confir med the same shall be pr ima facie evidence that such per son has used danger ous dr ugs, w hich is w ithout pr ejudice for the
pr osecution for other violations of the pr ovisions of this Act: Pr ovided, That a positive scr eening laboratory test must be confir med for it to be valid
in a cour t of law .

SECTION 39. Accr editation of Drug Testing Center s and Physicians. — The DOH shall be tasked to license and accr edit dr ug testing centers in
each pr ovince and city in or der to assur e their capacity, competence, integr ity and stability to conduct the labor ator y ex aminations and tests
pr ovided in this Ar ticle, and appoint such techni cal and other per sonnel as may be necessar y for the effective implementation of this provision. The
DOH shall also accr edit physicians w ho shall conduct the dr ug dependency ex amination of a dr ug dependent as w ell as the after -car e and follow -up
pr ogr am for the said dr ug dependent. Ther e shall be a contr ol r egulations, licensing and accr editation division under the sup er vision of the DOH for
this pur pose.

For this pur pose, the DOH shall establish, oper ate and maintain dr ug testing center s in gover nment hospitals, w hich must be pr ovided a t
least w ith basic technologically advanced equipment and mater ials, in or der to conduct the labor ator y ex amination and tests h er ein pr ovided, and
appoint such qualified and duly tr ained technical and other per sonnel as may be necessar y for the effective implementation of this pr ovision.

SECTION 40. Recor ds Requir ed for Tr ansactions on Danger ous Dr ugs and Pr ecur sors and Essential Chem icals. —

a) Ever y phar macist dealing in danger ous dr ugs and/or contr olled pr ecur sors and essential chemicals shall maintain and keep an o r iginal
r ecor d of sales, pur chases, acquisitions and deliver ies of danger ous dr ugs, indicating ther ein the follow ing in for mation:

(1) License number and addr ess of the phar macist;

(2) Name, addr ess and license of the manufactur er , impor ter or w holesaler fr om w hom the danger ous dr ugs have been pur chased;

(3) Quantity and name of the danger ous dr ugs pur chased or acquir ed;

(4) Date of acquisition or pur chase;

(5) Name, addr ess and community tax cer tificate number of the buyer ;

(6) Ser ial number of the pr escr iption and the name of the physician, dentist, veter inar ian or pr actitioner issuing the same;

(7) Quantity and name of the danger ous dr ugs sold or deliver ed; and

(8) Date of sale or deliver y.

A cer tified tr ue copy of such r ecor d cover ing a per iod of six (6) months, duly signed by the phar macist or the ow ner of the d r ugstore,
phar macy or chemical establishment, shall be for w ar ded to the Boar d w ithin fifteen (15) days follow ing the last day of June and December of each
year , w ith a copy ther eof fur nished the city or municipal health officer concer ned.

(b) A physician, dentist, veter inarian or pr actitioner authorized to pr escr ib e any danger ous dr ug shall issue the pr escr iption ther efor in one
(1) or iginal and tw o (2) duplicate copies. The or iginal, after the pr escr iption has been filled, sha ll be r etained by the pharmacist for a per iod of one
(1) year fr om the date of sale or deliver y of such dr ug. One (1) copy shall be r etained by the buyer or by the per son to w hom the dr ug is deliver ed
until such dr ug is consumed, w hile the second copy shall be r etained by the per son issuing the pr escr iption.

For pur poses of this Act, all pr escr iptions issued by physicians, dentists, veterinarians or pr actitioner s shall be written on forms ex clusively
issued by and obtainable fr om the DOH. Such for ms shall be made of a special kind of paper and shall be distr ibuted in such q uantities and contain
such infor mation and other data as the DOH may, by r ules and r egulations, r equir e. Such for ms shall only be issued by the DOH thr ough its authorized
employees to licensed physicians, dentists, veter inarians and pr actitioners in such quantities as the Boar d may author ize. In emer gency cases,
how ever , as the Boar d may specify in the public inter est, a pr escription need not be accomplished on such for ms. The pr escrib ing physician, dentist,
veter inarian or practitioner shall, w ithin thr ee (3) days after issuing such pr escr iption, infor m the DOH of the same in w r iting. No pr escr iption once
ser ved by the dr ugstore or pharmacy be r eused nor any pr escr iption once issued be r efilled.
 (c) All manufactur er s, w holesaler s, distr ibutor s, impor ter s, dealer s and r etailer s o f danger ous dr ugs and/or contr olled pr ecur sor s and
essential chemicals shall keep a r ecor d of all inventor ies, sales, pur chases, acquisitions and deliver ies of the same as w ell as the names, addr esses
and licenses of the per sons fr om w hom such items w ere pur chased or acquir ed or to w hom such items w er e sold or deliver ed, the name and quantity
of the same and the date of the tr ansactions. Such r ecor ds may be subjected anytime for r eview by the Boar d.

ARTICLE IV

Par ticipation of the Family, Students, Teacher s and School Author ities in the Enfor cement of this Act

SECTION 41. Involvement of the Family. — The family being the basic unit of the Filipino society shall be pr imar ily responsible for the
education and aw ar eness of the member s of the family on the ill effects of danger ous dr ugs and close monitor ing of family member s w ho may be
susceptible to dr ug abuse.

SECTION 42. Student Councils and Campus Or ganizations. — All elementar y, secondar y and ter tiar y schools' student councils and campus
organizations shall include in their activities a pr ogram for the pr evention of and deterrence in the use of dangerous dr ugs, and r eferr al for tr eatment
and r ehabilitation of students for dr ug dependence.

SECTION 43. School Cur r icula. — Instr uction on dr ug abuse pr evention and contr ol shall be integr ated in the elementar y, secondar y and
ter tiary cur ricula of all public and pr ivate schools, w hether gener al, technical, vocational or agr o -industr ial as w ell as in non-for mal, infor mal and
indigenous lear ning systems. Such instr uctions shall include:

(1) Adver se effects of the abuse and misuse of danger ous dr ugs on the per son, the family, the school and the community;

(2) Pr eventive measures against drug abuse;

(3) Health, socio-cultur al, psychological, legal and economic dimensions and implications of the dr ug pr oblem;

(4) Steps to take w hen inter vention on behalf of a dr ug dependent is needed, as w ell as the ser vices available for the tr eatment and
r ehabilitation of dr ug dependents; and

(5) Misconceptions about the use of danger ous dr ugs such as, but not limited to, the impor tance and safety of danger ous dr ugs for medical
and ther apeutic use as w ell as the differ entiation betw een medical patients and dr ug dependents in or der to avoid confusion a nd accidental
stigmatization in the consciousness of the students.

SECTION 44. Heads, Super visor s, and Teacher s of Schools. — For the pur pose of enfor cing the pr ovisions of Ar ticle II of this Act, all school
heads, super visor s and teacher s shall be deemed per sons in author ity and, as such, ar e her eby empow ered to appr ehend, ar r est or cause the
appr ehension or arrest of any per son w ho shall violate any of the said pr ovisions, pur suant to Section 5, Rule 113 of the Rules of Cour t. They shall be
deemed per sons in author ity if they ar e in the school or w ithin its immediate vicinity, or even beyond such immediate vicinity if they ar e in
attendance at any school or class function in their official capacity as school heads, super visors, and teacher s.

Any teacher or school employee, w ho discover s or finds that any per son in the school or w ithin its immediate vicinity is liable for violating
any of said pr ovisions, shall have the duty to r epor t the same to the school head or immediate super ior w ho shall, in tur n, r epor t the matter to the
pr oper author ities.

Failur e to do so in either case, w ithin a r easonable per iod fr om the time of discover y of the violation shall, after due hear ing, constitute
sufficient cause for disciplinar y action by the school author ities. cSHATC

SECTION 45. Publication and Distr ibution of Mater ials on Danger ous Drugs. — With the assistance of the Boar d, the Secr etar y of the
Department of Education (DepEd), the Chairman of the Commission on Higher Education (CHED) and the Dir ector -Gener al of the Technical Edu cation
and Skills Development Authority (TESDA) shall cause the development, publi cation and distr ibution of infor mation and suppor t educational mat er ials
on danger ous dr ugs to the students, the faculty, the par ents, and the community.

SECTION 46. Special Dr ug Education Center . — With the assistance of the Boar d, the Depar tment of the Inter ior and Local Gover nment
(DILG), the National Youth Commission (NYC), and the Department of Social Welfar e and Development (DSWD) shall establish in e ach of its pr ovincial
office a special education dr ug center for out-of-schoo l youth and str eet childr en. Such Center w hich shall be headed by the Pr ovincial Social Welfar e
Development Officer shall sponsor dr ug pr evention pr ograms and activities and infor mation campaigns w ith the end in view of e ducating the
out-of-school youth and str eet childr en r egarding the per nicious effects of dr ug abuse. The pr ogr ams initiated by the Center shall likew ise be
adopted in all public and pr ivate or phanage and ex isting special center s for str eet childr en.

ARTICLE V

Pr omotion of a National Drug-Fr ee Workplace Pr ogram with the Par ticipation of Pr ivate and Labor Sector s and the Depar tment of Labor and
Employment

SECTION 47. Dr ug-Fr ee Wor kplace. — It is deemed a policy of the State to pr omote dr ug -fr ee w orkplaces using a tr ipar tite appr oach. With
the assistance of the Boar d, the Depar tment of Labor and Employment (DOLE) shall develop, pr omote and implement a national dr ug abuse
pr evention pr ogram in the w orkplace to be adopted by pr ivate companies w ith ten (10) or mor e employees. Such pr ogr am shall include the
mandator y dr afting and adoption of company policies against dr ug use in the w or kplace in close consultation and coor dination w ith the DOLE, labor
and employer or ganizations, human r esource development manager s and other such pr ivate sector or ganizations.

SECTION 48. G uidelines for the National Dr ug-Fr ee Workplace Pr ogr am. — The Boar d and the DOLE shall for mulate the necessar y guidelines
for the implementation of the national dr ug -fr ee w or kplace pr ogr am. The amount necessary for the implementation of w hich shall be included in the
annual Gener al Appr opr iations Act.

ARTICLE VI

Par ticipation of the Pr ivate and Labor Sector s in the Enfor cement of this Act

SECTION 49. Labor Or ganizations and the Pr ivate Sector . — All labor unions, feder ations, associations, or or ganizations in cooper ation w ith
the r espective pr ivate sector par tners shall include in their collective bar gaining or any similar agreements, joint continui ng pr ogr ams and
infor mation campaigns for the labor er s similar to the pr ograms pr ovided under Section 47 of this Act w ith the end in view of achieving a dr ug fr ee
w or kplace.

SECTION 50. Gover nment Assistance. — The labor sector and the r espective par tner s may, in pur suit of the pr ogr ams mentioned in the
pr eceding Section, secur e the technical assistance, such as but not limited to, seminars and infor mation dissemination campaigns of the appr opriate
gover nment and law enfor cement agencies.

ARTICLE VII

Par ticipation of Local Gover nment Units

SECTION 51. Loca l Gover nment Units' Assistance. — Local gover nment units shall appr opriate a substantial portion of their r espective annual
budgets to assist in or enhance the enfor cement of this Act giving pr iority to preventive or educational pr ogr ams and the r eh abilitation or tr eatment
of dr ug dependents.

SECTION 52. Abatement of Dr ug Related Public Nuisances. — Any place or pr emises w hich have been used on tw o or mor e occasions as the
site of the unlaw ful sale or delivery of danger ous dr ugs may be declar ed to be a public nuisance , and such nuisance may be abated, pur suant to the
follow ing pr ocedur es:

(1) Any city or municipality may, by or dinance, cr eate an administr ative board to hear complaints r egar ding the nuisances;
 (2) Any employee, officer , or r esident of the city or municipality may bring a complaint befor e the Boar d after giving not less than thr ee (3)
days w r itten notice of such complaint to the ow ner of the place or pr emises at his/her last know n addr ess; and

(3) After hearing in w hich the Boar d may consider any evidence, including evidence of the gener al r eputation of the place or pr emises, and
at w hich the ow ner of the pr emises shall have an opportunity to pr esent evidence in his/her defense, the Boar d may declar e th e place or pr emises to
be a public nuisance.

SECTION 53. Effect of Boar d Declar ation. — If the Boar d declar es a place or pr emises to be a public nuisance, it may declar e an or der
immediately pr ohibiting the conduct, oper ation, or maintenance of any business or activity on the pr emises w hich is conduc ive to such nuisance.

An or der enter ed under this Section shall ex pir e after one (1) year or at such ear lier time as stated in the or der . The Boar d may br ing a
complaint seeking a per manent injunction against any nuisance descr ibed under this Section.

This Ar ticle does not r estr ict the r ight of any per son to pr oceed under the Civil Code against any public nuisance.

ARTICLE VIII

Pr ogr am for Tr eatment and Rehabilitation of Dr ug Dependents

SECTION 54. Voluntar y Submission of a Dr ug Dependent to Confinement, Tr eatment and Rehabilitation. — A dr ug dependent or any per son
w ho violates Section 15 of this Act may, by himself/her self or thr ough his/her par ent, spouse, guar dian or relative w ithin th e four th degr ee of
consanguinity or affinity, apply to the Boar d or it s duly r ecognized r epresentative, for tr eatment and r ehabilitation of the dr ug dependency. Upon
such application, the Boar d shall br ing for th the matter to the Cour t w hich shall or der that the applicant be ex amined for dr ug dependency. If the
ex amination by a DOH-accr edited physician r esults in the issuance of a cer tification that the applicant is a dr ug dependent, he/she shall be or der ed
by the Cour t to undergo treatment and r ehabilitation in a Center designated by the Boar d for a period of not less than s ix (6) months: Pr ovided, That
a dr ug dependent may be placed under the car e of a DOH-accr edited physician w her e ther e is no Center near or accessible to the r esidence of the
dr ug dependent or w her e said dr ug dependent is below eighteen (18) year s of age an d is a fir st-time offender and non-confinement in a Center w ill
not pose a ser ious danger to his/her family or the community.

Confinement in a Center for tr eatment and r ehabilitation shall not ex ceed one (1) year , after w hich time the Cour t, as w ell a s the Boar d,
shall be appr ised by the head of the tr eatment and r ehabilitation center of the status of said dr ug dependent and deter mine w hether fur ther
confinement w ill be for the w elfar e of the dr ug dependent and his/her family or the community.

SECTION 55. Ex emption fr om the Cr iminal Liability Under the Voluntar y Submission Pr ogram. — A dr ug dependent under the voluntar y
submission pr ogr am, w ho is finally dischar ged fr om confinement, shall be ex empt fr om the cr iminal liability under Section 15 of this Act subject to
the follow ing conditions:

(1) He/she has complied w ith the r ules and r egulations of the Center , the applicable r ules and r egulations of the Boar d, includin g the
after -car e and follow -up pr ogr am for at least eighteen (18) months follow ing temporary dischar ge fr om confinement in the Center or , in the case of
a dependent placed under the car e of the DOH-accr edited physician, the after -car e pr ogr am and follow -up schedule for mulated by the DSWD and
appr oved by the Boar d: Pr ovided, That capability-building of local gover nment social w or kers shall be under taken by the DSWD;

(2) He/she has never been char ged or convicted of any offense punishable under this Act, the Danger ous Dr ugs Act of 1972 or Republic Act
No. 6425, as amended; the Revised Penal Code, as amended; or any special penal law s;

(3) He/she has no r ecor d of escape fr om a Center : Pr ovided, That had he/she escaped, he/she sur r ender ed by himself/her self o r thr ough
his/her par ent, spouse, guar dian or r elative w ithin the four th degr ee of consanguinity or affinity, w ithin one (1) w eek fr om the date of the said
escape; and

(4) He/she poses no ser ious danger to himself/her self, his/her family or the community b y his/her ex emption fr om cr iminal liability.

SECTION 56. Tempor ar y Release fr om the Center ;After -Car e and Follow -Up Tr eatment Under the Voluntar y Submission Pr ogram. — Upon
cer tification of the Center that the dr ug dependent w ithin the voluntar y submission pr ogram may be tempor arily released, the Cour t shall or der
his/her r elease on condition that said dr ug dependent shall r epor t to the DOH for after -car e and follow -up tr eatment, including ur ine testing, for a
per iod not ex ceeding eighteen (18) months under such ter ms and conditions that the Cour t may impose.

If dur ing the period of after -car e and follow -up, the dr ug dependent is cer tified to be r ehabilitated, he/she may be dischar ged by the Court,
subject to the pr ovisions of Section 55 of this Act, w ithout pr ejudice to the outcome of any pending case filed in cour t.

How ever , should the DOH find that during the initial after -car e and follow -up pr ogram of eighteen (18) months, the dr ug dependent r equir es
fur ther tr eatment and r ehabilitation in the Center , he/she shall be r ecommitted to the Center for confinement. Ther eafter , he/she may again be
cer tified for tempor ar y r elease and or der ed r eleased for another after -car e and follow -up pr ogr am pur suant to this Section.

SECTION 57. Pr obation and Community Ser vice Under the Voluntar y Submission Pr ogr am. — A dr ug dependent w ho is dischar ged as
r ehabilitated by the DOH-accr edited Center thr ough the voluntar y submission pr ogram, but does not qualify for ex emption fr om cr iminal liability
under Section 55 of this Act, may be char ged under the pr ovisions of this Act, but shall be placed on pr obation and under go a community ser vice in
lieu of impr isonment and/or fine in the discr etion of the cour t, w ithout pr ejudice to the outcome of any pending case filed i n cour t.

Such dr ug dependent shall under go community ser vice as par t of his/her after -car e and follow -up pr ogr am, w hich may be done in
coor dination w ith nongover nmental civic or ganizations accr edited by the DSWD, w ith the r ecommendation of the Boar d.

SECTION 58. Filing of Char ges Against a Dr ug Dependent Who is Not Rehabilitated Under the Voluntar y Submission Pr ogr am. — A dr ug
dependent, w ho is not r ehabilitated after the second commitment to the Center under the voluntar y submission pr ogram, shall, upon
r ecommendation of the Boar d, be char ged for violation of Section 15 of this Act and prosecuted like any other offender . If convicted, he/she sh all be
cr edited for the per iod of confinement and r ehabilitation in the Center in the ser vice of his/her sentence.

SECTION 59. Escape and Recommitment for Confinement and Rehabilitation Under the Voluntar y Submission Pr ogram. — Should a dr ug
dependent under the voluntar y submission pr ogram escape fr om the Center , he/she may submit himself/her self for r ecommitment w ithin one (1)
w eek ther efr om, or his/her par ent, spouse, guar dian or relative w ithin the four th degr ee of consanguinity or affinity may, w ithin s aid per iod,
sur r ender him for r ecommitment, in w hich case the cor r esponding or der shall be issued by the Boar d.

Should the escapee fail to submit himself/her self or be sur r endered after one (1) w eek, the Boar d shall apply to the cour t for a
r ecommitment or der upon pr oof of pr evious commitment or his/her voluntar y submission by the Boar d, the cour t may issue an or d er for
r ecommitment w ithin one (1) w eek.

If, subsequent to a r ecommitment, the dependent once again escapes fr om confinement, he/she shall be char ged for violation of Section 15
of this Act and be subjected under Section 61 of this Act, either upon or der of the Boar d or upon o r der of the cour t, as the case may be.

SECTION 60. Confidentiality of Re cor ds Under the Voluntar y Submission Pr ogram. — Judicial and medical r ecor ds of dr ug dependents under
the voluntar y submission pr ogram shall be confidential and shall not be used again st him for any pur pose, ex cept to deter mine how many times, by
himself/her self or thr ough his/her par ent, spouse, guar dian or relative w ithin the four th degr ee of consanguinity or affinity , he/she voluntar ily
submitted himself/her self for confinement, tr eatment and r ehabilitation or has been committed to a Center under this pr ogr am.

SECTION 61. Compulsor y Confinement of a Dr ug Dependent Who Refuses to Apply Under the Voluntar y Submission Pr ogram. —
Notw ithstanding any law , r ule and r egulation to the contr ar y, any per son deter mined and found to be dependent on danger ous dr ugs shall, upon
petition by the Boar d or any of its author ized r epresentative, be confined for tr eatment and r ehabilitation in any Center duly designated or
accr edited for the pur pose.

A petition for the confinement of a person alleged to be dependent on danger ous dr ugs to a Center may be filed by any per son author ized by
the Boar d w ith the Regional Tr ial Cour t of the pr ovince or city w her e such per son is found.
 After the petition is filed, the cour t, by an or der , shall immediately fix a date for the hear ing, and a copy of such or der shall be ser ved on
the per son alleged to be dependent on danger ous dr ugs, and to the one having char ge of him.

If after such hear ing and the facts so w arrant, the cour t shall or der the dr ug dependent to be ex amined by tw o (2) physicians accr edited by
the Boar d. If both physicians conclude that the r espondent is not a dr ug dependent, the cour t shall or der his/her discharge. If either physician finds
him to be a dependent, the cour t shall conduct a hear ing and consider all r elevant evidence w hich may be offer ed. If the cour t finds him a dr ug
dependent, it shall issue an or der for his/her commitment to a tr eatment and r ehabilitation center under the super vision of t he DOH. In any event,
the or der of dischar ge or or der of confinement or commitment shall be issued not later than fifteen (15) days fr om the filing of the appr opr iate
petition.

SECTION 62. Compulsor y Submission of a Dr ug Dependent Char ged w ith an Offense to Tr eatment and Rehabilitation. — If a per son char ged
w ith an offense w her e the imposable penalty is impr isonment of less than six (6) years and one (1) day, and is found by the pr osecutor or by the cour t,
at any stage of the pr oceedings, to be a dr ug dependent, the pr osecutor or the cour t as the case may be, shall suspend all fur ther pr oceedings and
tr ansmit copies of the r ecor d of the case to the Boar d.

In the event the Boar d deter mines, after medical ex amination, that public inter est r equires that such dr ug dependent be committed to a
center for tr eatment and r ehabilitation, it shall file a petition for his/her commitment w ith the r egional trial cour t of the pr ovince or city w her e
he/she is being investigated or tried: Pr ovided, That w her e a cr iminal case is pending in cour t, such petition shall be filed in the said cour t. The cour t
shall take judicial notice of the pr ior pr oceedings in the case and shall pr oceed to hear the petition. If the cour t finds hi m to be a dr ug dependent, it
shall or der his/her commitment to a Center for treatment and rehabilitation. The head of said Center shall submit to the cour t every four (4) months,
or as often as the cour t may requir e, a written r epor t on the progr ess of the treatment. If the dependent is rehabilitated, a s cer tified by the Center
and the Boar d, he/she shall be r etur ned to the cour t, w hich committed him, for his/her dischar ge ther efr om.

Ther eafter , his/her pr osecution 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 cer tified by the treatment and r ehabilitation center to have maintained goo d behavior , indicate that
he/she shall be given full cr edit for the per iod he/she w as confined in the Center : Pr ovided, how ever , That w hen the offense is for violation of
Section 15 of this Act and the accused is not a r ecidivist, the penalty ther eof shall be deemed to have been served in the Ce nter upon his/her release
ther efr om after cer tification by the Center and the Boar d that he/she is r ehabilitated.

SECTION 63. Pr escr iption of the Offense Char ged Against a Dr ug Dependent Under the Compulsor y Submission Pr ogr am. — The per iod of
pr escr iption of the offense char ged against a dr ug dependent under the compulsor y submission pr ogr am shall not r un dur ing the time that the dr ug
dependent is under confinement in a Center or other w ise under the tr eatment and r ehabilitation pr ogram appr oved by the Boar d.

Upon cer tification of the Center that he/she may tempor ar ily be dischar ged fr om the said Center , the cour t shall or der his/her r elease on
condition that he/she shall r epor t to the Boar d thr ough the DOH for after -car e and follow -up tr eatment for a per iod not ex ceeding eighteen (18)
months under such ter ms and conditions as may be impos ed by the Boar d.

If at anytime during the after -car e and follow -up per iod, the Boar d cer tifies to his/her complete r ehabilitation, the court shall or der his/her
final dischar ge fr om confinement and or der for the immediate r esumption of the tr ial of the case for w hich he/she is originally char ged. Should the
Boar d thr ough the DOH find at anytime during the after -car e and follow -up per iod that he/she r equir es fur ther tr eatment and rehabilitation, it shall
r epor t to the cour t, w hich shall or der his/her recom mitment to the Center .

Should the dr ug dependent, having been committed to a Center upon petition by the Boar d escape ther efr om, he/she may r esubmit
himself/her self for confinement w ithin one (1) w eek fr om the date of his/her escape; or his/her par ent, spo use, guar dian or r elative within the
four th degree of consanguinity or affinity may, w ithin the same per iod, surrender him for r ecommitment. If, how ever , the drug dependent does not
r esubmit himself/herself for confinement or he/she is not surr ender ed for r ecommitment, the Boar d may apply w ith the cour t for the issuance of the
r ecommitment or der. Upon pr oof of pr evious commitment, the cour t shall issue an or der for r ecommitment. If, subsequent to suc h r ecommitment,
he/she should escape again, he/she shall no longer be ex empt fr om cr iminal liability for use of any danger ous dr ug.

A dr ug dependent committed under this par ticular Section w ho is finally dischar ged fr om confinement shall be ex empt fr om cr im inal
liability under Section 15 of this Act, w ithout pr ejudice to the outcome of any pending case filed in cour t. On the other hand, a dr ug dependent w ho
is not r ehabilitated after a second commitment to the Center shall, upon conviction by the appr opriate court, suffer the same penalties pr ovided for
under Section 15 of this Act again w ithout pr ejudice to the outcome of any pending case filed in cour t.

SECTION 64. Confidentiality of Recor ds Under the Compulsor y Submission Pr ogr am. — The r ecor ds of a dr ug dependent w ho w as
r ehabilitated and dischar ged fr om the Center under the compulsor y submission pr ogr am, or w ho was char ged for violation of Section 15 of this Act,
shall be cover ed by Section 60 of this Act. How ever , the r ecor ds of a dr ug dependent w ho w as not r ehabilitated, or w ho escape d but did not
sur r ender himself/her self w ithin the pr escr ibed per iod, shall be for w ar ded to the cour t and their use shall be deter mined by the cour t, taking into
consider ation public inter est and the w elfar e of the dr ug dependent.

SECTION 65. Duty of the Pr osecutor in the Pr oceedings. — It shall be the duty of the pr ovincial or the city pr osecutor or their assistants or
state pr osecutor s to pr epar e the appr opriate petition in all pr oceedings ar ising fr om this Act.

SECTION 66. Suspension of Sentence of a Fir st-Time Minor Offender . — An accused w ho is over fifteen (15) year s of age at the time of the
commission of the offense mentioned in Section 11 of this Act, but not mor e than eighteen (18) year s of age at the time w hen judgment should have
been pr omulgated after having been found guilty of said offense, may be given the benefits of a suspended sentence, subject to the follow ing
conditions:

(a) He/she has not been pr eviously convicted of violating any pr ovision of this Act, or of the Danger ous Dr ugs Act of 1972, as amended; or of
the Revised Penal Code; or of any special penal law s;

(b) He/she has not been pr eviously committed to a Center or to the car e of a DOH-accr edited physician; and

(c) The Boar d favor ably r ecommends that his/her sentence be suspended.

While under suspended sentence, he/she shall be under the super vision and r ehabilitative sur veillance of the Boar d, under such conditions
that the cour t may impose for a per iod r anging fr om six (6) months to eighteen (18) months.

Upon r ecommendation of the Boar d, the cour t may commit the accused under suspended sentence to a Center , or to the car e of a
DOH-accr edited physician for at least six (6) months, w ith after -car e and follow -up pr ogr am for not mor e than eighteen (18) months.

In the case of minor s under fifteen (15) year s of age at the time of the commission of any offense penalized under this Act, Ar ticle 192
of Pr esidential Decr ee No. 603, other w ise know n as the Child and Youth Welfar e Code, as amended by Pr esidential Decr ee No. 1179 shall apply,
w ithout pr ejudice to the application of the pr ovisions of this Section.

SECTION 67. Dischar ge After Compliance w ith Conditions of Suspended Senten ce of a First -Time Minor Offender . — If the accused fir st time
minor offender under suspended sentence complies w ith the applicable r ules and r egulations of the Boar d, including confinemen t in a Center , the
cour t, upon a favor able r ecommendation of the Boar d for the final discharge of the accused, shall dischar ge the accused and dismiss all pr oce edings.

Upon the dismissal of the pr oceedings against the accused, the cour t shall enter an or der to ex punge all official r ecor ds, other than the
confidential r ecor d to be r etained by the DOJ r elating to the case. Such an or der , w hich shall be kept confidential, shall r e stor e the accused to
his/her status pr ior to the case. He/she shall not be held ther eafter to be guilty of per jur y o r of concealment or misr epresentation by r eason of
his/her failur e to acknow ledge the case or r ecite any fact r elated ther eto in r esponse to any inquir y made of him for any pur pose.

SECTION 68. Pr ivilege of Suspended Sentence to be Availed of Only Once by a Fir st-Time Minor Offender . — The pr ivilege of suspended
sentence shall be availed of only once by an accused dr ug dependent w ho is a fir st -time offender over fifteen (15) year s of age at the time of the
commission of the violation of Section 15 of this Act but not mor e than eighteen (18) year s of age at the time w hen judgment should have been
pr omulgated.
 SECTION 69. Pr omulgation of Sentence for Fir st-Time Minor Offender . — If the accused fir st-time minor offender violates any of the
conditions of his/her suspended sentence, the applicable r ules and r egulations of the Boar d ex er cising super vision and r ehabilitative sur veillance
over him, including the r ules and r egulations of the Center should confinement be r equir ed, the cour t shall pr onounce judgmen t of conviction and
he/she shall ser ve sentence as any other convicted per son.

SECTION 70. Pr obation or Community Service for a First -Time Minor Offender in Lieu of Impr isonment. — Upon pr omulgation of the sentence,
the cour t may, in its discr etion, place the accuse d under pr obation, even if the sentence pr ovided under this Act is higher than that provided under
existing law on pr obation, or impose community service in lieu of impr isonment. In case of pr obation, the super vision and reh abilitative surveillance
shall be under taken by the Boar d thr ough the DOH in coor dination w ith the Boar d of Par dons and Par ole and the Pr obation Adminis tr ation. Upon
complian ce w ith the conditions of the probation, the Boar d shall submit a written repor t to the cour t r ecommending termination of pr obation and a
final dischar ge of the pr obationer , w hereupon the cour t shall issue such an or der .

The community ser vice shall be complied w ith under conditions, time and place as may be deter mined by the cour t in its discr e tion and
upon the r ecommendation of the Boar d and shall apply on ly to violator s of Section 15 of this Act. The comp letion of the community servi ce shall be
under the supervision and r ehabilitative surveillance of the Boar d dur ing the per iod r equir ed by the cour t. Ther eafter , the Boar d shall r ender a repor t
on the manner of compliance of said community ser vice. The cour t in its discr etion may r equir e ex tension of the community ser vice or or der a final
dischar ge.

In both cases, the judicial r ecor ds shall be cover ed by the pr ovi sions of Sections 60 and 64 of this Act.

If the sentence pr omulgated by the cour t r equir es imprisonment, the per iod spent in the Center by the accused dur ing the susp ended
sentence per iod shall be deducted fr om the sentence to be ser ved.

SECTION 71. Recor ds to be kept by the Depar tment of Justice. — The DOJ shall keep a confidential r ecor d of the proceedings on suspension
of sentence and shall not be used for any pur pose other than to deter mine w hether or not a per son accused under this Act is a fir st-time minor
offender .

SECTION 72. Liability of a Per son Who Violates the Confidentiality of Recor ds. — The penalty of impr isonment r anging fr om six (6) months
and one (1) day to six (6) years and a fine ranging fr om One thousand pesos (P1,000.00) to Six thousand pesos (P6,000.00), shall be imposed upon any
per son w ho, having official custody of or access to the confidential r ecor ds of any dr ug dependent under voluntar y submission pr ograms, or anyone
w ho, having gained possession of said r ecor ds, w hether law fully or not, r eveals their content to any per son other than those char ged w ith the
pr osecution of the offenses under this Act and its implementation. The max imum penalty shall be imposed, in addition to absolute per petual
disqualification fr om any public office, w hen the offender is a gover nment official or employee. Should the r ecor ds be used for unlaw ful pur poses,
such as blackmail of the dr ug dependent or the members of his/her family, the penalty imposed for the cr ime of violation of c onfidentiality shall be
in addition to w hatever cr ime he/she may be convicted of.

SECTION 73. Liability of a Par ent, Spouse or Guar dian Who Refuses to Cooper ate w ith the Boar d or any Concer ned Agency. — Any par ent,
spouse or guardian w ho, w ithout valid r eason, r efuses to cooper ate w ith the Boar d or any concer ned agency in the treatment and r ehabilitation of a
dr ug dependent w ho is a minor , or in any manner , pr events or delays the after -car e, follow -up or other progr ams for the w elfar e of the accused dr ug
dependent, w hether under voluntar y submission pr ogram or compulsor y submission pr ogram, may be cited for contempt by the cour t.

SECTION 74. Cost-Shar ing in the Tr eatment and Rehabilitation of a Dr ug Dependent. — The par ent, spouse, guar dian or any r elative w ithin
the fourth degr ee of consanguinity of any per son w ho is confined under the voluntar y submission progr am or compulsor y submission progr am shall be
char ged a cer tain per centage of the cost of his/her tr eatment and r ehabilitation, the guidelines of w hich shall be for mulated by the DSWD taking into
consider ation the economic status of the family of the per son confined. The guidelines ther ein for mulated shall be implemente d by a social w orker of
the local gover nment unit.

SECTION 75. Tr eatment and Rehabilitation Center s. — The ex isting tr eatment and r ehabilitation center s for dr ug dependents oper ated and
maintained by the NBI and the PNP shall be oper ated, maintained and managed by the DOH in coor dination w ith other concer ned a gencies. For the
pur pose of enlar ging the netw or k of center s, the Boar d thr ough the DOH shall encour age, pr omote or w henever feasible, assist or suppor t in the
establishment, operations and maintenance of pr ivate center s w hich shall be eligible to r eceive grants, donations or subsidy fr om either government
or pr ivate sour ces. It shall also suppor t the establishment of gover nment -oper ated r egional tr eatment and r ehabilitation center s depending upon the
availability of funds. The national gover nment, thr ough its appr opriate agencies shall give pr ior ity fundin g for the incr ease of subsidy to ex isting
gover nment dr ug r ehabilitation center s, and shall establish at least one (1) dr ug r ehabilitation center in each pr ovince, dep ending on the availability
of funds.

SECTION 76. The Duties and Responsibilities of the D epar tment of Health (DOH) Under this Act. — The DOH shall:

(1) Over see and monitor the integr ation, coor dination and super vision of all dr ug r ehabilitation, inter vention, after -car e and follow -up
pr ogr ams, pr ojects and activities as w ell as the establishment, oper ations, maintenance and management of pr ivately -ow ned dr ug treatment
r ehabilitation center s and dr ug testing netw orks and labor atories throughout the countr y in coor dination w ith the DSWD and ot her agencies;

(2) License, accr edit, establish and maintain dr ug test netw or k and labor atory, initiate, conduct and suppor t scientific r esear ch on dr ugs
and dr ug contr ol;

(3) Encour age, assist and accr edit pr ivate center s, pr omulgate r ules and r egulations setting minimum standards for their accr edit ation to
assur e their competence, integr ity and stability;

(4) Pr escribe and pr omulgate r ules and r egulations governing the establishment of such Centers as it may deem necessary after con ducting
a feasibility study ther eof,

(5) The DOH shall, w ithout prejudice to t he cr iminal pr osecution of those found guilty of violating this Act, or der the closur e of a Center for
tr eatment and r ehabilitation of dr ug dependency w hen, after investigation it is found guilty of violating the pr ovisions of t his Act or r egulations
issued by the Boar d; and

(6) Char ge r easonable fees for dr ug dependency ex aminations, other medical and legal services provided to the public, w hich shall accr ue to
the Boar d. All income der ived fr om these sour ces shall be par t of the funds constituted as speci al funds for the implementation of this Act under
Section 87. aDACcH

ARTICLE IX

Danger ous Dr ugs Board and Philippine Dr ug Enfor cement Agency

SECTION 77. The Danger ous Dr ugs Boar d. — The Boar d shall be the policy-making and str ategy-for mulating body in the planning and
for mulation of policies and pr ogr ams on dr ug pr evention and contr ol. It shall develop and adopt a compr ehensive, integr ated, unified and balanced
national dr ug abuse pr evention and contr ol str ategy. It shall be under the Office of the Pr esiden t.

SECTION 78. Composition of the Boar d. — The Boar d shall be composed of seventeen (17) member s w herein thr ee (3) of w hich ar e
per manent member s, the other tw elve (12) member s shall be in an ex officio capacity and the tw o (2) shall be r egular member s.

The thr ee (3) per manent member s, w ho shall possess at least seven-year training and ex per ience in the field of danger ous drugs and in any
of the follow ing fields: in law , medicine, cr iminology, psychology or social w ork, shall be appointed by the Pr esident o f the Philippines. The Pr esident
shall designate a Chair man, w ho shall have the r ank of a secr etar y fr om among the thr ee (3) per manent members w ho shall serve for six (6) years. Of
the tw o (2) other member s, w ho shall both have the r ank of under secr etar y, one (1) shall ser ve for four (4) year s and the other for tw o (2) year s.
Ther eafter , the per sons appointed to succeed such member s shall hold office for a ter m of six (6) years and until their succe ssor s shall have been duly
appointed and qualified.

The other tw elve (12) member s w ho shall be ex officio member s of the Boar d ar e the follow ing:

(1) Secr etar y of the Depar tment of Justice or his/her r epresentative;

 (2) Secr etar y of the Depar tment of Health or his/her r epr esentative;

(3) Secr etar y of the Depar tment of National Defense or his/her r epresentative;

(4) Secr etar y of the Depar tment of Finance or his/her r epresentative;

(5) Secr etar y of the Depar tment of Labor and Employment or his/her r epresentative;

(6) Secr etar y of the Depar tment of the Inter ior and Local Gover nment or his/her representative;

(7) Secr etar y of the Depar tment of Social Welfar e and Development or his/her r epresentative;

(8) Secr etar y of the Depar tment of For eign Affair s or his/her representative;

(9) Secr etar y of the Depar tment of Education or his/her r epresentative;

(10) Chair man of the Commission on Higher Education or his/her r epresentative;

(11) Chair man of the National Youth Commission; and

(12) Dir ector Gener al of the Philippine Dr ug Enfor cement Agency.

Cabinet secr etaries w ho ar e member s of the Boar d may designate their duly authorized and per manent r epr esentatives w hose r anks shall in
no case be low er than under secr etar y.

The tw o (2) r egular member s shall be as follow s:

(a) The pr esident of the Integr ated Bar of the Philippines; and

(b) The chair man or pr esident of a non-gover nment or ganization involved in danger ous dr ug campaign to be appointed by the Pr esident of
the Philippines.

The Dir ector of the NBI and the Chief of the PNP shall be the per manent consultants of the Boar d, and shall attend all the meetings of the
Boar d.

All member s of the Boar d as w ell as its per manent consultants shall r eceive a per diem for ever y meeting actually attended subject to the
per tinent budgetar y law s, r ules and r egulations on compensation, honor ar ia and allow ances: Pr ovided,That w her e the r epr esentative of an ex
officio member or of the per manent consultant of the Boar d attends a meeting in behalf of the latter , such r epr esentative shall be en titled to
r eceive the per diem.

SECTION 79. Meetings of the Boar d. — The Boar d shall meet once a w eek or as often as necessar y at the discr etion of the Chair man or at the
call of any four (4) other member s. The pr esence of nine (9) member s shall constitute a quor um.

SECTION 80. Secr etar iat of the Boar d. — The Boar d shall r ecommend to the Pr esident of the Philippines the appointment of an Ex ecutive
Dir ector , w ith the rank of an under secr etary, w ho shall be the Secr etary of the Boar d and administrative officer of its secr etar iat, and shall per for m
such other duties that may be assigned to him/her . He/she must possess adequate know ledge, training and ex per ience in the field of danger ous dr ugs,
and in any of the follow ing fields: law enfor cement, law , medicine, cr iminology, psychology or social w or k.

Tw o deputies ex ecutive dir ector , for administration and oper ations, w ith the r anks of assistant secr etary, shall be appointed by the
Pr esident upon r ecommendation of the Boar d. They shall possess the same qualifications as those of the ex ecutive dir ector . Th ey shall r eceive a
salar y cor r esponding to their position as pr escr ibed by the Salar y Standar dization Law as a Car eer Ser vice Officer .

The ex isting secr etariat of the Boar d shall be under the administr ative contr ol and super vision of the Ex ecutive Dir ector. It shall be
composed of the follow ing divisions, namely: Policy Studies, Resear ch and Statistics; Pr eventive Education, Tr aining and Infor m ation; Legal Affair s;
and the Administr ative and Financial Management.

SECTION 81. Pow er s and Duties of the Boar d. — The Boar d shall:

(a) For mulate, develop and establish a compr ehensive, integr ated, unified and balanced national dr ug use pr evention and contr ol s trategy;

(b) Pr omulgate such r ules and r egulations as may be necessar y to car r y out the pur poses of this Act, including the manner of safekeeping,
disposition, bur ning or condemnation of any danger ous dr ug and/or contr olled pr ecur sor and essential chemical under its char g e and custody, and
pr escr ibe administrative r emedies or sanctions for the violations of such r ules and r egulations;

(c) Conduct policy studies, pr ogr am monitoring and evaluations and other r esearches on dr ug pr evention, contr ol and enfor cement;

(d) Initiate, conduct and suppor t scientific, clinical, social, psychological, physical and biological r esear ches on da nger ous dr ugs and
danger ous dr ugs pr evention and contr ol measur es;

(e) Develop an educational pr ogr am and infor mation dr ive on the hazar ds and pr evention of illegal use of any danger ous dr ug and/o r
contr olled pr ecursor and essential chemical based on factual data, and disseminate the same to the gener al public, for w hich pur pose the Boar d shall
endeavor to make the gener al public aw ar e of the hazar ds of any danger ous dr ug and/or contr olled pr ecur sor and essential chem ical by pr oviding
among other s, liter atur e, films, displays or adver tisements and by coor dinating w ith all institutions of lear ning as w ell as w ith all national and local
enfor cement agencies in planning and conducting its educational campaign pr ogr ams to be implemented by the appr opr iate govern ment agencies.

(f) Conduct continuing seminar s for , and consultations w ith, and pr ovide infor mation mater ials to judges and pr osecutor s in coor d ination
w ith the Office of the Cour t Administrator , in the case of judges, and the DOJ, in the case of prosecutor s, w hich aim to pr ovide them w ith the current
developments and pr ogr ams of the Boar d per tinent to its campaign against danger ous dr ugs and its scientific r esear ches on dan ger ous dr ugs, its
pr evention and contr ol measur es;

(g) Design special tr ainings in or der to pr ovide law enfor cement officer s, member s of the judiciar y, and pr osecutors, school author ities and
per sonnel of center s w ith know ledge and know -how in danger ous dr ugs and/or contr olled pr ecur sors and essential chemicals contr ol in coor dination
w ith the Supr eme Cour t to meet the objectives of the national dr ug contr ol pr ogr ams;

(h) Design and develop, in consultation and coor dination w ith the DOH, DSWD and other agencies involved in dr ugs contr ol, tr eatme nt and
r ehabilitation, both public and pr ivate, a national tr eatment and r ehabilitation pr ogram for dr ug dependents including a standar d after car e and
community ser vice pr ogr am for r ecovering dr ug dependents;

(i) Design and develop, jointly w ith the DOLE and in consultation w ith labor and employer gr oups as w ell as nongover nment or ganizations a
dr ug abuse pr evention pr ogram in the w or kplace that w ould include a pr ovision for employee assistance pr ogr ams for emotionally-str essed
employees;

(j) Initiate and authorize closur e pr oceedings against non-accr edited and/or substandar d rehabilitation centers based on verified r epor ts of
human r ights violations, subhuman conditions, inadequate medical tr aining and assistance and ex cessive fees for implementatio n by the PDEA;

(k) Pr escr ibe and pr omulgate r ules and r egulations gover ning the establishment of such center s, netw or ks and labor atories as deemed
necessar y after conducting a feasibility study in coor dination w ith the DOH and other gover nment agencies;

(l) Re ceive, gather , colle ct and evaluate all infor mation on the impor tation, ex portation, pr oduction, manufactur e, sale, stocks, seizur es of
and the estimated need for any danger ous dr ug and/or contr olled pr ecur sor and essential chemical, for w hich pur pose the Boar d may r equir e fr om
any official, instr umentality or agency of the gover nment or any private person or enter prise dealing in, or engaged in activities having to do with a ny
danger ous dr ug and/or contr olled pr ecur sor s and essential chemicals such data or infor mation as it may need to implement this Act;

(m) Gather and pr epar e detailed statistics on the impor tation, ex portation, manufactur e, stocks, seizur es of and estimated need f or any
danger ous dr ug and/or contr olled pr ecursor s and essential chemicals and such other statistical data on said dr ugs as may be per iodically r equired by
the United Nations Nar cotics Drug Commission, the Wor ld Health Or ganization and other inter national or ganizations in consonan ce with the countr y's
inter national commitments;

(n) Develop and maintain inter national netw or king coor dination w ith inter national dr ug contr ol agencies and organizations, and implement
the pr ovisions of inter national conventions and agr eements ther eon w hich have been adopted and appr oved by the Congr ess of th e Philippines;

(o) Requir e all gover nment and pr ivate hospitals, clinics, doctor s, dentists and other pr actitioners to submit a r eport to it, in coor dination
w ith the PDEA, about all danger ous dr ugs and/or contr olled pr ecur sors and essential chemicals -r elated cases to w hich they have attended for
statistics and r esear ch pur poses;

(p) Receive in tr ust legacies, gifts and donations of r eal and per sonal pr oper ties of all kinds, to administer and dispose the sa me w hen
necessar y for the benefit of gover nment and private r ehabilitation center s subject to limitations, directions and instructions fr om the donors, if any;

(q) Issue guidelines as to the appr oval or disappr oval of applications for voluntar y tr eatment, r ehabilitation or confinement, w h er ein it shall
issue the necessar y guidelines, r ules and r egulations per taining to the application and its enfor cement;

(r ) For mulate guidelines, in coor dination w ith other government agencies, the impor tation, distribution, pr oduction, manufactur e,
compounding, pr escription, dispensing and sale of, and other law ful acts in connection w ith any dangerous dr ug, contr olled pr ecur sor s and essential
chemicals and other similar or analogous substances of such kind and in such quantity as it may deem necessar y accor ding to t he medical and
r esear ch needs or r equir ements of the countr y including diet pills containing ephedr ine and other addictive chemicals and deter mine the quantity
and/or quality of danger ous dr ugs and pr ecur sors and essential chemicals to be impor ted, manufactur ed and held in stock at an y given time by
author ized impor ter, manufactur er or distributor of such dr ugs;

(s) Develop the utilization of a contr olled de livery scheme in addr essing the tr ansshipment of dangerous dr ugs into and out of th e country to
neutr alize tr ansnational cr ime syndicates involved in illegal tr afficking of any danger ous dr ug and/or contr olled pr ecur sor s and essential chemicals;

(t) Recommend the r evocation of the pr ofessional license of any pr actitioner w ho is an ow ner, co -ow ner , lessee, or in the employ of the
dr ug establishment, or manager of a par tnership, cor por ation, association, or any juridical entity ow ning and/or contr olling such dr ug establishment,
and w ho knowingly participates in, or consents to, toler ates, or abets the commission of the act of violations as indicated i n the pr eceding par agraph,
all w ithout pr ejudice to the cr iminal pr osecution of the per son r esponsible for the said violation;

(u) Ap point such technica l, administr ative and other per sonnel as may be necessary for the effective implementation of this Act, subject to
the Civil Ser vice Law and its r ules and r egulations;

(v) Establish a r egular and continuing consultation w ith concer ned gover nment agencies and medical pr ofessional or ganizations to
determine if balance exists in policies, pr ocedur es, r ules and regulat ions on danger ous dr ugs and to provide recommendations on how the law ful use
of danger ous dr ugs can be impr oved and facilitated; and

(w ) Submit an annual and per iodic r epor ts to the Pr esident, the Congr ess of the Philippines and the Senate and House of Rep r esentatives
committees concer ned as may be r equir ed fr om time to time, and per form such other functions as may be author ized or r equired under existing law s
and as dir ected by the Pr esident himself/her self or as r ecommended by the congr essional committees concer ned. aTAEHc

SECTION 82. Cr eation of the Philippine Drug Enfor cement Agency (PDEA). — To carry out the provisions of this Act, the PDEA, w hich ser ves as
the implementing ar m of the Boar d, and shall be r esponsible for the efficient and effective law e nfor cement of all the pr ovisions on any danger ous
dr ug and/or contr olled pr ecur sor and essential chemical as pr ovided in this Act.

The PDEA shall be headed by a Dir ector Gener al w ith the r ank of Under secr etary, w ho shall be r esponsible for the gener al admi nistr ation
and management of the Agency. The Dir ector General of the PDEA shall be appointed by the Pr esident of the Philippines and sha ll per for m such other
duties that may be assigned to him/her . He/she must possess adequate know ledge, tr aining and ex per ience in the field of danger ous dr ugs, and in
any of the follow ing fields: law enfor cement, law , medicine, cr iminology, psychology or social w or k.

The Dir ector Gener al of the PDEA shall be assisted in the per for mance of his/her duties and r esponsibilities by tw o (2) deputies dir ector
gener al w ith the r ank of Assistant Secr etar y; one for Oper ations and the other one for Administr ation. The tw o (2) deputies d ir ector gener al shall
likew ise be appointed by the Pr esident of the Philippines upon r ecommendation of the Boar d. The tw o (2) deputies dir ector gener al shall possess the
same qualifications as those of the Dir ector Gener al of the PDEA. The Dir ector Gener al and the tw o (2) deputies dir ector gene r al shall r eceive the
compensation and salar ies as pr escr ibed by law .

SECTION 83. Or ganization of the PDEA. — The pr esent Secr etar iat of the National Dr ug Law Enfor cement and Pr evention Coor dinating Center
as cr eated by Ex ecutive Or der No. 61 shall be accor dingly modified and absor bed by the PDEA.

The Dir ector Gener al of the PDEA shall be r esponsible for the necessar y changes in the organizational set -up w hich shall be submitted to the
Boar d for appr oval.

For pur poses of car r ying out its duties and pow er s as pr ovided for in the succeeding Section of this Act, the PDEA shall have the follow in g
Ser vices, namely: Intelligence and Investigation; Inter national Cooper ation and For eign Affair s; Pr eventive Education and Com munity Involvement;
Plans and Oper ations; Compliance; Legal and Pr osecution; Administr ative and Human Resour ce; Financial Management; Logistics M anagement; and
Inter nal Affair s.

The PDEA shall establish and maintain r egional offices in the differ ent r egions of the countr y w hich shall be r esponsible for the
implementation of this Act and the policies, pr ogr ams, and pr ojects of said agency in their r espective r egions.

SECTION 84. Pow er s and Duties of the PDEA. — The PDEA shall:

(a) Implement or cause the efficient and effective implementation of the national dr ug contr ol str ategy for mulated by the Boar d ther eby
car r ying out a national dr ug campaign pr ogr am w hich shall include dr ug law enfor cement, contr ol and pr evention campaign w ith the assistance of
concer ned gover nment agencies;

(b) Under take the enfor cement of the pr ovisions of Ar ticle II of this Act r elative to the unlaw ful acts and penalties involving a ny danger ous
dr ug and/or contr olled pr ecur sor and essential chemical and investigate all violator s and other matter s involved in the commission of any cr ime
r elative to the use, abuse or trafficking of any dangerous dr ug and/or contr olled pr ecur sor and essential chemical as pr ovide d for in this Act and the
pr ovisions of Pr esidential Decr ee No. 1619;

(c) Administer oath, issue subpoena and subpoena duces tecum r elative to the conduct of investigation involving the violations of this Act;

(d) Ar r est and appr ehend as w ell as sear ch all violators and seize or confiscate, the effects or pr oceeds of the cr imes as pr ovided by law and
take custody ther eof, for this pur pose the pr osecutor s and enfor cement agents ar e author ized to possess fir earms, in accor dan ce w ith ex isting
law s; SEDaAH

(e) Take char ge and have custody of all danger ous dr ugs and/or contr olled pr ecur sor s and essential chemicals seized, confiscated or
sur r endered to any national, pr ovincial or local law enfor cement agency, if no longer needed for pur poses of evidence in cour t;

(f) Establish for ensic labor ator ies in each PNP office in ever y pr ovince and city in or der to facilitate action on seized or conf iscated dr ugs,
ther eby hastening its destr uction w ithout delay;
 (g) Re commend to the DOJ the for feitur e of pr opert ies and other assets of per sons and/or cor por ations found to be violating the pr ovisions
of this Act and in accor dance w ith the per tinent pr ovisions of the Anti -Money-Launder ing Act of 2001;

(h) Pr epar e for pr osecution or cause the filing of appr opr iate cr iminal and civil cases for violation of all law s on danger ous dr ugs, contr olled
pr ecur sor s and essential chemicals, and other similar contr olled substances, and assist, suppor t and coor dinate w ith other go ver nment agencies for
the pr oper and effective pr osecution of the same;

(i) Monitor and if w ar ranted by cir cumstances, in coor dination w ith the Philippine Postal Office and the Bur eau of Customs, inspe ct all air
car go packages, par cels and mails in the centr al post office, w hich appear fr om the package and addr ess itself to be a possible impor tation of
danger ous dr ugs and/or contr olled pr ecur sors and essential chemicals, thr ough on -line or cyber shops via the inter net or cyber space;

(j) Conduct er adication pr ogr ams to destr oy wild or illegal gr ow th of plant s fr om w hich danger ous dr ugs may be ex tr acted;

(k) Initiate and undertake the formation of a nationw ide organization w hich shall coor dinate and super vise all activities against dr ug abuse
in ever y pr ovince, city, municipality and bar angay w ith the active a nd dir ect par ticipation of all such local gover nment units and nongover nmental
or ganizations, including the citizenr y, subject to the pr ovisions of pr eviously for mulated pr ograms of action against danger o us dr ugs;

(l) Establish and maintain a national dr ug intelligence system in cooper ation w ith law enfor cement agencies, other gover nment
agencies/offices and local gover nment units that w ill assist in its appr ehension of big -time dr ug lor ds;

(m) Establish and maintain close coor dination, cooper ation and link ages w ith inter national dr ug contr ol and administr ation agencies and
or ganizations, and implement the applicable pr ovisions of inter national conventions and agr eements r elated to danger ous dr ugs to w hich the
Philippines is a signator y;

(n) Cr eate and maintain an efficient special enfor cement unit to conduct an investigation, file char ges and transmit evidence to the pr oper
cour t, w her ein member s of the said unit shall possess suitable and adequate fir ear ms for their protection in connection w ith the per for mance of their
duties: Pr ovided, That no pr evious special per mit for such possession shall be r equir ed;

(o) Requir e all gover nment and pr ivate hospitals, clinics, doctor s, dentists and other pr actitioners to submit a r eport to it, in coor dination
w ith the Boar d, about all danger ous dr ugs and/or contr olled pr ecur sors and essential chemicals w hich they have attended to for data and infor mation
pur poses;

(p) Coor dinate w ith the Boar d for the facilitation of the issuance of necessar y guidelines, r ules and r egula tions for the pr oper
implementation of this Act;

(q) Initiate and under take a national campaign for dr ug pr evention and dr ug contr ol pr ograms, w here it may enlist the assistance of any
depar tment, bur eau, office, agency or instr umentality of the gover nment , including gover nment-ow ned and/or -contr olled cor por ations, in the
anti-illegal dr ugs dr ive, w hich may include the use of their r espective per sonnel, facilities, and r esour ces for a mor e r esolute d etection and
investigation of dr ug-r elated cr imes and pr osecution of the dr ug tr afficker s; and caSDCA

(r ) Submit an annual and per iodic r epor ts to the Boar d as may be r equir ed fr om time to time, and per for m such other functions as may be
author ized or r equired under ex isting law s and as dir ected by the Pr esident himself/her self or as r ecommended by the congr essional committees
concer ned.

SECTION 85. The PDEA Academy. — Upon the appr oval of the Boar d, the PDEA Academy shall be established either in Baguio or Tagaytay City,
and in such other places as may be necessar y. The PDEA Academy shall be r esponsible in the r ecr uitment and tr aining of all PDEA agents and
per sonnel. The Boar d shall pr ovide for the qualifications and r equir ements of its r ecr uits who must be at least tw enty -one (21) year s old, of pr oven
integr ity and honesty and a Baccalaur eate degr ee holder .

The gr aduates of the Academy shall later compr ise the oper ating units of the PDEA after the termination of the tr ansition per iod of five (5)
year s dur ing w hich all the intelligence netw or k and standar d oper at ing procedur es of the PDEA has been set up and oper ationalized.

The Academy shall be headed by a Super intendent, w ith the r ank of Dir ector . He/she shall be appointed by the PDEA Dir ector Ge ner al.

SECTION 86. Tr ansfer , Absor ption, and Integr ation of All Oper ating Units on Illegal Dr ugs into the PDEA and Tr ansitor y Provisions. — The
Nar cotics Gr oup of the PNP, the Nar cotics Division of the NBI and the Customs Nar cotics Inter diction Unit ar e her eby abolishe d; how ever they shall
continue with the per for mance of their task as detail service with the PDEA, subject to scr eening, until such time that the organizational str uctur e of
the Agency is fully oper ational and the number of gr aduates of the PDEA Academy is sufficient to do the task themselves: Pr ovided, That such
per sonnel w ho ar e affected shall have the option of either being integr ated into the PDEA or r emain w ith their original mothe r agencies and shall,
ther eafter , be immediately r eassigned to other units ther ein by the head of such agencies. Such per sonne l w ho ar e tr ansferred, absor bed and
integr ated in the PDEA shall be ex tended appointments to positions similar in r ank, salar y, and other emoluments and pr ivileg es gr anted to their
r espective positions in their or iginal mother agencies.

The tr ansfer , absor ption and integration of the differ ent offices and units pr ovided for in this Section shall take effect w ithin eighteen (18)
months fr om the effectivity of this Act: Pr ovided, That per sonnel absor bed and on detail service shall be given until five (5) year s to finally decide to
join the PDEA.

Nothing in this Act shall mean a diminution of the investigative pow ers of the NBI and the PNP on all other cr imes as pr ovide d for in their
r espective organic laws: Pr ovided, how ever , That w hen the investigation being conducted by the NBI, PNP or any ad hoc anti-dr ug task for ce is found
to be a violation of any of the pr ovisions of this Act, the PDEA shall be the lead agency. The NBI, PNP or any of the task fo r ce shall immediately
tr ansfer the same to the PDEA: Pr ovided, further , That the NBI, PNP and the Bur eau of Customs shall maintain close coor dination w ith the PDEA on all
dr ug r elated matter s.

ARTICLE X

Appr opr iations, Management of Funds and Annual Repor t

SECTION 87. Appr opr iations. — The amount necessar y for the oper ation of the Boar d and the PDEA shall be char ged against the cur r ent
year 's appr opr iations of the Boar d, the National Dr ug Law Enfor cement and Pr evention Coor dinating Center , the Nar cotics Gr oup of the PNP, the
Nar cotics Division of the NBI and other dr ug abuse units of the differ ent law enfor cement agencies integr ated into the PDEA in or der to carry out the
pr ovisions of this Act. Ther eafter , such sums as may be necessar y for the continued implementation of this Act shall be inclu ded in the annual
Gener al Appr opr iations Act.

All r eceipts der ived fr om fines, fees and other income author ized and imposed in this Act, including ten per cent (10%) of all unclaimed and
for feited sw eepstakes and lotto pr izes but not less than tw elve million pesos (P12,000,000.0 0) per year fr om the Philippine Char ity Sw eepstakes
Office (PCSO ), ar e her eby constituted as a special account in the gener al fund for the implementation of this Act: Pr ovided, That no amount shall be
disbursed to cover the oper ating ex penses of the Boar d and other concer ned agencies: Pr ovided, further , That at least fifty per cent (50%) of a ll the
funds shall be r eser ved for assistance to gover nment -owned and/or oper ated rehabilitation center s. TICaEc

The fines shall be r emitted to the Boar d by the cour t im posing such fines w ithin thirty (30) days fr om the finality of its decisions or or ders.
The unclaimed and for feited pr izes shall be tur ned over to the Boar d by the PCSO w ithin thir ty (30) days after these ar e collected and declar ed
for feited.

A por tion of the funds gener ated by the Philippine Amusement and Gaming Cor por ation (PAGCOR) in the amount of Five million pesos
(P5,000,000.00) a month shall be set aside for the pur pose of establishing adequate dr ug r ehabilitation center s in the countr y and also for the
maintenance and oper ations of such center s: Pr ovided, That the said amount shall be taken fr om the fifty per cent (50%) shar e of the National
Gover nment in the income of PAGCOR: Pr ovided, fur ther , That the said amount shall automatically be r emitted by PAGCOR to the Boar d. The
amount shall, in tur n, be disbur sed by the Danger ous Dr ugs Boar d, subject to the r ules and r egulations of the Commission on A udit (COA).
 The fund may be augmented by gr ants, donations, and endow ment fr om various sour ces, domestic or for eign, for pur poses r elated to their
functions, subject to the ex isting guidelines set by the gover nment.

SECTION 88. Management of Funds Under this Act; Annua l Repor t by the Boar d and the PDEA. — The Boar d shall manage the funds as it may
deem pr oper for the attainment of the objectives of this Act. In addition to the per iodic r eports as may be r equir ed under this Act, the Chair man of
the Boar d shall submit to the Pr esident of the Philippines and to the pr esiding officer s of both houses of Congr ess, w i thin fifteen (15) days fr om the
opening of the regular session, an annual r eport on the dangerous dr ugs situation in the country w hich shall include detailed account of the pr ogr ams
and pr ojects under taken, statistics on cr imes r elated to danger ous dr ugs, ex penses incur r ed pur suant to the pr ovisions of this Act, r ecommended
r emedial legislation; if needed, and such other r elevant facts as it may deem pr oper to cite.

SECTION 89. Au diting the Accounts and Ex penses of the Boar d and the PDEA. — All accounts and ex penses of the Boar d and the PDEA shall be
audited by the COA or its duly author ized r epresentative.

ARTICLE XI

Jur isdiction Over Danger ous Drugs Cases

SECTION 90. Jur isdiction. — The Supr eme Court shall designate special courts fr om among the existing Regional Tr ial Courts in each judicial
r egion to ex clusively try and hear cases involving violations of this Act. The number of courts designated in each judicial r egion shall be based on the
population and the number of cases pending in their r espective jur isdiction.

The DOJ shall designate special pr osecutor s to ex clusively handle cases involving violations of this Act.

The pr eliminar y investigation of cases filed under this Act shall be ter minated w ithin a per iod of thir ty (30) days fr om the date of their
filing.

When the pr eliminar y investigation is conducted by a publi c pr osecutor and a probable cause is established, the corr esponding information
shall be file d in cour t w ithin tw enty -four (24) hour s fr om the ter mination of the investigation. If the pr eliminary investigation is conducted by a judge
and a pr obable cause is found to ex ist, the cor r esponding infor mation shall be filed by the pr oper pr osecutor w ithin for ty -eight (48) hour s fr om the
date of r eceipt of the r ecor ds of the case.

Tr ial of the case under this Section shall be finished by the court not later than six ty (60) days fr om the date of the filing of the infor mati on.
Decision on said cases shall be r ender ed w ithin a per iod of fifteen (15) days fr om the date of submission of the case for r es olution.

SECTION 91. Responsibility and Liability of Law Enfor cement Agencies and Other Gover nment Officials and Employees in Testing as
Pr osecution Witnesses in Danger ous Dr ugs Cases. — Any member of law enfor cement agencies or any other gover nment officia l and employee w ho,
after due notice, fails or r efuses intentionally or negligently, to appear as a w itness for the pr osecution in any pr oceeding s, involving violations of
this Act, without any valid r eason, shall be punished w ith impr isonment of not less than tw elve (12) years and one (1) day to tw enty (20) year s and a
fine of not less than Five hundr ed thousand pesos (P500,000.00), in addition to the administr ative liability he/she may be me ted out by his/her
immediate super ior and/or appr opriate body. DSHTaC

The immediate super ior of the member of the law enfor cement agency or any other gover nment employee mentioned in the pr ecedin g
par agr aph shall be penalized w ith imprisonment of not less than tw o (2) months and one (1) day but not mor e than six (6) years and a fine of not less
than Ten thousand pesos (P10,000.00) but not mor e than Fifty thousand pesos (P50,000.00) and in addition, per petual absolute disqualification fr om
public office if despite due notice to them and to the w itness concer ned, the for me r does not ex er t reasonable effor t to pr esent the latter to the
cour t.

The member of the law enfor cement agency or any other gover nment employee mentioned in the pr eceding par agr aphs shall not be
tr ansfer red or re-assigned to any other gover nment office located in another ter r itorial jur isdiction dur ing the pendency of the case in cour t.
How ever , the concer ned member of the law enfor cement agency or gover nment employee may be tr ansfer red or re -assigned for compelling
r easons: Pr ovided, That his/her immediate super ior shall notify the cour t w her e the case is pending of the or der to tr ansfer or r e -assign, w ithin
tw enty-four (24) hour s fr om its appr oval: Pr ovided, fur ther , That his/her immediate super ior shall be penalized w ith impr isonment of not less than
tw o (2) months and one (1) day but not mor e than six (6) year s and a fine of not less than Ten thousand pesos (P10,000.00) but no t mor e than Fifty
thousand pesos (P50,000.00) and in addition, per petual absolute disqualification fr om public office, should he/s he fail to notify the cour t of such
or der to tr ansfer or re-assign.

Pr osecution and punishment under this Section shall be w ithout pr ejudice to any liability for violation of any ex isting law .

SECTION 92. Delay and Bungling in the Pr osecution of Dr ug Cases . — Any gover nment officer or employee tasked w ith the pr osecution of
dr ug-r elated cases under this Act, w ho, thr ough patent lax ity, inex cusable neglect, unr easonable delay or deliber ately causes the unsuccessful
pr osecution and/or dismissal of the said dr ug cases, shall suffer the penalty of impr isonment r anging fr om twelve (12) year s and one (1) day to
tw enty (20) year s w ithout pr ejudice to his/her pr osecution under the per tinent pr ovisions of the Revised Penal Code.

SECTION 93. Reclassification, Addition or Removal of Any Dr ug fr om the List of Danger ous Dr ugs. — The Boar d shall have the pow er to
r eclassify, add to or r emove fr om the list of danger ous dr ugs. Pr oceedings to r eclassify, add, or remove a drug or other substance may be initiated by
the PDEA, the DOH, or by petition fr om any inter ested par ty, including the manufactur er of a dr ug, a medical society or association, a p har macy
association, a public inter est gr oup concer ned w ith dr ug abuse, a national or local gover nment agency, or an individual cit izen. When a petition is
r eceived by the Boar d, it shall immediately begin its ow n investigation of the dr ug. The PDEA also may begin an investigation of a dr ug at any time
based upon the infor mation r eceived fr om law enfor cement labor ator ies, national and local law enfor cement and r egulator y agencies, or other
sour ces of infor mation.

The Boar d after notice and hear ing shall consider the follow ing factor s with respect to each substance pr oposed to be r eclass ified, added or
r emoved fr om contr ol:

(a) Its actual or r elative potential for abuse;

(b) Scientific evidence of its phar macological effect if know n;

(c) The state of cur r ent scientific know ledge r egar ding the dr ug or other substance;

(d) Its histor y and cur r ent pattern of abuse;

(e) The scope, dur ation, and significance of abuse;

(f) Risk to public health; and

(g) Whether the substance is an immediate pr ecur sor of a substance alr eady contr olled under this Act.

The Boar d shall also take into accor d the obligations and commitments to inter national tr eaties, conventions and agr eements to w hich the
Philippines is a signator y.

The Danger ous Dr ugs Boar d shall give notice to the gener al public of the public hear ing of the r eclassification, addition to or r emoval fr om
the list of any dr ug by publishing such notice in any new spaper of gener al cir culation once a w eek for tw o (2) w eeks.

The effect of such r eclassification, addition or r emoval shall be as follow s:

(a) In case a danger ous dr ug is r eclassified as pr ecur sor s and essential chemicals, the penalties for the violations of this Act involving the
tw o latter categor ies of dr ugs shall, in case of conviction, be imposed in all pending cr iminal pr osecutions;
 (b) In case a pr ecur sor and essential chemical is r eclassified as danger ous dr ug, the penalties for violation s of the Act involving pr ecur sor s
and essential chemicals shall, in case of conviction, be imposed in all pending cr iminal pr osecutions;

(c) In case of the addition of a new dr ug to the list of danger ous dr ugs and pr ecur sors and essential chemicals, no cr i minal liability involving
the same under this Act shall ar ise until after the lapse of fifteen (15) days fr om the last publication of such notice;

(d) In case of r emoval of a dr ug fr om the list of danger ous dr ugs and pr ecur sors and essential chemicals, all per sons convicted and/or
detained for the use and/or possession of such a dr ug shall be automatically r eleased and all pending criminal pr osecution in volving such a dr ug under
this Act shall for thw ith be dismissed; and

(e) The Boar d shall, w ithin five (5) days fr om the date of its pr omulgation submit to Congr ess a detailed r eclassification, addition, or
r emoval of any dr ug fr om the list of danger ous dr ugs.

ARTICLE XII

Implementing Rules and Regulations

SECTION 94. Implementing Rules and Regulations. — The pr esent Boar d in consultation w ith the DOH, DILG, DOJ, DepEd, DSWD, DOLE, PNP ,
NBI, PAGCOR and the PCSO and all other concer ned gover nment agencies shall pr omulgate w ithin sixty (60) days the Implementing Rules and
Regulations that shall be necessar y to im plement the pr ovisions of this Act.

ARTICLE XIII

Final Pr ovisions

SECTION 95. Congr essional Over sight Committee. — Ther e is her eby cr eated a Congr essional Over sight Committee composed of seven (7)
Member s fr om the Senate and seven (7) Member s fr om the Hous e of Repr esentatives. The Member s fr om the Senate shall be appointed by the Senate
Pr esident based on the pr opor tional r epresentation of the par ties or coalitions ther ein w ith at least tw o (2) Senator s r epr es enting the Minority. The
Member s fr om the House of Repr esentatives shall be appointed by the Speaker , also based on pr oportional r epr esentation of the par ties or coalitions
ther ein w ith at least tw o (2) Member s r epresenting the Minority.

The Committee shall be headed by the r espective Chair per sons of the Senate Committee on Public Or der and Illegal Dr ugs and the House of
Repr esentatives Committee on Danger ous Dr ugs.

SECTION 96. Pow er s and Functions of the Over sight Committee. — The Over sight Committee on Danger ous Dr ugs shall, in aid of legislation,
per for m the follow ing functions, among other s:

(a) To set the guidelines and over all fr amew or k to monitor and ensur e the pr oper implementation of this Act;

(b) To ensur e tr anspar ency and r equire the submission of r eports fr om gover nment agencies concer ned on t he conduct of pr ogr ams, pr ojects
and policies r elating to the implementation of this Act;

(c) To appr ove the budget for the pr ogr ams of the Over sight Committee on Danger ous Drugs and all disbur sements ther efrom, includi ng
compensation of all per sonnel;

(d) To submit per iodic r epor ts to the Pr esident of the Philippines and Congr ess on the implementation of the pr ovisions of this A ct;

(e) To deter mine inher ent w eaknesses in the law and r ecommend the necessar y r emedial legislation or ex ecutive measur es; and

(f) To per for m such other duties, functions and r esponsibilities as may be necessar y to effectively attain the objectives of this Act.

SECTION 97. Adoption of Committee Rules and Regulations, and Funding. — The Over sight Committee on Danger ous Dr ugs shall adopt its
inter nal r ules of pr ocedur e, conduct hear ings and r eceive testimonies, r epor ts, and technical advice, invite or summon by subpoena ad
testificandum any public official, pr ivate citizen, or any other per son to testify befor e it, or r equir e any per s on by subpoena duces tecum documents
or other mater ials as it may r equir e consistent w ith the pr ovisions of this Act.

The Oversight Committee on Danger ous Drugs shall be assisted by a secr etariat to be composed by personnel w ho may be seconded fr om the
Senate and the House of Repr esentatives and may r etain consultants.

To car r y out the pow er s and functions of the Over sight Committee on Danger ous Drugs, the initial sum of Tw enty -five million pesos
(P25,000,000.00) sha ll be char ged against the curr ent appr opr iations of the Senate. Ther eafter , such amount necessar y for its continued oper ations
shall be included in the annual Gener al Appr opr iations Act.

The Over sight Committee on Danger ous Dr ugs shall exist for a per iod of ten (10) year s fr om the effectivity of this Act and may be extended
by a joint concur r ent r esolution.

SECTION 98. Limited Applicability of the Revised Penal Code. — Notw ithstanding any law , r ule or r egulation to the contr ar y, the pr ovisions
of the Revised Penal Code (Act No. 3814), as amended, shall not apply to the pr ovisions of this Act, ex cept in the case of minor offender s. Wher e the
offender is a minor , the penalty for acts punishable by life impr isonment to death pr ovided her ein shall be r eclusion per petua to death.

SECTION 99. Separ ability Clause. — If for any r eason any section or pr ovision of this Act, or any por tion ther eof, or the application of such
section, pr ovision or portion ther eof to any per son, group or cir cumstance is declar ed invalid or unconstitutional, the r emai nder of this Act shall not
be affected by such declar ation and shall r emain in for ce and effect.

SECTION 100. Repealing Clause. — Republic Act No. 6425, as amended, is her eby r epealed and all other law s, administr ative orders, r ules
and r egulations, or par ts ther eof inconsistent w ith the pr ovisions of this Act, ar e her eby r epealed or modified accor dingly.

SECTION 101. Amending Clause. — Republic Act No. 7659 is her eby amended accor dingly.

SECTION 102. Effectivity. — This Act shall take effect fifteen (15) days upon its publication in at least tw o (2) national newspaper s of gener al
cir culation.

Appr oved: June 7, 2002