[REPUBLIC ACT NO.

9163]

AN ACT ESTABLISHING THE NATIONAL SERVICE TRAINING PROGRAM (NSTP) FOR

TERTIARY LEVEL STUDENTS, AMENDING FOR THE PURPOSE REPUBLIC ACT NO. 7077

AND PRESIDENTIAL DECREE NO. 1706, AND FOR OTHER PURPOSES

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

Congress assembled.

SECTION 1. Short Title. — This Act shall be known as the “National Service Training

Program (NSTP) Act of 2001”.

SEC. 2. Declaration of Policy. — It is hereby affirmed the prime duty of the government to

serve and protect its citizens, In turn, it shall be the responsibility of all citizens to

defend the security of the State and in fulfillment thereof, the government may require

each citizen to render personal, military or civil service.

Recognizing the youth’s vital role in nation-building, the State shall promote civic

consciousness among the youth and shall develop their physical, moral, spiritual,

intellectual and social well-being. It shall inculcate in the youth patriotism, nationalism,

and advance their involvement in public and civic affairs.

In pursuit of these goals, the youth, the most valuable resource of the nation, shall be

motivated, trained, organized and mobilized in military training, literacy, civic welfare and

other similar endeavors in the service of the nation.

SEC. 3. Definition of Terms. — For purposes of this Act, the following are hereby defined

as follows:
(a) “National Service Training Program (NSTP)” is a program aimed at enhancing civic

consciousness and defense preparedness in the youth by developing the ethics of

service and patriotism while undergoing training in any of its three (3) program

components. Its various components are specially designed to enhance the youth’s

active contribution to the general welfare.

(b) “Reserve-Officers’ Training Corps (ROTC)” is a program institutionalized under

Sections 38 and 39 of Republic Act No. 7077 designed to provide military training to

tertiary level students in order to motivate, train, organize and mobilize them for national

defense preparedness.

(c) “Literacy Training Service” is a program designed to train students to become

teachers of literacy and numeracy skills to school children, out of school youth, and

other segments of society in need of their service.

(d) “Civic Welfare Training Service” refers to programs or activities contributory to the

general welfare and the betterment of life for the members of the community or the

enhancement of its facilities, especially those devoted to improving health, education,

environment, entrepreneurship, safety, recreation and morals of the citizenry.

(e) “Program component” shall refer to the service components of the NSTP as

enumerated on Section 4 of this Act.

SEC. 4. Establishment of the National Service Training Program. — There is hereby

established a National Service Training Program (NSTP), which shall form part of the

curricula of all baccalaureate degree courses and of at least two (2)-year

technical-vocational courses and is a requisite for graduation, consisting of the

following service components:

(1) The Reserve Officers’ Training Corps (ROTC), which is hereby made optional and

voluntary upon the effectivity of this Act;

(2) The Literacy Training Service; and

(3) The Civil Welfare Training Service.

The ROTC under the NSTP shall instill patriotism, moral virtues, respect for rights of

civilians, and adherence to the Constitution, among others. Citizenship training shall be

given emphasis in all three (3) program components.

The Commission on Higher Education (CHED) and Technical Education and Skills

Development Authority (TESDA), in consultation with the Department of National

Defense (DND), Philippine Association of State Universities and Colleges (PASUC),

Coordinating Council of Private Educational Associations of the Philippines (COCOPEA)

and other concerned government agencies, may design and implement such other

program components as may be necessary in consonance with the provisions of this

Act.

SEC. 5. Coverage. — Students, male and female, of any baccalaureate degree course or

at least two (2)-year technical-vocational courses in public and private educational

institutions shall be required to complete one (1) of the NSTP components as requisite

for graduation.
SEC. 6. Duration and Equivalent Course Unit. — Each of the aforementioned NSTP

program components shall be undertaken for an academic period of two (2) semesters.

In lieu of the two (2)-semester program for any of the components of the NSTP, a one

(1) summer program may be designed, formulated and adopted by the DND, CHED and

TESDA.

SEC. 7. NSTP Offering in Higher and Technical-Vocational Educational Institutions. — All

higher and technical-vocational institutions, public and private, must offer at least one

of the program components: Provided, That State universities and colleges shall offer

the ROTC component and at least one other component as provided herein: Provided,

further, That private higher and technical-vocational education institutions may also

offer the ROTC if they have at least three hundred and fifty (350) cadet students.

In offering the NSTP whether during the semestral or summer periods, clustering of

affected students from different educational institutions may be done, taking into

account logistics, branch of service and geographical considerations. Schools that do

not meet the required number of students to maintain the optional ROTC and any of the

NSTP components shall allow their students to cross-enroll to other schools

irrespective of whether or not the NSTP components in said schools are being

administered by the same or another branch of service of the Armed Forces of the

Philippines (AFP), CHED and TESDA to which schools are identified.

SEC. 8. Fees and Incentives. — Higher and technical-vocational institutions shall not

collect any fee for any of the NSTP components except basic institution fees, which

shall not be more than fifty percent (50%) of what is currently charged by schools per

unit.
In the case of the ROTC, the DND shall formulate and adopt a program of assistance

and/or incentive to those students who will take the said component.

The school authorizes concerned, the CHED and TESDA shall ensure that group

insurance for health and accident shall be provided for students enrolled in any of the

NSTP components.

SEC. 9. Scholarships. — There is hereby created a Special Scholarship Program for

qualified students taking the NSTP which shall be administered by the CHED and

TESDA. Funds for this purpose shall be included in the annual regular appropriations of

the CHED and TESDA.

SEC. 10. Management of the NSTP Components. — The school authorities shall exercise

academic and administrative supervision over the design, formulation, and adoption

and implementation of the different NSTP components in their respective schools:

Provided, That in case a CHED- or TESDA-accredited non-government organization

(NGO) has been contracted to formulate and administer a training module for any of the

NSTP components, such academic and administrative supervision shall be exercised

jointly with that accredited NGO: Provided, further, That such training module shall be

accredited by the CHED and TESDA.

The CHED and TESDA regional offices shall oversee and monitor the implementation of

the NSTP under their jurisdiction to determine if the trainings are being conducted in

consonance with the objectives of this Act. Periodic reports shall be submitted to the

CHED, TESDA and DND in this regard.

SEC. 11. Creation of the National Service Reserve Corps. — There is hereby created a

National Service Reserve Corps, to be composed of the graduates of the non-ROTC

components. Members of this Corps may be tapped by the State for literacy and civic

welfare activities through the joint effort of the DND, CHED and TESDA.

Graduates of the ROTC shall form part of the Citizens’ Armed Force, pursuant to

Republic Act No. 7077.

SEC. 12. Implementing Rules. — The DND, CHED and TESDA shall have the joint

responsibility for the adoption of the implementing rules of this Act within sixty (60)

days from the approval of this Act.

These three (3) agencies shall consult with other concerned government agencies, the

PASUC and COCOPEA, NGOs and recognized student organizations in drafting the

implementing rules.

The implementing rules shall include the guidelines for the adoption of the appropriate

curriculum for each of the NSTP components as well as for the accreditation of the

same.

SEC. 13. Transitory Provisions. — Students who have yet to complete the Basic ROTC,

except those falling under Section 14 of this Act, may either continue in the program

component they are currently enrolled or shift to any of the other program components

of their choice: Provided, That in case he shifts to another program component, the

Basic ROTC courses he has completed shall be counted for the purpose of completing

the NSTP requirement: Provided, further, That once he has shifted to another program

component, he shall complete the NSTP in that component.

SEC. 14. Suspension of ROTC Requirement. — The completion of ROTC training as

requisite for graduation is hereby set aside for those students who despite completing

all their academic units as of the effectivity of this Act have not been allowed to

graduate.

SEC. 15. Separability Clause. — If any section or provision of this Act shall be declared

unconstitutional or invalid, the other sections or provisions not affected thereby shall

remain in full force and effect.

SEC. 16. Amendatory Clause. — Section 35 of Commonwealth Act No. 1, Executive Order

No. 207 of 1939, Sections 2 and 3 of Presidential Decree No. 1706, and Sections 38 and

39 of Republic Act No. 7077, as well as all laws, decrees, orders, rules and regulations

and other issuances inconsistent with the provisions of this Act are hereby deemed

amended and modified accordingly.

SEC. 17. Effectivity. — This Act shall take effect (15) days after its publication in two (2)

newspapers of national circulation, but the implementation of this Act commence in the

school year of 2002-2003.

1987 CONSTITUTION

ARTICLE III
BILL OF RIGHTS

Section 1. No person shall be deprived of life, liberty, or property without due process of

law, nor shall any person be denied the equal protection of the laws.

Section 2. The right of the people to be secure in their persons, houses, papers, and

effects against unreasonable searches and seizures of whatever nature and for any

purpose shall be inviolable, and no search warrant or warrant of arrest shall issue

except upon probable cause to be determined personally by the judge after examination

under oath or affirmation of the complainant and the witnesses he may produce, and

particularly describing the place to be searched and the persons or things to be seized.

Section 3. (1) The privacy of communication and correspondence shall be inviolable

except upon lawful order of the court, or when public safety or order requires otherwise,

as prescribed by law.

(2) Any evidence obtained in violation of this or the preceding section shall be

inadmissible for any purpose in any proceeding.

Section 4. No law shall be passed abridging the freedom of speech, of expression, or of

the press, or the right of the people peaceably to assemble and petition the government

for redress of grievances.

Section 5. No law shall be made respecting an establishment of religion, or prohibiting

the free exercise thereof. The free exercise and enjoyment of religious profession and
worship, without discrimination or preference, shall forever be allowed. No religious test

shall be required for the exercise of civil or political rights.

Section 6. The liberty of abode and of changing the same within the limits prescribed by

law shall not be impaired except upon lawful order of the court. Neither shall the right to

travel be impaired except in the interest of national security, public safety, or public

health, as may be provided by law.

Section 7. The right of the people to information on matters of public concern shall be

recognized. Access to official records, and to documents and papers pertaining to

official acts, transactions, or decisions, as well as to government research data used as

basis for policy development, shall be afforded the citizen, subject to such limitations as

may be provided by law.

Section 8. The right of the people, including those employed in the public and private

sectors, to form unions, associations, or societies for purposes not contrary to law shall

not be abridged.

Section 9. Private property shall not be taken for public use without just compensation.

Section 10. No law impairing the obligation of contracts shall be passed.

Section 11. Free access to the courts and quasi-judicial bodies and adequate legal

assistance shall not be denied to any person by reason of poverty.

Section 12. (1) Any person under investigation for the commission of an offense shall

have the right to be informed of his right to remain silent and to have competent and

independent counsel preferably of his own choice. If the person cannot afford the
services of counsel, he must be provided with one. These rights cannot be waived

except in writing and in the presence of counsel.

(2) No torture, force, violence, threat, intimidation, or any other means which vitiate the

free will shall be used against him. Secret detention places, solitary, incommunicado, or

other similar forms of detention are prohibited.

(3) Any confession or admission obtained in violation of this or Section 17 hereof shall

be inadmissible in evidence against him.

(4) The law shall provide for penal and civil sanctions for violations of this section as

well as compensation to and rehabilitation of victims of torture or similar practices, and

their families.

Section 13. All persons, except those charged with offenses punishable by reclusion

perpetua when evidence of guilt is strong, shall, before conviction, be bailable by

sufficient sureties, or be released on recognizance as may be provided by law. The right

to bail shall not be impaired even when the privilege of the writ of habeas corpus is

suspended. Excessive bail shall not be required.

Section 14. (1) No person shall be held to answer for a criminal offense without due

process of law.

(2) In all criminal prosecutions, the accused shall be presumed innocent until the

contrary is proved, and shall enjoy the right to be heard by himself and counsel, to be

informed of the nature and cause of the accusation against him, to have a speedy,

impartial, and public trial, to meet the witnesses face to face, and to have compulsory
process to secure the attendance of witnesses and the production of evidence in his

behalf. However, after arraignment, trial may proceed notwithstanding the absence of

the accused provided that he has been duly notified and his failure to appear is

unjustifiable.

Section 15. The privilege of the writ of habeas corpus shall not be suspended except in

cases of invasion or rebellion when the public safety requires it.

Section 16. All persons shall have the right to a speedy disposition of their cases before

all judicial, quasi-judicial, or administrative bodies.

Section 17. No person shall be compelled to be a witness against himself.

Section 18. (1) No person shall be detained solely by reason of his political beliefs and

aspirations.

(2) No involuntary servitude in any form shall exist except as a punishment for a crime

whereof the party shall have been duly convicted.

Section 19. (1) Excessive fines shall not be imposed, nor cruel, degrading or inhuman

punishment inflicted. Neither shall the death penalty be imposed, unless, for compelling

reasons involving heinous crimes, the Congress hereafter provides for it. Any death

penalty already imposed shall be reduced to reclusion perpetua.

(2) The employment of physical, psychological, or degrading punishment against any

prisoner or detainee or the use of substandard or inadequate penal facilities under

subhuman conditions shall be dealt with by law.

Section 20. No person shall be imprisoned for debt or non-payment of a poll tax.

Section 21. No person shall be twice put in jeopardy of punishment for the same

offense. If an act is punished by a law and an ordinance, conviction or acquittal under

either shall constitute a bar to another prosecution for the same act.

Section 22. No ex post facto law or bill of attainder shall be enacted.

REPUBLIC ACT NO. 8491

AN ACT PRESCRIBING THE CODE OF THE NATIONAL FLAG, ANTHEM, MOTTO,

COAT-OF-ARMS AND OTHER HERALDIC ITEMS AND DEVICES OF THE PHILIPPINES.

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

assembled:
SECTION 1. Short Title — This act shall be known as the “Flag and Heraldic Code of the

Philippines.”

SECTION 2. Declaration of Policy – Reverence and respect shall at all times be accorded

the flag, the anthem and other national symbols which embody the national ideals and

traditions and which express the principles of sovereignty and national solidarity. The

heraldic items and devices shall seek to manifest the national virtues and to inculcate in

the minds and hearts of our people a just pride in their native land, fitting respect and

affection for the national flag and anthem, and the proper use of the national motto,

coat-of-arms and other heraldic items and devices.

SECTION 3. Definition of Terms — Whenever used in this Act, the term:

a. “Military” shall mean all branches of the Armed Forces of the Philippines including the

Philippine National Police, the Bureau of Jail Management and Penology, and the

Bureau of Fire Protection;

b. “Festoon” shall mean to hang in a curved shape between two points as a decoration;

c. “Flag” shall mean the Philippine National Flag, unless stated otherwise;

d. “Fly” shall mean the part of the flag outside the hoist or length;

e. “Symbol” shall mean any conventional sign which reveals man’s achievement and

heroism (for orders and decorations), identification, authority and a sign of dignity (for

coat-of-arms, logo and insignia);

f. “Half-Mast” shall mean lowering the flag to one-half the distance between the top and

bottom of the staff;

g. “Hoist” shall mean the part of the flag nearest the staff or the canvass to which the

halyard is attached;

h. “Inclement Weather” shall mean that a typhoon signal is raised in the locality;

i. “National Anthem” shall mean the Philippine National Anthem’

j. “Official Residences” shall mean Malacañang, and other government-owned structures

where the President resides, and other structures occupied by the Philippine Consulate

or Embassies abroad;
k. “Places of Frivolty” shall mean places of hilarity marked by or providing boisterous

merriment or recreation; and

l. “Institute” shall mean the National Historical Institute.

CHAPTER 1

THE NATIONAL FLAG

A. Design of the National Flag

SECTION 4. The flag of the Philippines shall be blue, white and red with an eight-rayed

golden-yellow sun and three five-pointed stars, as consecrated and honored by the

people.

B. Hoisting and Display of the National Flag

SECTION 5. The flag shall be displayed in all public buildings, official residences public

plazas, and institutions of learning everyday throughout the year.

SECTION 6. The flag shall be permanently hoisted, day and night throughout the year, in

front of the following; at Malacanang Palace; the Congress of the Philippines building;

Supreme Court building; the Rizal Monument in Luneta, Manila; Aguinaldo Shrine in

Kawit, Cavite; Barasoain Shrine in Malolos, Bulacan; the Tomb of the Unknown Soldier,

Libingan ngmga Bayani; Mausuleo de los Beteranos dela Revolucion; all International

Ports of Entry and all other places as maybe designated by the Institute.

The flag shall be properly illuminated at night.

SECTION 7. The flag shall also be displayed in private buildings and residences or

raised in the open flag-staffs in front of said buildings every April 9 (Araw ngKagitingan);

May 1 (Labor Day); May 28 (National Flag Day) to June 12 (Independence Day); last

Sunday of August (National Heroes Day); November 30 (Bonifacio Day); and December

30 (Rizal Day); and on such other days as may be declared by the President and/or local

chief executives.

The flag may also be displayed throughout the year in private buildings or offices or

raised in the open on flag-staffs in front of private buildings: Provided, that they observe

flag-raising ceremonies in accordance with the rules and regulations to be issued by the

Office of the President.

SECTION 8. All government agencies and instrumentalities, and local government

offices, government-owned corporations and local government units are enjoined to

observe flag day with appropriate ceremonies. Socio-civic groups, non-government

organizations and the private sector are exhorted to cooperate in making the

celebrations a success.

SECTION 9. The flag shall be flown on merchant ships of Philippine registry of more

than one thousand (1000) gross tons and on all naval vessels.

On board naval vessels, the flag shall be displayed on the flagstaff at the stern when the

ship is at anchor. The Flag shall be hoisted to the gaff at the aftermast when the ship is

at sea.

SECTION 10. The flag, if flown from a flagpole, shall have its blue field on top in time of

peace and the red field on top in time of war; if in a hanging position, the blue field shall
be to the right (left of the observer) in time of peace, and the red field to the right (left of

the observer) in time of war.

The flagpole staff must be straight and slightly tapering at the top.

SECTION 11. If planted on the ground, the flagpole shall be at a prominent place and

shall be of such height as would give the flag commanding position in relation to the

buildings in the vicinity.

If attached to a building, the flagpole shall be on top of its roof or anchored on a sill

projecting at an angle upward.

If on stage or platform or government office, the flag shall be at the left (facing the

stage) or the left of the office upon entering.

SECTION 12. When the Philippine flag is flown with another flag, the flags, if both are

national flags, must be flown on separate staffs of the same height and shall be of

equal size. The Philippine flag shall be hoisted first and lowered last.

If the other flag is not a national flag, it may be flown in the same lineyard as the

Philippine flag but below the latter and it cannot be of greater size than the Philippine

flag.

SECTION 13. When displayed with another flag, the Philippine flag shall be on the right

of the other flag. If there is a line of other flags, the Philippine flag shall be in the middle

of the line.
When carried in a parade with flags, which are not national flags, the Philippine flag shall

be in front of the center of the line.

SECTION 14. A flag worn out through wear and tear shall not be thrown away. It shall be

solemnly burned to avoid misuse or desecration. The flag shall be replaced immediately

when it begins to show signs of wear and tear.

SECTION 15. The flag shall be raised at sunrise and lowered at sunset. It shall be on the

mast at the start of official’office hours, shall remain flying throughout the day.

SECTION 16. The flag may be displayed:

a. Inside or outside-a building or on a stationary flagpoles. If the flag is displayed

indoors on a flagpole, it shall be placed at the left of the observer as one enters the

room;

b. From the top of a flagpole, which shall be at a prominent place or a commanding

position in relation to the surrounding buildings;

c. From a staff projecting upward from the window sill, canopy, balcony or facade of a

building.

d. In a suspended position from a rope extending from a building to pole erected away

from the building;

e. Flat against the wall vertically with the sun and stars on top; and

f. Hanging in a vertical position across a street, with the blue field pointing east, if the

road is heading south or north, or pointing north if the road is heading east or west.
The flag shall not be raised when the weather is inclement. If already raised, the flag

shall not be lowered.

SECTION 17. The flag shall be hoisted to the top briskly and lowered ceremoniously.

The flag shall never touch anything beneath it, such as the ground, flood, water or other

objects.

After being lowered, the flag shall be handled and folded solemnly as part of the

ceremony.

C. Conduct of Flag Raising Ceremony

SECTION 18. All government offices and educational institutions shall henceforth

observe the flag-raising ceremony every Monday morning and the flag lowering

ceremony every Friday afternoon. The ceremony shall be simple and dignified and shall

include the playing or singing of the Philippine National Anthem.

SECTION 19. The office of the President upon the recommendation of the Institute shall

issue rules and regulations for the proper conduct of the flag ceremony.

SECTION 20. The observance of the flag ceremony in official or civic gatherings shall be

simple and dignified and shall include the playing or singing of the anthem in its original

Filipino lyrics and march tempo.

SECTION 21. During the flag-raising ceremony, the assembly shall stand in formation

racing the flag. At the moment the first note of the anthem is heard, everyone in the

premises shall come to attention; moving vehicles shall stop. All persons present shall
:.ace their right palms over their chests, those with hats shall uncover, while those in

military, scouting, security guard, and citizens military training uniforms shall give :.-.£

salute prescribed by their regulations, which salute shall be completed upon the last

note of the anthem.

The assembly shall sing the Philippine national anthem, accompanied by a band, r

available, and at the first note, the flag shall be raised briskly.

The same procedure shall be observed when the flag is passing in review or in parade.

SECTION 22. During the flag lowering, the flag shall be lowered solemnly and slowly so

that the flag shall be down the mast at the sound of the last note of the anthem. Those

in the assembly shall observe the same deportment or shall observe the same behavior

as for the flag-raising ceremony.

D. Half-Mast

SECTION 23. The flag shall be flown at half-mast as a sign of mourning on all buildings

and places where it is displayed, as provided for in this Act, on the day of official

announcement of the death of any of the following officials:

a. The President or a former President, for ten (10) days;

b. The Vice-President, the Chief Justice, the President of the Senate, and the Speaker of

the House of Representatives, for seven (7) days; and

c. Other persons to be determined by the Institute, for any period less than seven (7)

days.
The flag shall be flown at half-mast on all the buildings and places where the decedent

was holding office, on the day of death until the day of interment of an incumbent

member of the Supreme Court, the Cabinet, the Senate or the House of Representatives,

and such other persons as may be determined by the Institute.

The flag when flown at half-mast shall be first hoisted to the peak for a moment then

lowered to the half-mast position. The flag shall again be raised briskly to the peak

before it is lowered for the day.

E. Casket

SECTION 24. The flag may be used to cover the caskets of the honored dead of the

military, veterans of previous wars, national artists, and of civilians who have rendered

distinguished service to the nation, as maybe determined by the local government unit

concerned. In such cases, the flag shall be placed such that the white triangle shall be

at the head and the blue portion shall cover the right side of the caskets. The flag shall

not be lowered to the grave or allowed to touch the ground, but shall be folded solemnly

and handed over to the heirs of the deceased.

F. Pledge to the Flag

SECTION 25. The following shall be the Pledge of Allegiance to the Philippine Flag:

Ako ay Filipino

Buong katapatang nanunumpa

Sa watawat ng Pilipinas
At sa bansang kanyang sinasagisag

Na may dangal, katarungan, at kalayaan

Na pinakikilos ng sambayanang

Maka-Diyos,

Makatao,

Makakalikasan, at

Makabansa.

Such pledge shall be recited while standing with the right hand palm open raised

shoulder high. Individuals whose faith or religious beliefs prohibit them from making

such pledge must nonetheless show full respect when the pledge is being rendered by

standing at attention.

G. Flag Days

SECTION 26. The period from May 28 to June 12 of each year is declared as Flag Days,

during which period all offices, agencies and instrumentalities of government, business

establishments, institutions of learning and private homes are enjoined to display the

flag.

H. Specifications of the National Flag

SECTION 27. The flag shall have the following proportions. The width of the flag, 1; the

length of the flag, 2; and the sides of the white triangle, 1.

SECTION 28. The technical specifications shall be as follows:

The blue color shall bear Cable No. 80173; the white color, Cable No. 80001 the red

color, Cable No. 80108; and the golden yellow, Cable No. 80068.

SECTION 29. In order to establish uniform criteria in the making of our national flag and

to guarantee its durability by the use of quality materials, the following standards and

procedures shall be observed:

a. All requisitions for the purchase of the Philippine National Flag must be based on

strict compliance with the deisgn, color, craftmanship and material requriements of the

Government.

b. All submitted samples of flags by accredited suppliers offered for purchase for

government use shall be evaluated as to design, color and craftmanship specifications

by the Institute, through its Heraldry and Display Section, which shall stamp its approval

or disapproval on the canvass reinforcement of the flag sample submitted. The samples

shall be sent to the Institute by the requisitioning office, not by the flag supplier; and

c. The Industrial Technology Development Institute (ITDI) or the Philippine Textile

Research Institute (PTRI) of the Department of Science and Technology (DOST) shall

evaluate the quality of material of all flag samples and certify whether the fabric for the

blue, white, red and golden yellow colors, including the canvass submitted, conforms to

government requirement as to quality of the material. The samples shall be submitted

by the said office to the Institute.

SECTION 30. All deliveries of the flags requisitioned by the government shall be

inspected by the requisitioning agency’s internal inspector and by the Commission on

Audit (COA) using the flag stamped approved by the Institute as reference.

SECTION 31. In carrying out its responsibilities under Section 4 hereof, the Institute,

COA, the ITDI/PTRI shall prepare guidelines to be approved by the Office of the

President.

SECTION 32. All government agencies and instrumentalities shall ensure that the

requirements under this Act with respect to the standards, requisitions and delivery of

the national flag are strictly complied with.

SECTION 33. All departments, agencies, offices, and instrumentalities of the

government, government-owned or controlled corporations, local government units,

including barangays, shall include in their annual budgets the necessary outlay for the

purchase of the national flag.

I. Prohibited Acts

SECTION 34. It shall be prohibited

a. To mutilate, deface, defile, trample, on or cast contempt any act or omission casting

dishonor or ridicule upon the flag over its surface;

b. To dip the flag to any person or object by way of compliment or salute;

c. To use the flag:

1. As a drapery, festoon, tablecloth

2. As covering for ceilings, walls, statues or other objects;

3. As a pennant in the hood, side, back and top of motor vehicles;

4. As a staff or whip;

5. For unveiling monuments or statues; and

6. As trademarks or for industrial, commercial or agricultural labels or designs.

d. Display the flag:

1. Under any painting or picture;

2. Horizontally face-up. It shall always be hoisted aloft and be allowed to fall freely;

3. Below any platform; or

4. In discotheques, cockpits, night and day clubs, casinos, gambling joints and places of

vice or where frivolity prevails.

e. To wear the flag in whole or in part as a costume or uniform;

f. To add any word, figure, mark, picture, design, drawings, advertisements, or imprint of

any nature on the flag;

g. To print, paint or attach representation of the flag on handkerchiefs, napkins,

cushions, and other articles of merchandise;

h. To display in public any foreign flag, except in embassies and other diplomatic

establishments, and in offices of international organizations.

i. To use, display or be part of any advertisement of infomercial; and

j. To display the flag in front of buildings or offices occupied by aliens.

CHAPTER II

THE NATIONAL ANTHEM

SECTION 35. The National Anthem is entitled Lupang Hinirang.

SECTION 36. The National Anthem shall always be sung in the national language v/ithin

or without the country. The following shall be the lyrics of the National Anthem.

Bayang magiliw,

Perlas ng silanganan,

Alab ng puso

Sa dibdib mo’y buhay.

Lupang hinirang,

Duyan ka ng magiting,

Sa manlulupig

Di ka pasisiil.
Sa dagat at bundok,

Sa simoy at sa langit mong bughaw,

May dilag ang tula

At awit sa paglayang minamahal.

Ang kislap ng watawat mo’y

Tagumpay na nagniningning;

Ang bituin at araw niya,

Kailan pa ma’y di magdidilim.

Lupa ng araw, ng luwalhati’t pagsinta,

Buhay ay langit sa piling mo;

Aming ligaya na ‘pag may mang-aapi,

Ang mamatay nang dahil sa ‘yo.

SECTION 37. The rendition of the National Anthem, whether played or sung, shall be in

accordance with the musical arrangement and composition of Julian Felipe.

SECTION 38. When the National Anthem is played at a public gathering, whether by a

band or by singing or both, or reproduced by any means, the attending public shall sing

the anthem. The singing must be done with fervor.

As a sign of respect, all persons shall stand at attention and face the Philippine flag, if

there is one displayed, and if there is none, they shall face the band or the conductor. At

the first note, all persons shall execute a salute by placing their right palms over their

left chests. Those in military, scouting, citizen’s military training and security guard

uniforms shall give the salute prescribed by their regulations. The salute shall be

completed upon the last note of the anthem.

The anthem shall not be played and sung for mere recreation, amusement or

entertainment purposes except on the following occasions:

a. International competitions where the Philippines is the host or has a representative;

b. Local competitions;

c. During “signing off” and “signing on” of radio broadcasting and television stations;

d. Before the initial and last screening of films or before the opening of theater

performances; and

e. Other occasions as may be allowed by the Institute.

SECTION 39. All officials and employees of the national and local governments, and any

agencies or instrumentalities thereof, including government-owned or controlled

corporations, privately-owned entities of offices displaying the national flag and

government institutions of learning are hereby directed to comply strictly with the rules

prescribed for the rendition of the anthem. Failure to observe the rules shall be a ground

for administrative discipline.

 CHAPTER III

THE NATIONAL MOTTO

SECTION 40. The national Motto shall be “MAKA-DIYOS, MAKA-TAO, MAKAKALIKASAN

AT MAKABANSA.”

CHAPTER IV

NATIONAL COAT-OF-ARMS

SECTION 41. The National Coat-of-Arms shall have:

Paleways of two (2) pieces, azure and gules; a chief argent studded with three (3)

mullets equidistant from each other; and, in point of honor, ovoid argent over all the sun

rayonnant with eight minor lesser rays. Beneath shall be the scroll with the words

“REPUBLIKA NG PILIPINAS,” inscribed thereon.

CHAPTER V

THE GREAT SEAL

SECTION 42. The Great Seal shall be circular in form, with the arms as described in the

preceding section, but without the scroll and the inscription thereon. Surrounding the

whole shall be a double marginal circle within which shall appear the words “Republika

ng Pilipinas.” For the purpose of placing The Great Seal, the color of the arms shall not

be deemed essential but tincture representation must be used.

The Great Seal shall bear the National Motto.

SECTION 43. The Great Seal shall be affixed to or placed upon all commissions signed

by the President and upon such other official documents and papers of the Republic of

the Philippines as may be provided by law, or as may be required bv custom and usage.

The President shall have custody of the Great Seal.

CHAPTER VI

OFFICIAL SEALS AND OTHER HERALDIC ITEMS AND DEVICES

SECTION 44. Any government entity, including the military, may adopt appropriate

coat-of-arms, administrative seals, logo, insignia, badges, patches, banners and initiate

awards, citations, orders or decorations, as may be authorized by the Congress or the

Office of the President.

SECTION 45. Such hearldic devices and items shall be filed with the Institute for

recording and evaluation as to precedence, design, customs and traditions. The institute

shall promulgate the corresponding rules and regulations which shall be submitted for

approval to the Office of the President or to Congress.

SECTION 46. All government offices including the military are hereby ordered to

purchase all heraldic items and devices from manufacturers accredited and authorized

by the Institute. Such items and devices shall be subject to inspection by the purchasing

agency’s internal inspector and the COA representative using the design and

specifications approved by the Office of the President or by the Congress, through the

Institute.
SECTION 47. No government official or employee shall accept any orders or

decorations from any foreign government without the consent of Congress, and without

the prior evaluation and documentation of such order or decoration by the Institute.

CHAPTER VII

PENALTIES

SECTION 48. Failure or refusal to observe the provisions of this Act; and any violation of

the corresponding rules and regulations issued by the Office of the President shall, after

proper notice and hearing, be penalized by public censure which shall be published at

least once in a newspaper of general circulation.

The Department of Education, Culture and Sports and the Commission on Higher

Education, upon the recommendation of the Institute and after the proper notice and

hearing, shall cause the cancellation of the recognition of permit of any private

educational institution which fails or refuses to observe the provisions of this Act for the

second time.

SECTION 49. The Department of Education, Culture and Sports (DECS) and the

Commission on Higher Education shall ensure that the National Anthem, as adopted by

law, shall be committed to memory by all students of both public and private

educational institutions, and performed during the flag ceremony conducted in

accordance with the rules and regulations issued by the Office of the President. In

addition, they shall make available the vocal, piano or band scores of the National

Anthem, as adopted by law, to all private and public schools, as well as he general

public.
SECTION 50. Any person or judicial entity which violates any of the provisions of this

Act shall, upon conviction, be punished by a fine of not less than Five thousand pesos

(5,000.00) not more than Twenty thousand pesos (P20,000.00), or by imprisonment for

not more than one (1) year, or both such fine and imprisonment, at the discretion of the

court: Provided, That for any second and additional offenses, both fine and

imprisonment shall always be imposed: Provided, That in case the violation is commited

by a juridical person, its President or Chief Executive Officer thereof shall be liable.

CHAPTER VIII

COMMON PROVISION

SECTION 51. The Institute shall issue the necessary-rules and regulations to implement

the provisions of this Act within ninety (90) days after effectivity. The Institute shall

submit its rules and regulations to the Office of the President and the Congress of the

Philippines.

SECTION 52. The Institute shall also be responsible for the strict enforcement of the

provision of this Act. It may call upon any government department, agency, office, or

government instrumentality, including government corporations and local government

units, for such assistance as it may deem necessary for the effective discharge of its

functions under this Act.

SECTION 53. Separability Clause— If any provision, or part hereof, is held invalid or

unconstitutional, the remeinder of this Act not otherwise affected shall be valid and

subisting.
SECTION 54. Repealing Clause – Any law, presidential decree or issuance, executive

order, letter of instruction, administrative order, rule and regulation contrary to or

inconsistent with the provisions of this Act is hereby repealed, modified, or amended

accordingly.

SECTION 55. Effectivity — This Act shall be effective fifteen (15) days from the date of

its publication in Official Gazette or in at east two (2) newspapers of general circulation.

REPUBLIC ACT NO. 9165 ​ June 7, 2002

AN ACT INSTITUTING THE COMPREHENSIVE DANGEROUS DRUGS ACT OF 2002, REPEALING

REPUBLIC ACT NO. 6425, OTHERWISE KNOWN AS THE DANGEROUS DRUGS ACT OF 1972, AS
AMENDED, PROVIDING FUNDS THEREFOR, AND FOR OTHER PURPOSES

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

Section 1. Short Title. – This Act shall be known and cited as the "Comprehensive Dangerous Drugs
Act of 2002".

Section 2. Declaration of Policy. – It is the policy of the State to safeguard the integrity of its territory
and the well-being of its citizenry particularly the youth, from the harmful effects of dangerous drugs
on their physical and mental well-being, and to defend the same against acts or omissions
detrimental to their development and preservation. In view of the foregoing, the State needs to
enhance further the efficacy of the law against dangerous drugs, it being one of today's more serious
social ills.

Toward this end, the government shall pursue an intensive and unrelenting campaign against the
trafficking and use of dangerous drugs and other similar substances through an integrated system
of planning, implementation and enforcement of anti-drug abuse policies, programs, and projects.
The government shall however aim to achieve a balance in the national drug control program so that
people with legitimate medical needs are not prevented from being treated with adequate amounts
of appropriate medications, which include the use of dangerous drugs.

It is further declared the policy of the State to provide effective mechanisms or measures to
re-integrate into society individuals who have fallen victims to drug abuse or dangerous drug
dependence through sustainable programs of treatment and rehabilitation.

ARTICLE I

Definition of terms

Section 3. Definitions. As used in this Act, the following terms shall mean:
(a) Administer. – Any act of introducing any dangerous drug into the body of any person, with or
without his/her knowledge, by injection, inhalation, ingestion or other means, or of committing any
act of indispensable assistance to a person in administering a dangerous drug to himself/herself
unless administered by a duly licensed practitioner for purposes of medication.

(b) Board. - Refers to the Dangerous Drugs Board under Section 77, Article IX of this Act.

(c) Centers. - Any of the treatment and rehabilitation centers for drug dependents referred to in
Section 34, Article VIII of this Act.

(d) Chemical Diversion. – The sale, distribution, supply or transport of legitimately imported,
in-transit, manufactured or procured controlled precursors and essential chemicals, in diluted,
mixtures or in concentrated form, to any person or entity engaged in the manufacture of any
dangerous drug, and shall include packaging, repackaging, labeling, relabeling or concealment of
such transaction through fraud, destruction of documents, fraudulent use of permits, misdeclaration,
use of front companies or mail fraud.

(e) Clandestine Laboratory. – Any facility used for the illegal manufacture of any dangerous drug
and/or controlled precursor and essential chemical.

(f) Confirmatory Test. – An analytical test using a device, tool or equipment with a different chemical
or physical principle that is more specific which will validate and confirm the result of the screening
test.

(g) Controlled Delivery. – The investigative technique of allowing an unlawful or suspect

consignment of any dangerous drug and/or controlled precursor and essential chemical, equipment
or paraphernalia, or property believed to be derived directly or indirectly from any offense, to pass
into, through or out of the country under the supervision of an authorized officer, with a view to
gathering evidence to identify any person involved in any dangerous drugs related offense, or to
facilitate prosecution of that offense.

(h) Controlled Precursors and Essential Chemicals. – Include those listed in Tables I and II of the
1988 UN Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances as
enumerated in the attached annex, which is an integral part of this Act.

(i) Cultivate or Culture. – Any act of knowingly planting, growing, raising, or permitting the planting,
growing or raising of any plant which is the source of a dangerous drug.

(j) Dangerous Drugs. – Include those listed in the Schedules annexed to the 1961 Single Convention
on Narcotic Drugs, as amended by the 1972 Protocol, and in the Schedules annexed to the 1971
Single Convention on Psychotropic Substances as enumerated in the attached annex which is an
integral part of this Act.

(k) Deliver. – Any act of knowingly passing a dangerous drug to another, personally or otherwise, and
by any means, with or without consideration.
(l) Den, Dive or Resort. – A place where any dangerous drug and/or controlled precursor and
essential chemical is administered, delivered, stored for illegal purposes, distributed, sold or used in
any form.

(m) Dispense. – Any act of giving away, selling or distributing medicine or any dangerous drug with
or without the use of prescription.

(n) Drug Dependence. – As based on the World Health Organization definition, it is a cluster of
physiological, behavioral and cognitive phenomena of variable intensity, in which the use of
psychoactive drug takes on a high priority thereby involving, among others, a strong desire or a
sense of compulsion to take the substance and the difficulties in controlling substance-taking
behavior in terms of its onset, termination, or levels of use.

(o) Drug Syndicate. – Any organized group of two (2) or more persons forming or joining together
with the intention of committing any offense prescribed under this Act.

(p) Employee of Den, Dive or Resort. – The caretaker, helper, watchman, lookout, and other persons
working in the den, dive or resort, employed by the maintainer, owner and/or operator where any
dangerous drug and/or controlled precursor and essential chemical is administered, delivered,
distributed, sold or used, with or without compensation, in connection with the operation thereof.

(q) Financier. – Any person who pays for, raises or supplies money for, or underwrites any of the
illegal activities prescribed under this Act.

(r) Illegal Trafficking. – The illegal cultivation, culture, delivery, administration, dispensation,
manufacture, sale, trading, transportation, distribution, importation, exportation and possession of
any dangerous drug and/or controlled precursor and essential chemical.

(s) Instrument. – Any thing that is used in or intended to be used in any manner in the commission
of illegal drug trafficking or related offenses.

(t) Laboratory Equipment. – The paraphernalia, apparatus, materials or appliances when used,
intended for use or designed for use in the manufacture of any dangerous drug and/or controlled
precursor and essential chemical, such as reaction vessel, preparative/purifying equipment,
fermentors, separatory funnel, flask, heating mantle, gas generator, or their substitute.

(u) Manufacture. – The production, preparation, compounding or processing of any dangerous drug
and/or controlled precursor and essential chemical, either directly or indirectly or by extraction from
substances of natural origin, or independently by means of chemical synthesis or by a combination
of extraction and chemical synthesis, and shall include any packaging or repackaging of such
substances, design or configuration of its form, or labeling or relabeling of its container; except that
such terms do not include the preparation, compounding, packaging or labeling of a drug or other
substances by a duly authorized practitioner as an incident to his/her administration or dispensation
of such drug or substance in the course of his/her professional practice including research, teaching
and chemical analysis of dangerous drugs or such substances that are not intended for sale or for
any other purpose.
(v) Cannabis or commonly known as "Marijuana" or "Indian Hemp" or by its any other name. –
Embraces every kind, class, genus, or specie of the plant Cannabis sativa L. including, but not limited
to, Cannabis americana, hashish, bhang, guaza, churrus and ganjab, and embraces every kind, class
and character of marijuana, whether dried or fresh and flowering, flowering or fruiting tops, or any
part or portion of the plant and seeds thereof, and all its geographic varieties, whether as a reefer,
resin, extract, tincture or in any form whatsoever.

(w) Methylenedioxymethamphetamine (MDMA) or commonly known as "Ecstasy", or by its any other

name. – Refers to the drug having such chemical composition, including any of its isomers or
derivatives in any form.

(x) Methamphetamine Hydrochloride or commonly known as "Shabu", "Ice", "Meth", or by its any
other name. – Refers to the drug having such chemical composition, including any of its isomers or
derivatives in any form.

(y) Opium. – Refers to the coagulated juice of the opium poppy (Papaver somniferum L.) and
embraces every kind, class and character of opium, whether crude or prepared; the ashes or refuse
of the same; narcotic preparations thereof or therefrom; morphine or any alkaloid of opium;
preparations in which opium, morphine or any alkaloid of opium enters as an ingredient; opium
poppy; opium poppy straw; and leaves or wrappings of opium leaves, whether prepared for use or
not.

(z) Opium Poppy. – Refers to any part of the plant of the species Papaver somniferum L., Papaver
setigerum DC, Papaver orientale, Papaver bracteatum and Papaver rhoeas, which includes the seeds,
straws, branches, leaves or any part thereof, or substances derived therefrom, even for floral,
decorative and culinary purposes.

(aa) PDEA. – Refers to the Philippine Drug Enforcement Agency under Section 82, Article IX of this
Act.

(bb) Person. – Any entity, natural or juridical, including among others, a corporation, partnership,
trust or estate, joint stock company, association, syndicate, joint venture or other unincorporated
organization or group capable of acquiring rights or entering into obligations.

(cc) Planting of Evidence. – The willful act by any person of maliciously and surreptitiously inserting,
placing, adding or attaching directly or indirectly, through any overt or covert act, whatever quantity
of any dangerous drug and/or controlled precursor and essential chemical in the person, house,
effects or in the immediate vicinity of an innocent individual for the purpose of implicating,
incriminating or imputing the commission of any violation of this Act.

(dd) Practitioner. – Any person who is a licensed physician, dentist, chemist, medical technologist,
nurse, midwife, veterinarian or pharmacist in the Philippines.

(ee) Protector/Coddler. – Any person who knowingly and willfully consents to the unlawful acts
provided for in this Act and uses his/her influence, power or position in shielding, harboring,
screening or facilitating the escape of any person he/she knows, or has reasonable grounds to
believe on or suspects, has violated the provisions of this Act in order to prevent the arrest,
prosecution and conviction of the violator.

(ff) Pusher. – Any person who sells, trades, administers, dispenses, delivers or gives away to another,
on any terms whatsoever, or distributes, dispatches in transit or transports dangerous drugs or who
acts as a broker in any of such transactions, in violation of this Act.

(gg) School. – Any educational institution, private or public, undertaking educational operation for
pupils/students pursuing certain studies at defined levels, receiving instructions from teachers,
usually located in a building or a group of buildings in a particular physical or cyber site.

(hh) Screening Test. – A rapid test performed to establish potential/presumptive positive result.

(ii) Sell. – Any act of giving away any dangerous drug and/or controlled precursor and essential
chemical whether for money or any other consideration.

(jj) Trading. – Transactions involving the illegal trafficking of dangerous drugs and/or controlled
precursors and essential chemicals using electronic devices such as, but not limited to, text
messages, email, mobile or landlines, two-way radios, internet, instant messengers and chat rooms
or acting as a broker in any of such transactions whether for money or any other consideration in
violation of this Act.

(kk) Use. – Any act of injecting, intravenously or intramuscularly, of consuming, either by chewing,
smoking, sniffing, eating, swallowing, drinking or otherwise introducing into the physiological system
of the body, and of the dangerous drugs.

ARTICLE II

Unlawful Acts and Penalties

Section 4. Importation of Dangerous Drugs and/or Controlled Precursors and Essential Chemicals.-
.The penalty of life imprisonment to death and a ranging from Five hundred thousand pesos
(P500,000.00) to Ten million pesos (P10,000,000.00) shall be imposed upon any person, who, unless
authorized by law, shall import or bring into the Philippines any dangerous drug, regardless of the
quantity and purity involved, including any and all species of opium poppy or any part thereof or
substances derived therefrom even for floral, decorative and culinary purposes.

The penalty of imprisonment ranging from twelve (12) years and one (1) day to twenty (20) years
and a fine ranging from One hundred thousand pesos (P100,000.00) to Five hundred thousand pesos
(P500,000.00) shall be imposed upon any person, who, unless authorized by law, shall import any
controlled precursor and essential chemical.

The maximum penalty provided for under this Section shall be imposed upon any person, who,
unless authorized under this Act, shall import or bring into the Philippines any dangerous drug
and/or controlled precursor and essential chemical through the use of a diplomatic passport,
diplomatic facilities or any other means involving his/her official status intended to facilitate the
unlawful entry of the same. In addition, the diplomatic passport shall be confiscated and canceled.
The maximum penalty provided for under this Section shall be imposed upon any person, who
organizes, manages or acts as a "financier" of any of the illegal activities prescribed in this Section.

The penalty of twelve (12) years and one (1) day to twenty (20) years of imprisonment and a fine
ranging from One hundred thousand pesos (P100,000.00) to Five hundred thousand pesos
(P500,000.00) shall be imposed upon any person, who acts as a "protector/coddler" of any violator
of the provisions under this Section.

Section 5. Sale, Trading, Administration, Dispensation, Delivery, Distribution and Transportation of

Dangerous Drugs and/or Controlled Precursors and Essential Chemicals. - The penalty of life
imprisonment to death and a fine ranging from Five hundred thousand pesos (P500,000.00) to Ten
million pesos (P10,000,000.00) shall be imposed upon any person, who, unless authorized by law,
shall sell, trade, administer, dispense, deliver, give away to another, distribute dispatch in transit or
transport any dangerous drug, including any and all species of opium poppy regardless of the
quantity and purity involved, or shall act as a broker in any of such transactions.

The penalty of imprisonment ranging from twelve (12) years and one (1) day to twenty (20) years
and a fine ranging from One hundred thousand pesos (P100,000.00) to Five hundred thousand pesos
(P500,000.00) shall be imposed upon any person, who, unless authorized by law, shall sell, trade,
administer, dispense, deliver, give away to another, distribute, dispatch in transit or transport any
controlled precursor and essential chemical, or shall act as a broker in such transactions.

If the sale, trading, administration, dispensation, delivery, distribution or transportation of any

dangerous drug and/or controlled precursor and essential chemical transpires within one hundred
(100) meters from the school, the maximum penalty shall be imposed in every case.

For drug pushers who use minors or mentally incapacitated individuals as runners, couriers and
messengers, or in any other capacity directly connected to the dangerous drugs and/or controlled
precursors and essential chemical trade, the maximum penalty shall be imposed in every case.

If the victim of the offense is a minor or a mentally incapacitated individual, or should a dangerous
drug and/or a controlled precursor and essential chemical involved in any offense herein provided be
the proximate cause of death of a victim thereof, the maximum penalty provided for under this
Section shall be imposed.

The maximum penalty provided for under this Section shall be imposed upon any person who
organizes, manages or acts as a "financier" of any of the illegal activities prescribed in this Section.

The penalty of twelve (12) years and one (1) day to twenty (20) years of imprisonment and a fine
ranging from One hundred thousand pesos (P100,000.00) to Five hundred thousand pesos
(P500,000.00) shall be imposed upon any person, who acts as a "protector/coddler" of any violator
of the provisions under this Section.

Section 6. Maintenance of a Den, Dive or Resort. - The penalty of life imprisonment to death and a
fine ranging from Five hundred thousand pesos (P500,000.00) to Ten million pesos (P10,000,000.00)
shall be imposed upon any person or group of persons who shall maintain a den, dive or resort
where any dangerous drug is used or sold in any form.
The penalty of imprisonment ranging from twelve (12) years and one (1) day to twenty (20) years
and a fine ranging from One hundred thousand pesos (P100,000.00) to Five hundred thousand pesos
(P500,000.00) shall be imposed upon any person or group of persons who shall maintain a den, dive,
or resort where any controlled precursor and essential chemical is used or sold in any form.

The maximum penalty provided for under this Section shall be imposed in every case where any
dangerous drug is administered, delivered or sold to a minor who is allowed to use the same in such
a place.

Should any dangerous drug be the proximate cause of the death of a person using the same in such
den, dive or resort, the penalty of death and a fine ranging from One million (P1,000,000.00) to
Fifteen million pesos (P500,000.00) shall be imposed on the maintainer, owner and/or operator.

If such den, dive or resort is owned by a third person, the same shall be confiscated and escheated
in favor of the government: Provided, That the criminal complaint shall specifically allege that such
place is intentionally used in the furtherance of the crime: Provided, further, That the prosecution
shall prove such intent on the part of the owner to use the property for such purpose: Provided,
finally, That the owner shall be included as an accused in the criminal complaint.

The maximum penalty provided for under this Section shall be imposed upon any person who
organizes, manages or acts as a "financier" of any of the illegal activities prescribed in this Section.

The penalty twelve (12) years and one (1) day to twenty (20) years of imprisonment and a fine
ranging from One hundred thousand pesos (P100,000.00) to Five hundred thousand pesos
(P500,000.00) shall be imposed upon any person, who acts as a "protector/coddler" of any violator
of the provisions under this Section.

Section 7. Employees and Visitors of a Den, Dive or Resort. - The penalty of imprisonment ranging
from twelve (12) years and one (1) day to twenty (20) years and a fine ranging from One hundred
thousand pesos (P100,000.00) to Five hundred thousand pesos (P500,000.00) shall be imposed
upon:

(a) Any employee of a den, dive or resort, who is aware of the nature of the place as such; and

(b) Any person who, not being included in the provisions of the next preceding, paragraph, is aware
of the nature of the place as such and shall knowingly visit the same

Section 8. Manufacture of Dangerous Drugs and/or Controlled Precursors and Essential Chemicals. -
The penalty of life imprisonment to death and a fine ranging Five hundred thousand pesos
(P500,000.00) to Ten million pesos (P10,000,000.00) shall be imposed upon any person, who, unless
authorized by law, shall engage in the manufacture of any dangerous drug.

The penalty of imprisonment ranging from twelve (12) years and one (1) day to twenty (20) years
and a fine ranging from One hundred thousand pesos (P100,000.00) to Five hundred thousand pesos
(P500,000.00) shall be imposed upon any person, who, unless authorized by law, shall manufacture
any controlled precursor and essential chemical.
The presence of any controlled precursor and essential chemical or laboratory equipment in the
clandestine laboratory is a prima facie proof of manufacture of any dangerous drug. It shall be
considered an aggravating circumstance if the clandestine laboratory is undertaken or established
under the following circumstances:

(a) Any phase of the manufacturing process was conducted in the presence or with the help of
minor/s:

(b) Any phase or manufacturing process was established or undertaken within one hundred (100)
meters of a residential, business, church or school premises;

(c) Any clandestine laboratory was secured or protected with booby traps;

(d) Any clandestine laboratory was concealed with legitimate business operations; or

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

The maximum penalty provided for under this Section shall be imposed upon any person, who
organizes, manages or acts as a "financier" of any of the illegal activities prescribed in this Section.

The penalty of twelve (12) years and one (1) day to twenty (20) years of imprisonment and a fine
ranging from One hundred thousand pesos (P100,000.00) to Five hundred thousand pesos
(P500,000.00) shall be imposed upon any person, who acts as a "protector/coddler" of any violator
of the provisions under this Section.

Section 9. Illegal Chemical Diversion of Controlled Precursors and Essential Chemicals. - The penalty
of imprisonment ranging from twelve (12) years and one (1) day to twenty (20) years and a fine
ranging from One hundred thousand pesos (P100,000.00) to Five hundred thousand pesos
(P500,000.00) shall be imposed upon any person, who, unless authorized by law, shall illegally divert
any controlled precursor and essential chemical.

Section 10. Manufacture or Delivery of Equipment, Instrument, Apparatus, and Other Paraphernalia for
Dangerous Drugs and/or Controlled Precursors and Essential Chemicals. - The penalty of
imprisonment ranging from twelve (12) years and one (1) day to twenty (20) years and a fine ranging
from One hundred thousand pesos (P100,000.00) to Five hundred thousand pesos (P500,000.00)
shall be imposed upon any person who shall deliver, possess with intent to deliver, or manufacture
with intent to deliver equipment, instrument, apparatus and other paraphernalia for dangerous drugs,
knowing, or under circumstances where one reasonably should know, that it will be used to plant,
propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test,
analyze, pack, repack, store, contain or conceal any dangerous drug and/or controlled precursor and
essential chemical in violation of this Act.

The penalty of imprisonment ranging from six (6) months and one (1) day to four (4) years and a fine
ranging from Ten thousand pesos (P10,000.00) to Fifty thousand pesos (P50,000.00) shall be
imposed if it will be used to inject, ingest, inhale or otherwise introduce into the human body a
dangerous drug in violation of this Act.
The maximum penalty provided for under this Section shall be imposed upon any person, who uses
a minor or a mentally incapacitated individual to deliver such equipment, instrument, apparatus and
other paraphernalia for dangerous drugs.

Section 11. Possession of Dangerous Drugs. - The penalty of life imprisonment to death and a fine
ranging from Five hundred thousand pesos (P500,000.00) to Ten million pesos (P10,000,000.00)
shall be imposed upon any person, who, unless authorized by law, shall possess any dangerous drug
in the following quantities, regardless of the degree of purity thereof:

(1) 10 grams or more of opium;

(2) 10 grams or more of morphine;

(3) 10 grams or more of heroin;

(4) 10 grams or more of cocaine or cocaine hydrochloride;

(5) 50 grams or more of methamphetamine hydrochloride or "shabu";

(6) 10 grams or more of marijuana resin or marijuana resin oil;

(7) 500 grams or more of marijuana; and

(8) 10 grams or more of other dangerous drugs such as, but not limited to,
methylenedioxymethamphetamine (MDA) or "ecstasy", paramethoxyamphetamine (PMA),
trimethoxyamphetamine (TMA), lysergic acid diethylamine (LSD), gamma hydroxyamphetamine
(GHB), and those similarly designed or newly introduced drugs and their derivatives, without having
any therapeutic value or if the quantity possessed is far beyond therapeutic requirements, as
determined and promulgated by the Board in accordance to Section 93, Article XI of this Act.

Otherwise, if the quantity involved is less than the foregoing quantities, the penalties shall be
graduated as follows:

(1) Life imprisonment and a fine ranging from Four hundred thousand pesos (P400,000.00) to Five
hundred thousand pesos (P500,000.00), if the quantity of methamphetamine hydrochloride or
"shabu" is ten (10) grams or more but less than fifty (50) grams;

(2) Imprisonment of twenty (20) years and one (1) day to life imprisonment and a fine ranging from
Four hundred thousand pesos (P400,000.00) to Five hundred thousand pesos (P500,000.00), if the
quantities of dangerous drugs are five (5) grams or more but less than ten (10) grams of opium,
morphine, heroin, cocaine or cocaine hydrochloride, marijuana resin or marijuana resin oil,
methamphetamine hydrochloride or "shabu", or other dangerous drugs such as, but not limited to,
MDMA or "ecstasy", PMA, TMA, LSD, GHB, and those similarly designed or newly introduced drugs
and their derivatives, without having any therapeutic value or if the quantity possessed is far beyond
therapeutic requirements; or three hundred (300) grams or more but less than five (hundred) 500)
grams of marijuana; and
(3) Imprisonment of twelve (12) years and one (1) day to twenty (20) years and a fine ranging from
Three hundred thousand pesos (P300,000.00) to Four hundred thousand pesos (P400,000.00), if the
quantities of dangerous drugs are less than five (5) grams of opium, morphine, heroin, cocaine or
cocaine hydrochloride, marijuana resin or marijuana resin oil, methamphetamine hydrochloride or
"shabu", or other dangerous drugs such as, but not limited to, MDMA or "ecstasy", PMA, TMA, LSD,
GHB, and those similarly designed or newly introduced drugs and their derivatives, without having
any therapeutic value or if the quantity possessed is far beyond therapeutic requirements; or less
than three hundred (300) grams of marijuana.

Section 12. Possession of Equipment, Instrument, Apparatus and Other Paraphernalia for Dangerous
Drugs. - The penalty of imprisonment ranging from six (6) months and one (1) day to four (4) years
and a fine ranging from Ten thousand pesos (P10,000.00) to Fifty thousand pesos (P50,000.00) shall
be imposed upon any person, who, unless authorized by law, shall possess or have under his/her
control any equipment, instrument, apparatus and other paraphernalia fit or intended for smoking,
consuming, administering, injecting, ingesting, or introducing any dangerous drug into the body:
Provided, That in the case of medical practitioners and various professionals who are required to
carry such equipment, instrument, apparatus and other paraphernalia in the practice of their
profession, the Board shall prescribe the necessary implementing guidelines thereof.

The possession of such equipment, instrument, apparatus and other paraphernalia fit or intended for
any of the purposes enumerated in the preceding paragraph shall be prima facie evidence that the
possessor has smoked, consumed, administered to himself/herself, injected, ingested or used a
dangerous drug and shall be presumed to have violated Section 15 of this Act.

Section 13. Possession of Dangerous Drugs During Parties, Social Gatherings or Meetings. – Any
person found possessing any dangerous drug during a party, or at a social gathering or meeting, or
in the proximate company of at least two (2) persons, shall suffer the maximum penalties provided
for in Section 11 of this Act, regardless of the quantity and purity of such dangerous drugs.

Section 14. Possession of Equipment, Instrument, Apparatus and Other Paraphernalia for Dangerous
Drugs During Parties, Social Gatherings or Meetings. - The maximum penalty provided for in Section
12 of this Act shall be imposed upon any person, who shall possess or have under his/her control
any equipment, instrument, apparatus and other paraphernalia fit or intended for smoking,
consuming, administering, injecting, ingesting, or introducing any dangerous drug into the body,
during parties, social gatherings or meetings, or in the proximate company of at least two (2)
persons.

Section 15. Use of Dangerous Drugs. – A person apprehended or arrested, who is found to be
positive for use of any dangerous drug, after a confirmatory test, shall be imposed a penalty of a
minimum of six (6) months rehabilitation in a government center for the first offense, subject to the
provisions of Article VIII of this Act. If apprehended using any dangerous drug for the second time,
he/she shall suffer the penalty of imprisonment ranging from six (6) years and one (1) day to twelve
(12) years and a fine ranging from Fifty thousand pesos (P50,000.00) to Two hundred thousand
pesos (P200,000.00): Provided, That this Section shall not be applicable where the person tested is
also found to have in his/her possession such quantity of any dangerous drug provided for under
Section 11 of this Act, in which case the provisions stated therein shall apply.
Section 16. Cultivation or Culture of Plants Classified as Dangerous Drugs or are Sources Thereof. -
The penalty of life imprisonment to death and a fine ranging from Five hundred thousand pesos
(P500,000.00) to Ten million pesos (P10,000,000.00) shall be imposed upon any person, who shall
plant, cultivate or culture marijuana, opium poppy or any other plant regardless of quantity, which is
or may hereafter be classified as a dangerous drug or as a source from which any dangerous drug
may be manufactured or derived: Provided, That in the case of medical laboratories and medical
research centers which cultivate or culture marijuana, opium poppy and other plants, or materials of
such dangerous drugs for medical experiments and research purposes, or for the creation of new
types of medicine, the Board shall prescribe the necessary implementing guidelines for the proper
cultivation, culture, handling, experimentation and disposal of such plants and materials.

The land or portions thereof and/or greenhouses on which any of said plants is cultivated or cultured
shall be confiscated and escheated in favor of the State, unless the owner thereof can prove lack of
knowledge of such cultivation or culture despite the exercise of due diligence on his/her part. If the
land involved is part of the public domain, the maximum penalty provided for under this Section shall
be imposed upon the offender.

The maximum penalty provided for under this Section shall be imposed upon any person, who
organizes, manages or acts as a "financier" of any of the illegal activities prescribed in this Section.

The penalty of twelve (12) years and one (1) day to twenty (20) years of imprisonment and a fine
ranging from One hundred thousand pesos (P100,000.00) to Five hundred thousand pesos
(P500,000.00) shall be imposed upon any person, who acts as a "protector/coddler" of any violator
of the provisions under this Section.

Section 17. Maintenance and Keeping of Original Records of Transactions on Dangerous Drugs and/or
Controlled Precursors and Essential Chemicals. - The penalty of imprisonment ranging from one (1)
year and one (1) day to six (6) years and a fine ranging from Ten thousand pesos (P10,000.00) to
Fifty thousand pesos (P50,000.00) shall be imposed upon any practitioner, manufacturer, wholesaler,
importer, distributor, dealer or retailer who violates or fails to comply with the maintenance and
keeping of the original records of transactions on any dangerous drug and/or controlled precursor
and essential chemical in accordance with Section 40 of this Act.

An additional penalty shall be imposed through the revocation of the license to practice his/her
profession, in case of a practitioner, or of the business, in case of a manufacturer, seller, importer,
distributor, dealer or retailer.

Section 18. Unnecessary Prescription of Dangerous Drugs. – The penalty of imprisonment ranging
from twelve (12) years and one (1) day to twenty (20) years and a fine ranging from One hundred
thousand pesos (P100,000.00) to Five hundred thousand pesos (P500,000.00) and the additional
penalty of the revocation of his/her license to practice shall be imposed upon the practitioner, who
shall prescribe any dangerous drug to any person whose physical or physiological condition does
not require the use or in the dosage prescribed therein, as determined by the Board in consultation
with recognized competent experts who are authorized representatives of professional
organizations of practitioners, particularly those who are involved in the care of persons with severe
pain.
Section 19. Unlawful Prescription of Dangerous Drugs. – The penalty of life imprisonment to death
and a fine ranging from Five hundred thousand pesos (P500,000.00) to Ten million pesos
(P10,000,000.00) shall be imposed upon any person, who, unless authorized by law, shall make or
issue a prescription or any other writing purporting to be a prescription for any dangerous drug.

Section 20. Confiscation and Forfeiture of the Proceeds or Instruments of the Unlawful Act, Including
the Properties or Proceeds Derived from the Illegal Trafficking of Dangerous Drugs and/or Precursors
and Essential Chemicals. – Every penalty imposed for the unlawful importation, sale, trading,
administration, dispensation, delivery, distribution, transportation or manufacture of any dangerous
drug and/or controlled precursor and essential chemical, the cultivation or culture of plants which
are sources of dangerous drugs, and the possession of any equipment, instrument, apparatus and
other paraphernalia for dangerous drugs including other laboratory equipment, shall carry with it the
confiscation and forfeiture, in favor of the government, of all the proceeds and properties derived
from the unlawful act, including, but not limited to, money and other assets obtained thereby, and the
instruments or tools with which the particular unlawful act was committed, unless they are the
property of a third person not liable for the unlawful act, but those which are not of lawful commerce
shall be ordered destroyed without delay pursuant to the provisions of Section 21 of this Act.

After conviction in the Regional Trial Court in the appropriate criminal case filed, the Court shall
immediately schedule a hearing for the confiscation and forfeiture of all the proceeds of the offense
and all the assets and properties of the accused either owned or held by him or in the name of some
other persons if the same shall be found to be manifestly out of proportion to his/her lawful income:
Provided, however, That if the forfeited property is a vehicle, the same shall be auctioned off not later
than five (5) days upon order of confiscation or forfeiture.

During the pendency of the case in the Regional Trial Court, no property, or income derived
therefrom, which may be confiscated and forfeited, shall be disposed, alienated or transferred and
the same shall be in custodia legis and no bond shall be admitted for the release of the same.

The proceeds of any sale or disposition of any property confiscated or forfeited under this Section
shall be used to pay all proper expenses incurred in the proceedings for the confiscation, forfeiture,
custody and maintenance of the property pending disposition, as well as expenses for publication
and court costs. The proceeds in excess of the above expenses shall accrue to the Board to be used
in its campaign against illegal drugs.

Section 21. Custody and Disposition of Confiscated, Seized, and/or Surrendered Dangerous Drugs,
Plant Sources of Dangerous Drugs, Controlled Precursors and Essential Chemicals,
Instruments/Paraphernalia and/or Laboratory Equipment. – The PDEA shall take charge and have
custody of all dangerous drugs, plant sources of dangerous drugs, controlled precursors and
essential chemicals, as well as instruments/paraphernalia and/or laboratory equipment so
confiscated, seized and/or surrendered, for proper disposition in the following manner:

(1) The apprehending team having initial custody and control of the drugs shall, immediately after
seizure and confiscation, physically inventory and photograph the same in the presence of the
accused or the person/s from whom such items were confiscated and/or seized, or his/her
representative or counsel, a representative from the media and the Department of Justice (DOJ), and
any elected public official who shall be required to sign the copies of the inventory and be given a
copy thereof;

(2) Within twenty-four (24) hours upon confiscation/seizure of dangerous drugs, plant sources of
dangerous drugs, controlled precursors and essential chemicals, as well as
instruments/paraphernalia and/or laboratory equipment, the same shall be submitted to the PDEA
Forensic Laboratory for a qualitative and quantitative examination;

(3) A certification of the forensic laboratory examination results, which shall be done under oath by
the forensic laboratory examiner, shall be issued within twenty-four (24) hours after the receipt of the
subject item/s: Provided, That when the volume of the dangerous drugs, plant sources of dangerous
drugs, and controlled precursors and essential chemicals does not allow the completion of testing
within the time frame, a partial laboratory examination report shall be provisionally issued stating
therein the quantities of dangerous drugs still to be examined by the forensic laboratory: Provided,
however, That a final certification shall be issued on the completed forensic laboratory examination
on the same within the next twenty-four (24) hours;

(4) After the filing of the criminal case, the Court shall, within seventy-two (72) hours, conduct an
ocular inspection of the confiscated, seized and/or surrendered dangerous drugs, plant sources of
dangerous drugs, and controlled precursors and essential chemicals, including the
instruments/paraphernalia and/or laboratory equipment, and through the PDEA shall within
twenty-four (24) hours thereafter proceed with the destruction or burning of the same, in the
presence of the accused or the person/s from whom such items were confiscated and/or seized, or
his/her representative or counsel, a representative from the media and the DOJ, civil society groups
and any elected public official. The Board shall draw up the guidelines on the manner of proper
disposition and destruction of such item/s which shall be borne by the offender: Provided, That
those item/s of lawful commerce, as determined by the Board, shall be donated, used or recycled for
legitimate purposes: Provided, further, That a representative sample, duly weighed and recorded is
retained;

(5) The Board shall then issue a sworn certification as to the fact of destruction or burning of the
subject item/s which, together with the representative sample/s in the custody of the PDEA, shall be
submitted to the court having jurisdiction over the case. In all instances, the representative sample/s
shall be kept to a minimum quantity as determined by the Board;

(6) The alleged offender or his/her representative or counsel shall be allowed to personally observe
all of the above proceedings and his/her presence shall not constitute an admission of guilt. In case
the said offender or accused refuses or fails to appoint a representative after due notice in writing to
the accused or his/her counsel within seventy-two (72) hours before the actual burning or
destruction of the evidence in question, the Secretary of Justice shall appoint a member of the
public attorney's office to represent the former;

(7) After the promulgation and judgment in the criminal case wherein the representative sample/s
was presented as evidence in court, the trial prosecutor shall inform the Board of the final
termination of the case and, in turn, shall request the court for leave to turn over the said
representative sample/s to the PDEA for proper disposition and destruction within twenty-four (24)
hours from receipt of the same; and

(8) Transitory Provision: a) Within twenty-four (24) hours from the effectivity of this Act, dangerous
drugs defined herein which are presently in possession of law enforcement agencies shall, with
leave of court, be burned or destroyed, in the presence of representatives of the Court, DOJ,
Department of Health (DOH) and the accused/and or his/her counsel, and, b) Pending the
organization of the PDEA, the custody, disposition, and burning or destruction of seized/surrendered
dangerous drugs provided under this Section shall be implemented by the DOH.

Section 22. Grant of Compensation, Reward and Award. – The Board shall recommend to the
concerned government agency the grant of compensation, reward and award to any person
providing information and to law enforcers participating in the operation, which results in the
successful confiscation, seizure or surrender of dangerous drugs, plant sources of dangerous drugs,
and controlled precursors and essential chemicals.

Section 23. Plea-Bargaining Provision. – Any person charged under any provision of this Act
regardless of the imposable penalty shall not be allowed to avail of the provision on plea-bargaining.

Section 24. Non-Applicability of the Probation Law for Drug Traffickers and Pushers. – Any person
convicted for drug trafficking or pushing under this Act, regardless of the penalty imposed by the
Court, cannot avail of the privilege granted by the Probation Law or Presidential Decree No. 968, as
amended.

Section 25. Qualifying Aggravating Circumstances in the Commission of a Crime by an Offender Under
the Influence of Dangerous Drugs. – Notwithstanding the provisions of any law to the contrary, a
positive finding for the use of dangerous drugs shall be a qualifying aggravating circumstance in the
commission of a crime by an offender, and the application of the penalty provided for in the Revised
Penal Code shall be applicable.

Section 26. Attempt or Conspiracy. – Any attempt or conspiracy to commit the following unlawful
acts shall be penalized by the same penalty prescribed for the commission of the same as provided
under this Act:

(a) Importation of any dangerous drug and/or controlled precursor and essential chemical;

(b) Sale, trading, administration, dispensation, delivery, distribution and transportation of any
dangerous drug and/or controlled precursor and essential chemical;

(c) Maintenance of a den, dive or resort where any dangerous drug is used in any form;

(d) Manufacture of any dangerous drug and/or controlled precursor and essential chemical; and

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

Section 27. Criminal Liability of a Public Officer or Employee for Misappropriation, Misapplication or
Failure to Account for the Confiscated, Seized and/or Surrendered Dangerous Drugs, Plant Sources of
Dangerous Drugs, Controlled Precursors and Essential Chemicals, Instruments/Paraphernalia and/or
Laboratory Equipment Including the Proceeds or Properties Obtained from the Unlawful Act Committed.
– The penalty of life imprisonment to death and a fine ranging from Five hundred thousand pesos
(P500,000.00) to Ten million pesos (P10,000,000.00), in addition to absolute perpetual
disqualification from any public office, shall be imposed upon any public officer or employee who
misappropriates, misapplies or fails to account for confiscated, seized or surrendered dangerous
drugs, plant sources of dangerous drugs, controlled precursors and essential chemicals,
instruments/paraphernalia and/or laboratory equipment including the proceeds or properties
obtained from the unlawful acts as provided for in this Act.

Any elective local or national official found to have benefited from the proceeds of the trafficking of
dangerous drugs as prescribed in this Act, or have received any financial or material contributions or
donations from natural or juridical persons found guilty of trafficking dangerous drugs as prescribed
in this Act, shall be removed from office and perpetually disqualified from holding any elective or
appointive positions in the government, its divisions, subdivisions, and intermediaries, including
government-owned or –controlled corporations.

Section 28. Criminal Liability of Government Officials and Employees. – The maximum penalties of
the unlawful acts provided for in this Act shall be imposed, in addition to absolute perpetual
disqualification from any public office, if those found guilty of such unlawful acts are government
officials and employees.

Section 29. Criminal Liability for Planting of Evidence. – Any person who is found guilty of "planting"
any dangerous drug and/or controlled precursor and essential chemical, regardless of quantity and
purity, shall suffer the penalty of death.

Section 30. Criminal Liability of Officers of Partnerships, Corporations, Associations or Other Juridical
Entities. – In case any violation of this Act is committed by a partnership, corporation, association or
any juridical entity, the partner, president, director, manager, trustee, estate administrator, or officer
who consents to or knowingly tolerates such violation shall be held criminally liable as a co-principal.

The penalty provided for the offense under this Act shall be imposed upon the partner, president,
director, manager, trustee, estate administrator, or officer who knowingly authorizes, tolerates or
consents to the use of a vehicle, vessel, aircraft, equipment or other facility, as an instrument in the
importation, sale, trading, administration, dispensation, delivery, distribution, transportation or
manufacture of dangerous drugs, or chemical diversion, if such vehicle, vessel, aircraft, equipment or
other instrument is owned by or under the control or supervision of the partnership, corporation,
association or juridical entity to which they are affiliated.

Section 31. Additional Penalty if Offender is an Alien. – In addition to the penalties prescribed in the
unlawful act committed, any alien who violates such provisions of this Act shall, after service of
sentence, be deported immediately without further proceedings, unless the penalty is death.

Section 32. Liability to a Person Violating Any Regulation Issued by the Board. – The penalty of
imprisonment ranging from six (6) months and one (1) day to four (4) years and a fine ranging from
Ten thousand pesos (P10,000.00) to Fifty thousand pesos (P50,000.00) shall be imposed upon any
person found violating any regulation duly issued by the Board pursuant to this Act, in addition to the
administrative sanctions imposed by the Board.

Section 33. Immunity from Prosecution and Punishment. – Notwithstanding the provisions of Section
17, Rule 119 of the Revised Rules of Criminal Procedure and the provisions of Republic Act No. 6981
or the Witness Protection, Security and Benefit Act of 1991, any person who has violated Sections 7,
11, 12, 14, 15, and 19, Article II of this Act, who voluntarily gives information about any violation of
Sections 4, 5, 6, 8, 10, 13, and 16, Article II of this Act as well as any violation of the offenses
mentioned if committed by a drug syndicate, or any information leading to the whereabouts,
identities and arrest of all or any of the members thereof; and who willingly testifies against such
persons as described above, shall be exempted from prosecution or punishment for the offense with
reference to which his/her information of testimony were given, and may plead or prove the giving of
such information and testimony in bar of such prosecution: Provided, That the following conditions
concur:

(1) The information and testimony are necessary for the conviction of the persons described above;

(2) Such information and testimony are not yet in the possession of the State;

(3) Such information and testimony can be corroborated on its material points;

(4) the informant or witness has not been previously convicted of a crime involving moral turpitude,
except when there is no other direct evidence available for the State other than the information and
testimony of said informant or witness; and

(5) The informant or witness shall strictly and faithfully comply without delay, any condition or
undertaking, reduced into writing, lawfully imposed by the State as further consideration for the grant
of immunity from prosecution and punishment.

Provided, further, That this immunity may be enjoyed by such informant or witness who does not
appear to be most guilty for the offense with reference to which his/her information or testimony
were given: Provided, finally, That there is no direct evidence available for the State except for the
information and testimony of the said informant or witness.

Section 34. Termination of the Grant of Immunity. – The immunity granted to the informant or
witness, as prescribed in Section 33 of this Act, shall not attach should it turn out subsequently that
the information and/or testimony is false, malicious or made only for the purpose of harassing,
molesting or in any way prejudicing the persons described in the preceding Section against whom
such information or testimony is directed against. In such case, the informant or witness shall be
subject to prosecution and the enjoyment of all rights and benefits previously accorded him under
this Act or any other law, decree or order shall be deemed terminated.

In case an informant or witness under this Act fails or refuses to testify without just cause, and when
lawfully obliged to do so, or should he/she violate any condition accompanying such immunity as
provided above, his/her immunity shall be removed and he/she shall likewise be subject to contempt
and/or criminal prosecution, as the case may be, and the enjoyment of all rights and benefits
previously accorded him under this Act or in any other law, decree or order shall be deemed
terminated.

In case the informant or witness referred to under this Act falls under the applicability of this Section
hereof, such individual cannot avail of the provisions under Article VIII of this Act.

Section 35. Accessory Penalties. – A person convicted under this Act shall be disqualified to
exercise his/her civil rights such as but not limited to, the rights of parental authority or guardianship,
either as to the person or property of any ward, the rights to dispose of such property by any act or
any conveyance inter vivos, and political rights such as but not limited to, the right to vote and be
voted for. Such rights shall also be suspended during the pendency of an appeal from such
conviction.

ARTICLE III

Dangerous Drugs Test and Record Requirements

Section 36. Authorized Drug Testing. – Authorized drug testing shall be done by any government
forensic laboratories or by any of the drug testing laboratories accredited and monitored by the DOH
to safeguard the quality of test results. The DOH shall take steps in setting the price of the drug test
with DOH accredited drug testing centers to further reduce the cost of such drug test. The drug
testing shall employ, among others, two (2) testing methods, the screening test which will determine
the positive result as well as the type of the drug used and the confirmatory test which will confirm a
positive screening test. Drug test certificates issued by accredited drug testing centers shall be valid
for a one-year period from the date of issue which may be used for other purposes. The following
shall be subjected to undergo drug testing:

(a) Applicants for driver's license. – No driver's license shall be issued or renewed to any person
unless he/she presents a certification that he/she has undergone a mandatory drug test and
indicating thereon that he/she is free from the use of dangerous drugs;

(b) Applicants for firearm's license and for permit to carry firearms outside of residence. – All
applicants for firearm's license and permit to carry firearms outside of residence shall undergo a
mandatory drug test to ensure that they are free from the use of dangerous drugs: Provided, That all
persons who by the nature of their profession carry firearms shall undergo drug testing;

(c) Students of secondary and tertiary schools. – Students of secondary and tertiary schools shall,
pursuant to the related rules and regulations as contained in the school's student handbook and with
notice to the parents, undergo a random drug testing: Provided, That all drug testing expenses
whether in public or private schools under this Section will be borne by the government;

(d) Officers and employees of public and private offices. – Officers and employees of public and
private offices, whether domestic or overseas, shall be subjected to undergo a random drug test as
contained in the company's work rules and regulations, which shall be borne by the employer, for
purposes of reducing the risk in the workplace. Any officer or employee found positive for use of
dangerous drugs shall be dealt with administratively which shall be a ground for suspension or
termination, subject to the provisions of Article 282 of the Labor Code and pertinent provisions of
the Civil Service Law;

(e) Officers and members of the military, police and other law enforcement agencies. – Officers and
members of the military, police and other law enforcement agencies shall undergo an annual
mandatory drug test;

(f) All persons charged before the prosecutor's office with a criminal offense having an imposable
penalty of imprisonment of not less than six (6) years and one (1) day shall have to undergo a
mandatory drug test; and

(g) All candidates for public office whether appointed or elected both in the national or local
government shall undergo a mandatory drug test.

In addition to the above stated penalties in this Section, those found to be positive for dangerous
drugs use shall be subject to the provisions of Section 15 of this Act.

Section 37. Issuance of False or Fraudulent Drug Test Results. – Any person authorized, licensed or
accredited under this Act and its implementing rules to conduct drug examination or test, who
issues false or fraudulent drug test results knowingly, willfully or through gross negligence, shall
suffer the penalty of imprisonment ranging from six (6) years and one (1) day to twelve (12) years
and a fine ranging from One hundred thousand pesos (P100,000.00) to Five hundred thousand pesos
(P500,000.00).

An additional penalty shall be imposed through the revocation of the license to practice his/her
profession in case of a practitioner, and the closure of the drug testing center.

Section 38. Laboratory Examination or Test on Apprehended/Arrested Offenders. – Subject to Section

15 of this Act, any person apprehended or arrested for violating the provisions of this Act shall be
subjected to screening laboratory examination or test within twenty-four (24) hours, if the
apprehending or arresting officer has reasonable ground to believe that the person apprehended or
arrested, on account of physical signs or symptoms or other visible or outward manifestation, is
under the influence of dangerous drugs. If found to be positive, the results of the screening
laboratory examination or test shall be challenged within fifteen (15) days after receipt of the result
through a confirmatory test conducted in any accredited analytical laboratory equipment with a gas
chromatograph/mass spectrometry equipment or some such modern and accepted method, if
confirmed the same shall be prima facie evidence that such person has used dangerous drugs,
which is without prejudice for the prosecution for other violations of the provisions of this Act:
Provided, That a positive screening laboratory test must be confirmed for it to be valid in a court of
law.

Section 39. Accreditation of Drug Testing Centers and Physicians. – The DOH shall be tasked to
license and accredit drug testing centers in each province and city in order to assure their capacity,
competence, integrity and stability to conduct the laboratory examinations and tests provided in this
Article, and appoint such technical and other personnel as may be necessary for the effective
implementation of this provision. The DOH shall also accredit physicians who shall conduct the drug
dependency examination of a drug dependent as well as the after-care and follow-up program for the
said drug dependent. There shall be a control regulations, licensing and accreditation division under
the supervision of the DOH for this purpose.

For this purpose, the DOH shall establish, operate and maintain drug testing centers in government
hospitals, which must be provided at least with basic technologically advanced equipment and
materials, in order to conduct the laboratory examination and tests herein provided, and appoint
such qualified and duly trained technical and other personnel as may be necessary for the effective
implementation of this provision.

Section 40. Records Required for Transactions on Dangerous Drug and Precursors and Essential
Chemicals. –

a) Every pharmacist dealing in dangerous drugs and/or controlled precursors and essential
chemicals shall maintain and keep an original record of sales, purchases, acquisitions and deliveries
of dangerous drugs, indicating therein the following information:

(1) License number and address of the pharmacist;

(2) Name, address and license of the manufacturer, importer or wholesaler from whom the
dangerous drugs have been purchased;

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

(4) Date of acquisition or purchase;

(5) Name, address and community tax certificate number of the buyer;

(6) Serial number of the prescription and the name of the physician, dentist, veterinarian or
practitioner issuing the same;

(7) Quantity and name of the dangerous drugs sold or delivered; and

(8) Date of sale or delivery.

A certified true copy of such record covering a period of six (6) months, duly signed by the
pharmacist or the owner of the drugstore, pharmacy or chemical establishment, shall be forwarded
to the Board within fifteen (15) days following the last day of June and December of each year, with a
copy thereof furnished the city or municipal health officer concerned.

(b) A physician, dentist, veterinarian or practitioner authorized to prescribe any dangerous drug shall
issue the prescription therefor in one (1) original and two (2) duplicate copies. The original, after the
prescription has been filled, shall be retained by the pharmacist for a period of one (1) year from the
date of sale or delivery of such drug. One (1) copy shall be retained by the buyer or by the person to
whom the drug is delivered until such drug is consumed, while the second copy shall be retained by
the person issuing the prescription.
For purposes of this Act, all prescriptions issued by physicians, dentists, veterinarians or
practitioners shall be written on forms exclusively issued by and obtainable from the DOH. Such
forms shall be made of a special kind of paper and shall be distributed in such quantities and
contain such information and other data as the DOH may, by rules and regulations, require. Such
forms shall only be issued by the DOH through its authorized employees to licensed physicians,
dentists, veterinarians and practitioners in such quantities as the Board may authorize. In emergency
cases, however, as the Board may specify in the public interest, a prescription need not be
accomplished on such forms. The prescribing physician, dentist, veterinarian or practitioner shall,
within three (3) days after issuing such prescription, inform the DOH of the same in writing. No
prescription once served by the drugstore or pharmacy be reused nor any prescription once issued
be refilled.

(c) All manufacturers, wholesalers, distributors, importers, dealers and retailers of dangerous drugs
and/or controlled precursors and essential chemicals shall keep a record of all inventories, sales,
purchases, acquisitions and deliveries of the same as well as the names, addresses and licenses of
the persons from whom such items were purchased or acquired or to whom such items were sold or
delivered, the name and quantity of the same and the date of the transactions. Such records may be
subjected anytime for review by the Board.

ARTICLE IV

Participation of the Family, Students, Teachers and School Authorities in the Enforcement of this
Act

Section 41. Involvement of the Family. – The family being the basic unit of the Filipino society shall
be primarily responsible for the education and awareness of the members of the family on the ill
effects of dangerous drugs and close monitoring of family members who may be susceptible to
drug abuse.

Section 42. Student Councils and Campus Organizations. – All elementary, secondary and tertiary
schools' student councils and campus organizations shall include in their activities a program for the
prevention of and deterrence in the use of dangerous drugs, and referral for treatment and
rehabilitation of students for drug dependence.

Section 43. School Curricula. – Instruction on drug abuse prevention and control shall be integrated
in the elementary, secondary and tertiary curricula of all public and private schools, whether general,
technical, vocational or agro-industrial as well as in non-formal, informal and indigenous learning
systems. Such instructions shall include:

(1) Adverse effects of the abuse and misuse of dangerous drugs on the person, the family, the
school and the community;

(2) Preventive measures against drug abuse;

(3) Health, socio-cultural, psychological, legal and economic dimensions and implications of the
drug problem;
(4) Steps to take when intervention on behalf of a drug dependent is needed, as well as the services
available for the treatment and rehabilitation of drug dependents; and

(5) Misconceptions about the use of dangerous drugs such as, but not limited to, the importance
and safety of dangerous drugs for medical and therapeutic use as well as the differentiation
between medical patients and drug dependents in order to avoid confusion and accidental
stigmatization in the consciousness of the students.

Section 44. Heads, Supervisors, and Teachers of Schools. – For the purpose of enforcing the
provisions of Article II of this Act, all school heads, supervisors and teachers shall be deemed
persons in authority and, as such, are hereby empowered to apprehend, arrest or cause the
apprehension or arrest of any person who shall violate any of the said provisions, pursuant to
Section 5, Rule 113 of the Rules of Court. They shall be deemed persons in authority if they are in the
school or within its immediate vicinity, or even beyond such immediate vicinity if they are in
attendance at any school or class function in their official capacity as school heads, supervisors, and
teachers.

Any teacher or school employee, who discovers or finds that any person in the school or within its
immediate vicinity is liable for violating any of said provisions, shall have the duty to report the same
to the school head or immediate superior who shall, in turn, report the matter to the proper
authorities.

Failure to do so in either case, within a reasonable period from the time of discovery of the violation
shall, after due hearing, constitute sufficient cause for disciplinary action by the school authorities.

Section 45. Publication and Distribution of Materials on Dangerous Drugs. – With the assistance of
the Board, the Secretary of the Department of Education (DepEd), the Chairman of the Commission
on Higher Education (CHED) and the Director-General of the Technical Education and Skills
Development Authority (TESDA) shall cause the development, publication and distribution of
information and support educational materials on dangerous drugs to the students, the faculty, the
parents, and the community.

Section 46. Special Drug Education Center. – With the assistance of the Board, the Department of the
Interior and Local Government (DILG), the National Youth Commission (NYC), and the Department of
Social Welfare and Development (DSWD) shall establish in each of its provincial office a special
education drug center for out-of-school youth and street children. Such Center which shall be
headed by the Provincial Social. Welfare Development Officer shall sponsor drug prevention
programs and activities and information campaigns with the end in view of educating the
out-of-school youth and street children regarding the pernicious effects of drug abuse. The programs
initiated by the Center shall likewise be adopted in all public and private orphanage and existing
special centers for street children.

ARTICLE V

Promotion of a National Drug-Free Workplace Program With the Participation of Private and Labor
Sectors and the Department of Labor and Employment
Section 47. Drug-Free Workplace. – It is deemed a policy of the State to promote drug-free
workplaces using a tripartite approach. With the assistance of the Board, the Department of Labor
and Employment (DOLE) shall develop, promote and implement a national drug abuse prevention
program in the workplace to be adopted by private companies with ten (10) or more employees.
Such program shall include the mandatory drafting and adoption of company policies against drug
use in the workplace in close consultation and coordination with the DOLE, labor and employer
organizations, human resource development managers and other such private sector organizations.

Section 48. Guidelines for the National Drug-Free Workplace Program. – The Board and the DOLE shall
formulate the necessary guidelines for the implementation of the national drug-free workplace
program. The amount necessary for the implementation of which shall be included in the annual
General Appropriations Act.

ARTICLE VI

Participation of the Private and Labor Sectors in the Enforcement of this Act

Section 49. Labor Organizations and the Private Sector. – All labor unions, federations, associations,
or organizations in cooperation with the respective private sector partners shall include in their
collective bargaining or any similar agreements, joint continuing programs and information
campaigns for the laborers similar to the programs provided under Section 47 of this Act with the
end in view of achieving a drug free workplace.

Section 50. Government Assistance. – The labor sector and the respective partners may, in pursuit of
the programs mentioned in the preceding Section, secure the technical assistance, such as but not
limited to, seminars and information dissemination campaigns of the appropriate government and
law enforcement agencies.

ARTICLE VII

Participation of Local Government Units

Section 51. Local Government Units' Assistance. – Local government units shall appropriate a
substantial portion of their respective annual budgets to assist in or enhance the enforcement of
this Act giving priority to preventive or educational programs and the rehabilitation or treatment of
drug dependents.

Section 52. Abatement of Drug Related Public Nuisances. – Any place or premises which have been
used on two or more occasions as the site of the unlawful sale or delivery of dangerous drugs may
be declared to be a public nuisance, and such nuisance may be abated, pursuant to the following
procedures:

(1) Any city or municipality may, by ordinance, create an administrative board to hear complaints
regarding the nuisances;
(2) any employee, officer, or resident of the city or municipality may bring a complaint before the
Board after giving not less than three (3) days written notice of such complaint to the owner of the
place or premises at his/her last known address; and

(3) After hearing in which the Board may consider any evidence, including evidence of the general
reputation of the place or premises, and at which the owner of the premises shall have an
opportunity to present evidence in his/her defense, the Board may declare the place or premises to
be a public nuisance.

Section 53. Effect of Board Declaration. – If the Board declares a place or premises to be a public
nuisance, it may declare an order immediately prohibiting the conduct, operation, or maintenance of
any business or activity on the premises which is conducive to such nuisance.

An order entered under this Section shall expire after one (1) year or at such earlier time as stated in
the order. The Board may bring a complaint seeking a permanent injunction against any nuisance
described under this Section.

This Article does not restrict the right of any person to proceed under the Civil Code against any
public nuisance.

ARTICLE VIII

Program for Treatment and Rehabilitation of Drug Dependents

Section 54. Voluntary Submission of a Drug Dependent to Confinement, Treatment and Rehabilitation.
– A drug dependent or any person who violates Section 15 of this Act may, by himself/herself or
through his/her parent, spouse, guardian or relative within the fourth degree of consanguinity or
affinity, apply to the Board or its duly recognized representative, for treatment and rehabilitation of
the drug dependency. Upon such application, the Board shall bring forth the matter to the Court
which shall order that the applicant be examined for drug dependency. If the examination by a
DOH-accredited physician results in the issuance of a certification that the applicant is a drug
dependent, he/she shall be ordered by the Court to undergo treatment and rehabilitation in a Center
designated by the Board for a period of not less than six (6) months: Provided, That a drug
dependent may be placed under the care of a DOH-accredited physician where there is no Center
near or accessible to the residence of the drug dependent or where said drug dependent is below
eighteen (18) years of age and is a first-time offender and non-confinement in a Center will not pose
a serious danger to his/her family or the community.

Confinement in a Center for treatment and rehabilitation shall not exceed one (1) year, after which
time the Court, as well as the Board, shall be apprised by the head of the treatment and rehabilitation
center of the status of said drug dependent and determine whether further confinement will be for
the welfare of the drug dependent and his/her family or the community.

Section 55. Exemption from the Criminal Liability Under the Voluntary Submission Program. A drug
dependent under the voluntary submission program, who is finally discharged from confinement,
shall be exempt from the criminal liability under Section 15 of this act subject to the following
conditions:
(1) He/she has complied with the rules and regulations of the center, the applicable rules and
regulations of the Board, including the after-care and follow-up program for at least eighteen (18)
months following temporary discharge from confinement in the Center or, in the case of a dependent
placed under the care of the DOH-accredited physician, the after-care program and follow-up
schedule formulated by the DSWD and approved by the Board: Provided, That capability-building of
local government social workers shall be undertaken by the DSWD;

(2) He/she has never been charged or convicted of any offense punishable under this Act, the
Dangerous Drugs Act of 1972 or Republic Act No. 6425, as amended; the Revised Penal Code, as
amended; or any special penal laws;

(3) He/she has no record of escape from a Center: Provided, That had he/she escaped, he/she
surrendered by himself/herself or through his/her parent, spouse, guardian or relative within the
fourth degree of consanguinity or affinity, within one (1) week from the date of the said escape; and

(4) He/she poses no serious danger to himself/herself, his/her family or the community by his/her
exemption from criminal liability.

Section 56. Temporary Release From the Center; After-Care and Follow-Up Treatment Under the
Voluntary Submission Program. – Upon certification of the Center that the drug dependent within the
voluntary submission program may be temporarily released, the Court shall order his/her release on
condition that said drug dependent shall report to the DOH for after-care and follow-up treatment,
including urine testing, for a period not exceeding eighteen (18) months under such terms and
conditions that the Court may impose.

If during the period of after-care and follow-up, the drug dependent is certified to be rehabilitated,
he/she may be discharged by the Court, subject to the provisions of Section 55 of this Act, without
prejudice to the outcome of any pending case filed in court.

However, should the DOH find that during the initial after-care and follow-up program of eighteen
(18) months, the drug dependent requires further treatment and rehabilitation in the Center, he/she
shall be recommitted to the Center for confinement. Thereafter, he/she may again be certified for
temporary release and ordered released for another after-care and follow-up program pursuant to
this Section.

Section 57. Probation and Community Service Under the Voluntary Submission Program. – A drug
dependent who is discharged as rehabilitated by the DOH-accredited Center through the voluntary
submission program, but does not qualify for exemption from criminal liability under Section 55 of
this Act, may be charged under the provisions of this Act, but shall be placed on probation and
undergo a community service in lieu of imprisonment and/or fine in the discretion of the court,
without prejudice to the outcome of any pending case filed in court.

Such drug dependent shall undergo community service as part of his/her after-care and follow-up
program, which may be done in coordination with nongovernmental civil organizations accredited by
the DSWD, with the recommendation of the Board.
Section 58. Filing of Charges Against a Drug Dependent Who is Not Rehabilitated Under the Voluntary
Submission Program. – A drug dependent, who is not rehabilitated after the second commitment to
the Center under the voluntary submission program, shall, upon recommendation of the Board, be
charged for violation of Section 15 of this Act and prosecuted like any other offender. If convicted,
he/she shall be credited for the period of confinement and rehabilitation in the Center in the service
of his/her sentence.

Section 59. Escape and Recommitment for Confinement and Rehabilitation Under the Voluntary
Submission Program. – Should a drug dependent under the voluntary submission program escape
from the Center, he/she may submit himself/herself for recommitment within one (1) week
therefrom, or his/her parent, spouse, guardian or relative within the fourth degree of consanguinity or
affinity may, within said period, surrender him for recommitment, in which case the corresponding
order shall be issued by the Board.

Should the escapee fail to submit himself/herself or be surrendered after one (1) week, the Board
shall apply to the court for a recommitment order upon proof of previous commitment or his/her
voluntary submission by the Board, the court may issue an order for recommitment within one (1)
week.

If, subsequent to a recommitment, the dependent once again escapes from confinement, he/she
shall be charged for violation of Section 15 of this Act and he subjected under section 61 of this Act,
either upon order of the Board or upon order of the court, as the case may be.

Section 60. Confidentiality of Records Under the Voluntary Submission Program. – Judicial and
medical records of drug dependents under the voluntary submission program shall be confidential
and shall not be used against him for any purpose, except to determine how many times, by
himself/herself or through his/her parent, spouse, guardian or relative within the fourth degree of
consanguinity or affinity, he/she voluntarily submitted himself/herself for confinement, treatment
and rehabilitation or has been committed to a Center under this program.

Section 61. Compulsory Confinement of a Drug Dependent Who Refuses to Apply Under the Voluntary
Submission Program. – Notwithstanding any law, rule and regulation to the contrary, any person
determined and found to be dependent on dangerous drugs shall, upon petition by the Board or any
of its authorized representative, be confined for treatment and rehabilitation in any Center duly
designated or accredited for the purpose.

A petition for the confinement of a person alleged to be dependent on dangerous drugs to a Center
may be filed by any person authorized by the Board with the Regional Trial Court of the province or
city where such person is found.

After the petition is filed, the court, by an order, shall immediately fix a date for the hearing, and a
copy of such order shall be served on the person alleged to be dependent on dangerous drugs, and
to the one having charge of him.

If after such hearing and the facts so warrant, the court shall order the drug dependent to be
examined by two (2) physicians accredited by the Board. If both physicians conclude that the
respondent is not a drug dependent, the court shall order his/her discharge. If either physician finds
him to be a dependent, the court shall conduct a hearing and consider all relevant evidence which
may be offered. If the court finds him a drug dependent, it shall issue an order for his/her
commitment to a treatment and rehabilitation center under the supervision of the DOH. In any event,
the order of discharge or order of confinement or commitment shall be issued not later than fifteen
(15) days from the filing of the appropriate petition.

Section 62. Compulsory Submission of a Drug Dependent Charged with an Offense to Treatment and
Rehabilitation. – If a person charged with an offense where the imposable penalty is imprisonment
of less than six (6) years and one (1) day, and is found by the prosecutor or by the court, at any stage
of the proceedings, to be a drug dependent, the prosecutor or the court as the case may be, shall
suspend all further proceedings and transmit copies of the record of the case to the Board.

In the event he Board determines, after medical examination, that public interest requires that such
drug dependent be committed to a center for treatment and rehabilitation, it shall file a petition for
his/her commitment with the regional trial court of the province or city where he/she is being
investigated or tried: Provided, That where a criminal case is pending in court, such petition shall be
filed in the said court. The court shall take judicial notice of the prior proceedings in the case and
shall proceed to hear the petition. If the court finds him to be a drug dependent, it shall order his/her
commitment to a Center for treatment and rehabilitation. The head of said Center shall submit to the
court every four (4) months, or as often as the court may require, a written report on the progress of
the treatment. If the dependent is rehabilitated, as certified by the center and the Board, he/she shall
be returned to the court, which committed him, for his/her discharge therefrom.

Thereafter, his/her prosecution for any offense punishable by law shall be instituted or shall
continue, as the case may be. In case of conviction, the judgment shall, if the accused is certified by
the treatment and rehabilitation center to have maintained good behavior, indicate that he/she shall
be given full credit for the period he/she was confined in the Center: Provided, however, That when
the offense is for violation of Section 15 of this Act and the accused is not a recidivist, the penalty
thereof shall be deemed to have been served in the Center upon his/her release therefrom after
certification by the Center and the Board that he/she is rehabilitated.

Section 63. Prescription of the Offense Charged Against a Drug Dependent Under the Compulsory
Submission Program. – The period of prescription of the offense charged against a drug dependent
under the compulsory submission program shall not run during the time that the drug dependent is
under confinement in a Center or otherwise under the treatment and rehabilitation program approved
by the Board.

Upon certification of the Center that he/she may temporarily be discharged from the said Center, the
court shall order his/her release on condition that he/she shall report to the Board through the DOH
for after-care and follow-up treatment for a period not exceeding eighteen (18) months under such
terms and conditions as may be imposed by the Board.

If at anytime during the after-care and follow-up period, the Board certifies to his/her complete
rehabilitation, the court shall order his/her final discharge from confinement and order for the
immediate resumption of the trial of the case for which he/she is originally charged. Should the
Board through the DOH find at anytime during the after-care and follow-up period that he/she
requires further treatment and rehabilitation, it shall report to the court, which shall order his/her
recommitment to the Center.

Should the drug dependent, having been committed to a Center upon petition by the Board escape
therefrom, he/she may resubmit himself/herself for confinement within one (1) week from the date
of his/her escape; or his/her parent, spouse, guardian or relative within the fourth degree of
consanguinity or affinity may, within the same period, surrender him for recommitment. If, however,
the drug dependent does not resubmit himself/herself for confinement or he/she is not surrendered
for recommitment, the Board may apply with the court for the issuance of the recommitment order.
Upon proof of previous commitment, the court shall issue an order for recommitment. If, subsequent
to such recommitment, he/she should escape again, he/she shall no longer be exempt from criminal
liability for use of any dangerous drug.

A drug dependent committed under this particular Section who is finally discharged from
confinement shall be exempt from criminal liability under Section 15 of this Act, without prejudice to
the outcome of any pending case filed in court. On the other hand, a drug dependent who is not
rehabilitated after a second commitment to the Center shall, upon conviction by the appropriate
court, suffer the same penalties provided for under Section 15 of this Act again without prejudice to
the outcome of any pending case filed in court.

Section 64. Confidentiality of Records Under the Compulsory Submission Program. – The records of a
drug dependent who was rehabilitated and discharged from the Center under the compulsory
submission program, or who was charged for violation of Section 15 of this Act, shall be covered by
Section 60 of this Act. However, the records of a drug dependent who was not rehabilitated, or who
escaped but did not surrender himself/herself within the prescribed period, shall be forwarded to the
court and their use shall be determined by the court, taking into consideration public interest and the
welfare of the drug dependent.

Section 65. Duty of the Prosecutor in the Proceedings. – It shall be the duty of the provincial or the
city prosecutor or their assistants or state prosecutors to prepare the appropriate petition in all
proceedings arising from this Act.

Section 66. Suspension of Sentence of a First-Time Minor Offender. – An accused who is over fifteen
(15) years of age at the time of the commission of the offense mentioned in Section 11 of this Act,
but not more than eighteen (18) years of age at the time when judgment should have been
promulgated after having been found guilty of said offense, may be given the benefits of a
suspended sentence, subject to the following conditions:

(a) He/she has not been previously convicted of violating any provision of this Act, or of the
Dangerous Drugs Act of 1972, as amended; or of the Revised Penal Code; or of any special penal
laws;

(b) He/she has not been previously committed to a Center or to the care of a DOH-accredited
physician; and
(c) The Board favorably recommends that his/her sentence be suspended.

While under suspended sentence, he/she shall be under the supervision and rehabilitative
surveillance of the Board, under such conditions that the court may impose for a period ranging from
six (6) months to eighteen (18) months.

Upon recommendation of the Board, the court may commit the accused under suspended sentence
to a Center, or to the care of a DOH-accredited physician for at least six (6) months, with after-care
and follow-up program for not more than eighteen (18) months.

In the case of minors under fifteen (15) years of age at the time of the commission of any offense
penalized under this Act, Article 192 of Presidential Decree No. 603, otherwise known as the Child
and Youth Welfare Code, as amended by Presidential Decree No. 1179 shall apply, without prejudice
to the application of the provisions of this Section.

Section 67. Discharge After Compliance with Conditions of Suspended Sentence of a First-Time Minor
Offender. – If the accused first time minor offender under suspended sentence complies with the
applicable rules and regulations of the Board, including confinement in a Center, the court, upon a
favorable recommendation of the Board for the final discharge of the accused, shall discharge the
accused and dismiss all proceedings.

Upon the dismissal of the proceedings against the accused, the court shall enter an order to
expunge all official records, other than the confidential record to be retained by the DOJ relating to
the case. Such an order, which shall be kept confidential, shall restore the accused to his/her status
prior to the case. He/she shall not be held thereafter to be guilty of perjury or of concealment or
misrepresentation by reason of his/her failure to acknowledge the case or recite any fact related
thereto in response to any inquiry made of him for any purpose.

Section 68. Privilege of Suspended Sentence to be Availed of Only Once by a First-Time Minor
Offender. – The privilege of suspended sentence shall be availed of only once by an accused drug
dependent who is a first-time offender over fifteen (15) years of age at the time of the commission
of the violation of Section 15 of this Act but not more than eighteen (18) years of age at the time
when judgment should have been promulgated.

Section 69. Promulgation of Sentence for First-Time Minor Offender. – If the accused first-time minor
offender violates any of the conditions of his/her suspended sentence, the applicable rules and
regulations of the Board exercising supervision and rehabilitative surveillance over him, including the
rules and regulations of the Center should confinement be required, the court shall pronounce
judgment of conviction and he/she shall serve sentence as any other convicted person.

Section 70. Probation or Community Service for a First-Time Minor Offender in Lieu of Imprisonment. –
Upon promulgation of the sentence, the court may, in its discretion, place the accused under
probation, even if the sentence provided under this Act is higher than that provided under existing
law on probation, or impose community service in lieu of imprisonment. In case of probation, the
supervision and rehabilitative surveillance shall be undertaken by the Board through the DOH in
coordination with the Board of Pardons and Parole and the Probation Administration. Upon
compliance with the conditions of the probation, the Board shall submit a written report to the court
recommending termination of probation and a final discharge of the probationer, whereupon the
court shall issue such an order.

The community service shall be complied with under conditions, time and place as may be
determined by the court in its discretion and upon the recommendation of the Board and shall apply
only to violators of Section 15 of this Act. The completion of the community service shall be under
the supervision and rehabilitative surveillance of the Board during the period required by the court.
Thereafter, the Board shall render a report on the manner of compliance of said community service.
The court in its discretion may require extension of the community service or order a final discharge.

In both cases, the judicial records shall be covered by the provisions of Sections 60 and 64 of this
Act.

If the sentence promulgated by the court requires imprisonment, the period spent in the Center by
the accused during the suspended sentence period shall be deducted from the sentence to be
served.

Section 71. Records to be kept by the Department of Justice. – The DOJ shall keep a confidential
record of the proceedings on suspension of sentence and shall not be used for any purpose other
than to determine whether or not a person accused under this Act is a first-time minor offender.

Section 72. Liability of a Person Who Violates the Confidentiality of Records. – The penalty of
imprisonment ranging from six (6) months and one (1) day to six (6) years and a fine ranging from
One thousand pesos (P1,000.00) to Six thousand pesos (P6,000.00), shall be imposed upon any
person who, having official custody of or access to the confidential records of any drug dependent
under voluntary submission programs, or anyone who, having gained possession of said records,
whether lawfully or not, reveals their content to any person other than those charged with the
prosecution of the offenses under this Act and its implementation. The maximum penalty shall be
imposed, in addition to absolute perpetual disqualification from any public office, when the offender
is a government official or employee. Should the records be used for unlawful purposes, such as
blackmail of the drug dependent or the members of his/her family, the penalty imposed for the crime
of violation of confidentiality shall be in addition to whatever crime he/she may be convicted of.

Section 73. Liability of a Parent, Spouse or Guardian Who Refuses to Cooperate with the Board or any
Concerned Agency. – Any parent, spouse or guardian who, without valid reason, refuses to cooperate
with the Board or any concerned agency in the treatment and rehabilitation of a drug dependent who
is a minor, or in any manner, prevents or delays the after-care, follow-up or other programs for the
welfare of the accused drug dependent, whether under voluntary submission program or compulsory
submission program, may be cited for contempt by the court.

Section 74. Cost-Sharing in the Treatment and Rehabilitation of a Drug Dependent. – The parent,
spouse, guardian or any relative within the fourth degree of consanguinity of any person who is
confined under the voluntary submission program or compulsory submission program shall be
charged a certain percentage of the cost of his/her treatment and rehabilitation, the guidelines of
which shall be formulated by the DSWD taking into consideration the economic status of the family
of the person confined. The guidelines therein formulated shall be implemented by a social worker
of the local government unit.

Section 75. Treatment and Rehabilitation Centers. – The existing treatment and rehabilitation centers
for drug dependents operated and maintained by the NBI and the PNP shall be operated, maintained
and managed by the DOH in coordination with other concerned agencies. For the purpose of
enlarging the network of centers, the Board through the DOH shall encourage, promote or whenever
feasible, assist or support in the establishment, operations and maintenance of private centers
which shall be eligible to receive grants, donations or subsidy from either government or private
sources. It shall also support the establishment of government-operated regional treatment and
rehabilitation centers depending upon the availability of funds. The national government, through its
appropriate agencies shall give priority funding for the increase of subsidy to existing government
drug rehabilitation centers, and shall establish at least one (1) drug rehabilitation center in each
province, depending on the availability of funds.

Section 76. The Duties and Responsibilities of the Department of health (DOH) Under this Act. – The
DOH shall:

(1) Oversee the monitor the integration, coordination and supervision of all drug rehabilitation,
intervention, after-care and follow-up programs, projects and activities as well as the establishment,
operations, maintenance and management of privately-owned drug treatment rehabilitation centers
and drug testing networks and laboratories throughout the country in coordination with the DSWD
and other agencies;

(2) License, accredit, establish and maintain drug test network and laboratory, initiate, conduct and
support scientific research on drugs and drug control;

(3) Encourage, assist and accredit private centers, promulgate rules and regulations setting
minimum standards for their accreditation to assure their competence, integrity and stability;

(4) Prescribe and promulgate rules and regulations governing the establishment of such Centers as
it may deem necessary after conducting a feasibility study thereof;

(5) The DOH shall, without prejudice to the criminal prosecution of those found guilty of violating this
Act, order the closure of a Center for treatment and rehabilitation of drug dependency when, after
investigation it is found guilty of violating the provisions of this Act or regulations issued by the
Board; and

(6) Charge reasonable fees for drug dependency examinations, other medical and legal services
provided to the public, which shall accrue to the Board. All income derived from these sources shall
be part of the funds constituted as special funds for the implementation of this Act under Section
87.

ARTICLE IX

Dangerous Drugs Board and Philippine Drug Enforcement Agency

Section 77. The Dangerous Drugs Board. – The Board shall be the policy-making and
strategy-formulating body in the planning and formulation of policies and programs on drug
prevention and control. It shall develop and adopt a comprehensive, integrated, unified and balanced
national drug abuse prevention and control strategy. It shall be under the Office of the President.

Section 78. Composition of the Board. – The Board shall be composed of seventeen (17) members
wherein three (3) of which are permanent members, the other twelve (12) members shall be in an ex
officio capacity and the two (2) shall be regular members.

The three (3) permanent members, who shall possess at least seven-year training and experience in
the field of dangerous drugs and in any of the following fields: in law, medicine, criminology,
psychology or social work, shall be appointed by the President of the Philippines. The President shall
designate a Chairman, who shall have the rank of a secretary from among the three (3) permanent
members who shall serve for six (6) years. Of the two (2) other members, who shall both have the
rank of undersecretary, one (1) shall serve for four (4) years and the other for two (2) years.
Thereafter, the persons appointed to succeed such members shall hold office for a term of six (6)
years and until their successors shall have been duly appointed and qualified.

The other twelve (12) members who shall be ex officio members of the Board are the following:

(1) Secretary of the Department of Justice or his/her representative;

(2) Secretary of the Department of Health or his/her representative;

(3) Secretary of the Department of National Defense or his/her representative;

(4) Secretary of the Department of Finance or his/her representative;

(5) Secretary of the Department of Labor and Employment or his/her representative;

(6) Secretary of the Department of the Interior and Local Government or his/her representative;

(7) Secretary of the Department of Social Welfare and Development or his/her representative;

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

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

(10) Chairman of the Commission on Higher Education or his/her representative;

(11) Chairman of the National Youth Commission;

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

Cabinet secretaries who are members of the Board may designate their duly authorized and
permanent representatives whose ranks shall in no case be lower than undersecretary.

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

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

(b) The chairman or president of a non-government organization involved in dangerous drug

campaign to be appointed by the President of the Philippines.

The Director of the NBI and the Chief of the PNP shall be the permanent consultants of the Board,
and shall attend all the meetings of the Board.

All members of the Board as well as its permanent consultants shall receive a per diem for every
meeting actually attended subject to the pertinent budgetary laws, rules and regulations on
compensation, honoraria and allowances: Provided, That where the representative of an ex officio
member or of the permanent consultant of the Board attends a meeting in behalf of the latter, such
representative shall be entitled to receive the per diem.

Section 79. Meetings of the Board. – The Board shall meet once a week or as often as necessary at
the discretion of the Chairman or at the call of any four (4) other members. The presence of nine (9)
members shall constitute a quorum.

Section 80. Secretariat of the Board. – The Board shall recommend to the President of the
Philippines the appointment of an Executive Director, with the rank of an undersecretary, who shall
be the Secretary of the Board and administrative officer of its secretariat, and shall perform such
other duties that may be assigned to him/her. He/she must possess adequate knowledge, training
and experience in the field of dangerous drugs, and in any of the following fields: law enforcement,
law, medicine, criminology, psychology or social work.

Two deputies executive director, for administration and operations, with the ranks of assistant
secretary, shall be appointed by the President upon recommendation of the Board. They shall
possess the same qualifications as those of the executive director. They shall receive a salary
corresponding to their position as prescribed by the Salary Standardization Law as a Career Service
Officer.

The existing secretariat of the Board shall be under the administrative control and supervision of the
Executive Director. It shall be composed of the following divisions, namely: Policy Studies, Research
and Statistics; Preventive Education, Training and Information; Legal Affairs; and the Administrative
and Financial Management.

Section 81. Powers and Duties of the Board. – The Board shall:

(a) Formulate, develop and establish a comprehensive, integrated, unified and balanced national
drug use prevention and control strategy;

(b) Promulgate such rules and regulations as may be necessary to carry out the purposes of this Act,
including the manner of safekeeping, disposition, burning or condemnation of any dangerous drug
and/or controlled precursor and essential chemical under its charge and custody, and prescribe
administrative remedies or sanctions for the violations of such rules and regulations;
(c) Conduct policy studies, program monitoring and evaluations and other researches on drug
prevention, control and enforcement;

(d) Initiate, conduct and support scientific, clinical, social, psychological, physical and biological
researches on dangerous drugs and dangerous drugs prevention and control measures;

(e) Develop an educational program and information drive on the hazards and prevention of illegal
use of any dangerous drug and/or controlled precursor and essential chemical based on factual
data, and disseminate the same to the general public, for which purpose the Board shall endeavor to
make the general public aware of the hazards of any dangerous drugs and/or controlled precursor
and essential chemical by providing among others, literature, films, displays or advertisements and
by coordinating with all institutions of learning as well as with all national and local enforcement
agencies in planning and conducting its educational campaign programs to be implemented by the
appropriate government agencies;

(f) Conduct continuing seminars for, and consultations with, and provide information materials to
judges and prosecutors in coordination with the Office of the Court Administrator, in the case of
judges, and the DOJ, in the case of prosecutors, which aim to provide them with the current
developments and programs of the Board pertinent to its campaign against dangerous drugs and its
scientific researches on dangerous drugs, its prevention and control measures;

(g) Design special trainings in order to provide law enforcement officers, members of the judiciary,
and prosecutors, school authorities and personnel of centers with knowledge and know-how in
dangerous drugs and/or controlled precursors and essential chemicals control in coordination with
the Supreme Court to meet the objectives of the national drug control programs;

(h) Design and develop, in consultation and coordination with the DOH, DSWD and other agencies
involved in drugs control, treatment and rehabilitation, both public and private, a national treatment
and rehabilitation program for drug dependents including a standard aftercare and community
service program for recovering drug dependents;

(i) Design and develop, jointly with the DOLE and in consultation with labor and employer groups as
well as nongovernment organizations a drug abuse prevention program in the workplace that would
include a provision for employee assistance programs for emotionally-stressed employees;

(j) Initiate and authorize closure proceedings against non-accredited and/or substandard
rehabilitation centers based on verified reports of human rights violations, subhuman conditions,
inadequate medical training and assistance and excessive fees for implementation by the PDEA;

(k) Prescribe and promulgate rules and regulations governing the establishment of such centers,
networks and laboratories as deemed necessary after conducting a feasibility study in coordination
with the DOH and other government agencies;

(l) Receive, gather, collect and evaluate all information on the importation, exportation, production,
manufacture, sale, stocks, seizures of and the estimated need for any dangerous drug and/or
controlled precursor and essential chemical, for which purpose the Board may require from any
official, instrumentality or agency of the government or any private person or enterprise dealing in, or
engaged in activities having to do with any dangerous drug and/or controlled precursors and
essential chemicals such data or information as it may need to implement this Act;

(m) Gather and prepare detailed statistics on the importation, exportation, manufacture, stocks,
seizures of and estimates need for any dangerous drug and/or controlled precursors and essential
chemicals and such other statistical data on said drugs as may be periodically required by the United
Nations Narcotics Drug Commission, the World Health Organization and other international
organizations in consonance with the country's international commitments;

(n) Develop and maintain international networking coordination with international drug control
agencies and organizations, and implement the provisions of international conventions and
agreements thereon which have been adopted and approved by the Congress of the Philippines;

(o) Require all government and private hospitals, clinics, doctors, dentists and other practitioners to
submit a report to it, in coordination with the PDEA, about all dangerous drugs and/or controlled
precursors and essential chemicals-related cases to which they have attended for statistics and
research purposes;

(p) Receive in trust legacies, gifts and donations of real and personal properties of all kinds, to
administer and dispose the same when necessary for the benefit of government and private
rehabilitation centers subject to limitations, directions and instructions from the donors, if any;

(q) Issue guidelines as to the approval or disapproval of applications for voluntary treatment,
rehabilitation or confinement, wherein it shall issue the necessary guidelines, rules and regulations
pertaining to the application and its enforcement;

(r) Formulate guidelines, in coordination with other government agencies, the importation,
distribution, production, manufacture, compounding, prescription, dispensing and sale of, and other
lawful acts in connection with any dangerous drug, controlled precursors and essential chemicals
and other similar or analogous substances of such kind and in such quantity as it may deem
necessary according to the medical and research needs or requirements of the country including
diet pills containing ephedrine and other addictive chemicals and determine the quantity and/or
quality of dangerous drugs and controlled precursors and essential chemicals to be imported,
manufactured and held in stock at any given time by authorized importer, manufacturer or distributor
of such drugs;

(s) Develop the utilization of a controlled delivery scheme in addressing the transshipment of
dangerous drugs into and out of the country to neutralize transnational crime syndicates involved in
illegal trafficking of any dangerous drugs and/or controlled precursors and essential chemicals;

(t) Recommend the revocation of the professional license of any practitioner who is an owner,
co-owner, lessee, or in the employ of the drug establishment, or manager of a partnership,
corporation, association, or any juridical entity owning and/or controlling such drug establishment,
and who knowingly participates in, or consents to, tolerates, or abets the commission of the act of
violations as indicated in the preceding paragraph, all without prejudice to the criminal prosecution
of the person responsible for the said violation;
(u) Appoint such technical, administrative and other personnel as may be necessary for the effective
implementation of this Act, subject to the Civil Service Law and its rules and regulations;

(v) Establish a regular and continuing consultation with concerned government agencies and
medical professional organizations to determine if balance exists in policies, procedures, rules and
regulations on dangerous drugs and to provide recommendations on how the lawful use of
dangerous drugs can be improved and facilitated; and

(w) Submit an annual and periodic reports to the President, the Congress of the Philippines and the
Senate and House of Representatives committees concerned as may be required from time to time,
and perform such other functions as may be authorized or required under existing laws and as
directed by the President himself/herself or as recommended by the congressional committees
concerned.

Section 82. Creation of the Philippine Drug Enforcement Agency (PDEA). – To carry out the provisions
of this Act, the PDEA, which serves as the implementing arm of the Board, and shall be responsible
for the efficient and effective law enforcement of all the provisions on any dangerous drug and/or
controlled precursor and essential chemical as provided in this Act.

The PDEA shall be headed by a Director General with the rank of Undersecretary, who shall be
responsible for the general administration and management of the Agency. The Director General of
the PDEA shall be appointed by the President of the Philippines and shall perform such other duties
that may be assigned to him/her. He/she must possess adequate knowledge, training and
experience in the field of dangerous drugs, and in any of the following fields: law enforcement, law,
medicine, criminology, psychology or social work.

The Director General of the PDEA shall be assisted in the performance of his/her duties and
responsibilities by two (2) deputies director general with the rank of Assistant Secretary; one for
Operations and the other one for Administration. The two (2) deputies director general shall likewise
be appointed by the President of the Philippines upon recommendation of the Board. The two (2)
deputies director general shall possess the same qualifications as those of the Director General of
the PDEA. The Director General and the two (2) deputies director general shall receive the
compensation and salaries as prescribed by law.

Section 83. Organization of the PDEA. – The present Secretariat of the National Drug Law
Enforcement and Prevention Coordinating Center as created by Executive Order No. 61 shall be
accordingly modified and absorbed by the PDEA.

The Director General of the PDEA shall be responsible for the necessary changes in the
organizational set-up which shall be submitted to the Board for approval.

For purposes of carrying out its duties and powers as provided for in the succeeding Section of this
Act, the PDEA shall have the following Services, namely: Intelligence and Investigation; International
Cooperation and Foreign Affairs; Preventive Education and Community Involvement; Plans and
Operations; Compliance; Legal and Prosecution; Administrative and Human Resource; Financial
Management; Logistics Management; and Internal Affairs.
The PDEA shall establish and maintain regional offices in the different regions of the country which
shall be responsible for the implementation of this Act and the policies, programs, and projects of
said agency in their respective regions.

Section 84. Powers and Duties of the PDEA. – The PDEA shall:

(a) Implement or cause the efficient and effective implementation of the national drug control
strategy formulated by the Board thereby carrying out a national drug campaign program which shall
include drug law enforcement, control and prevention campaign with the assistance of concerned
government agencies;

(b) Undertake the enforcement of the provisions of Article II of this Act relative to the unlawful acts
and penalties involving any dangerous drug and/or controlled precursor and essential chemical and
investigate all violators and other matters involved in the commission of any crime relative to the
use, abuse or trafficking of any dangerous drug and/or controlled precursor and essential chemical
as provided for in this Act and the provisions of Presidential Decree No. 1619;

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

(d) Arrest and apprehend as well as search all violators and seize or confiscate, the effects or
proceeds of the crimes as provided by law and take custody thereof, for this purpose the
prosecutors and enforcement agents are authorized to possess firearms, in accordance with
existing laws;

(e) Take charge and have custody of all dangerous drugs and/or controlled precursors and essential
chemicals seized, confiscated or surrendered to any national, provincial or local law enforcement
agency, if no longer needed for purposes of evidence in court;

(f) Establish forensic laboratories in each PNP office in every province and city in order to facilitate
action on seize or confiscated drugs, thereby hastening its destruction without delay;

(g) Recommend to the DOJ the forfeiture of properties and other assets of persons and/or
corporations found to be violating the provisions of this Act and in accordance with the pertinent
provisions of the Anti-Money-Laundering Act of 2001;

(h) Prepare for prosecution or cause the filing of appropriate criminal and civil cases for violation of
all laws on dangerous drugs, controlled precursors and essential chemicals, and other similar
controlled substances, and assist, support and coordinate with other government agencies for the
proper and effective prosecution of the same;

(i) Monitor and if warranted by circumstances, in coordination with the Philippine Postal Office and
the Bureau of Customs, inspect all air cargo packages, parcels and mails in the central post office,
which appear from the package and address itself to be a possible importation of dangerous drugs
and/or controlled precursors and essential chemicals, through on-line or cyber shops via the internet
or cyberspace;
(j) Conduct eradication programs to destroy wild or illegal growth of plants from which dangerous
drugs may be extracted;

(k) Initiate and undertake the formation of a nationwide organization which shall coordinate and
supervise all activities against drug abuse in every province, city, municipality and barangay with the
active and direct participation of all such local government units and nongovernmental
organizations, including the citizenry, subject to the provisions of previously formulated programs of
action against dangerous drugs;

(l) Establish and maintain a national drug intelligence system in cooperation with law enforcement
agencies, other government agencies/offices and local government units that will assist in its
apprehension of big-time drug lords;

(m) Establish and maintain close coordination, cooperation and linkages with international drug
control and administration agencies and organizations, and implement the applicable provisions of
international conventions and agreements related to dangerous drugs to which the Philippines is a
signatory;

(n) Create and maintain an efficient special enforcement unit to conduct an investigation, file
charges and transmit evidence to the proper court, wherein members of the said unit shall possess
suitable and adequate firearms for their protection in connection with the performance of their
duties: Provided, That no previous special permit for such possession shall be required;

(o) Require all government and private hospitals, clinics, doctors, dentists and other practitioners to
submit a report to it, in coordination with the Board, about all dangerous drugs and/or controlled
precursors and essential chemicals which they have attended to for data and information purposes;

(p) Coordinate with the Board for the facilitation of the issuance of necessary guidelines, rules and
regulations for the proper implementation of this Act;

(q) Initiate and undertake a national campaign for drug prevention and drug control programs, where
it may enlist the assistance of any department, bureau, office, agency or instrumentality of the
government, including government-owned and or –controlled corporations, in the anti-illegal drugs
drive, which may include the use of their respective personnel, facilities, and resources for a more
resolute detection and investigation of drug-related crimes and prosecution of the drug traffickers;
and

(r) Submit an annual and periodic reports to the Board as may be required from time to time, and
perform such other functions as may be authorized or required under existing laws and as directed
by the President himself/herself or as recommended by the congressional committees concerned.

Section 85. The PDEA Academy. – Upon the approval of the Board, the PDEA Academy shall be
established either in Baguio or Tagaytay City, and in such other places as may be necessary. The
PDEA Academy shall be responsible in the recruitment and training of all PDEA agents and
personnel. The Board shall provide for the qualifications and requirements of its recruits who must
be at least twenty-one (21) years old, of proven integrity and honesty and a Baccalaureate degree
holder.
The graduates of the Academy shall later comprise the operating units of the PDEA after the
termination of the transition period of five (5) years during which all the intelligence network and
standard operating procedures of the PDEA has been set up and operationalized.

The Academy shall be headed by a Superintendent, with the rank of Director. He/she shall be
appointed by the PDEA Director General.

Section 86. Transfer, Absorption, and Integration of All Operating Units on Illegal Drugs into the PDEA
and Transitory Provisions. – The Narcotics Group of the PNP, the Narcotics Division of the NBI and
the Customs Narcotics Interdiction Unit are hereby abolished; however they shall continue with the
performance of their task as detail service with the PDEA, subject to screening, until such time that
the organizational structure of the Agency is fully operational and the number of graduates of the
PDEA Academy is sufficient to do the task themselves: Provided, That such personnel who are
affected shall have the option of either being integrated into the PDEA or remain with their original
mother agencies and shall, thereafter, be immediately reassigned to other units therein by the head
of such agencies. Such personnel who are transferred, absorbed and integrated in the PDEA shall be
extended appointments to positions similar in rank, salary, and other emoluments and privileges
granted to their respective positions in their original mother agencies.

The transfer, absorption and integration of the different offices and units provided for in this Section
shall take effect within eighteen (18) months from the effectivity of this Act: Provided, That
personnel absorbed and on detail service shall be given until five (5) years to finally decide to join the
PDEA.

Nothing in this Act shall mean a diminution of the investigative powers of the NBI and the PNP on all
other crimes as provided for in their respective organic laws: Provided, however, That when the
investigation being conducted by the NBI, PNP or any ad hoc anti-drug task force is found to be a
violation of any of the provisions of this Act, the PDEA shall be the lead agency. The NBI, PNP or any
of the task force shall immediately transfer the same to the PDEA: Provided, further, That the NBI,
PNP and the Bureau of Customs shall maintain close coordination with the PDEA on all drug related
matters.

ARTICLE X

Appropriations, Management of Funds and Annual Report

Section 87. Appropriations. – The amount necessary for the operation of the Board and the PDEA
shall be charged against the current year's appropriations of the Board, the National Drug Law
Enforcement and Prevention Coordinating Center, the Narcotics Group of the PNP, the Narcotics
Division of the NBI and other drug abuse units of the different law enforcement agencies integrated
into the PDEA in order to carry out the provisions of this Act. Thereafter, such sums as may be
necessary for the continued implementation of this Act shall be included in the annual General
Appropriations Act.

All receipts derived from fines, fees and other income authorized and imposed in this Act, including
ten percent (10%) of all unclaimed and forfeited sweepstakes and lotto prizes but not less than
twelve million pesos (P12,000,000.00) per year from the Philippine Charity Sweepstakes Office
(PCSO), are hereby constituted as a special account in the general fund for the implementation of
this Act: Provided, That no amount shall be disbursed to cover the operating expenses of the Board
and other concerned agencies: Provided, further, That at least fifty percent (50%) of all the funds
shall be reserved for assistance to government-owned and/or operated rehabilitation centers.

The fines shall be remitted to the Board by the court imposing such fines within thirty (30) days from
the finality of its decisions or orders. The unclaimed and forfeited prizes shall be turned over to the
Board by the PCSO within thirty (30) days after these are collected and declared forfeited.

A portion of the funds generated by the Philippine Amusement and Gaming Corporation (PAGCOR) in
the amount of Five million pesos (P5,000,000.00) a month shall be set aside for the purpose of
establishing adequate drug rehabilitation centers in the country and also for the maintenance and
operations of such centers: Provided, That the said amount shall be taken from the fifty percent
(50%) share of the National Government in the income of PAGCOR: Provided, further, That the said
amount shall automatically be remitted by PAGCOR to the Board. The amount shall, in turn, be
disbursed by the Dangerous Drugs Board, subject to the rules and regulations of the Commission on
Audit (COA).

The fund may be augmented by grants, donations, and endowment from various sources, domestic
or foreign, for purposes related to their functions, subject to the existing guidelines set by the
government.

Section 88. Management of Funds Under this Act; Annual Report by the Board and the PDEA. – The
Board shall manage the funds as it may deem proper for the attainment of the objectives of this Act.
In addition to the periodic reports as may be required under this Act, the Chairman of the Board shall
submit to the President of the Philippines and to the presiding officers of both houses of Congress,
within fifteen (15) days from the opening of the regular session, an annual report on the dangerous
drugs situation in the country which shall include detailed account of the programs and projects
undertaken, statistics on crimes related to dangerous drugs, expenses incurred pursuant to the
provisions of this Act, recommended remedial legislation, if needed, and such other relevant facts as
it may deem proper to cite.

Section 89. Auditing the Accounts and Expenses of the Board and the PDEA. – All accounts and
expenses of the Board and the PDEA shall be audited by the COA or its duly authorized
representative.

ARTICLE XI

Jurisdiction Over Dangerous Drugs Cases

Section 90. Jurisdiction. – The Supreme Court shall designate special courts from among the
existing Regional Trial Courts in each judicial region to exclusively try and hear cases involving
violations of this Act. The number of courts designated in each judicial region shall be based on the
population and the number of cases pending in their respective jurisdiction.
The DOJ shall designate special prosecutors to exclusively handle cases involving violations of this
Act.

The preliminary investigation of cases filed under this Act shall be terminated within a period of
thirty (30) days from the date of their filing.

When the preliminary investigation is conducted by a public prosecutor and a probable cause is
established, the corresponding information shall be filed in court within twenty-four (24) hours from
the termination of the investigation. If the preliminary investigation is conducted by a judge and a
probable cause is found to exist, the corresponding information shall be filed by the proper
prosecutor within forty-eight (48) hours from the date of receipt of the records of the case.

Trial of the case under this Section shall be finished by the court not later than sixty (60) days from
the date of the filing of the information. Decision on said cases shall be rendered within a period of
fifteen (15) days from the date of submission of the case for resolution.

Section 91. Responsibility and Liability of Law Enforcement Agencies and other Government Officials
and Employees in Testifying as Prosecution Witnesses in Dangerous Drugs Cases. – Any member of
law enforcement agencies or any other government official and employee who, after due notice, fails
or refuses intentionally or negligently, to appear as a witness for the prosecution in any proceedings,
involving violations of this Act, without any valid reason, shall be punished with imprisonment of not
less than twelve (12) years and one (1) day to twenty (20) years and a fine of not less than Five
hundred thousand pesos (P500,000.00), in addition to the administrative liability he/she may be
meted out by his/her immediate superior and/or appropriate body.

The immediate superior of the member of the law enforcement agency or any other government
employee mentioned in the preceding paragraph shall be penalized with imprisonment of not less
than two (2) months and one (1) day but not more than six (6) years and a fine of not less than Ten
thousand pesos (P10,000.00) but not more than Fifty thousand pesos (P50,000.00) and in addition,
perpetual absolute disqualification from public office if despite due notice to them and to the
witness concerned, the former does not exert reasonable effort to present the latter to the court.

The member of the law enforcement agency or any other government employee mentioned in the
preceding paragraphs shall not be transferred or re-assigned to any other government office located
in another territorial jurisdiction during the pendency of the case in court. However, the concerned
member of the law enforcement agency or government employee may be transferred or re-assigned
for compelling reasons: Provided, That his/her immediate superior shall notify the court where the
case is pending of the order to transfer or re-assign, within twenty-four (24) hours from its approval;
Provided, further, That his/her immediate superior shall be penalized with imprisonment of not less
than two (2) months and one (1) day but not more than six (6) years and a fine of not less than Ten
thousand pesos (P10,000.00) but not more than Fifty thousand pesos (P50,000.00) and in addition,
perpetual absolute disqualification from public office, should he/she fail to notify the court of such
order to transfer or re-assign.

Prosecution and punishment under this Section shall be without prejudice to any liability for violation
of any existing law.
Section 92. Delay and Bungling in the Prosecution of Drug Cases. – Any government officer or
employee tasked with the prosecution of drug-related cases under this act, who, through patent
laxity, inexcusable neglect, unreasonable delay or deliberately causes the unsuccessful prosecution
and/or dismissal of the said drug cases, shall suffer the penalty of imprisonment ranging from
twelve (12) years and one (1) day to twenty (20) years without prejudice to his/her prosecution under
the pertinent provisions of the Revised Penal Code.

Section 93. Reclassification, Addition or Removal of Any Drug from the List of Dangerous Drugs. – The
Board shall have the power to reclassify, add to or remove from the list of dangerous drugs.
Proceedings to reclassify, add, or remove a drug or other substance may be initiated by the PDEA,
the DOH, or by petition from any interested party, including the manufacturer of a drug, a medical
society or association, a pharmacy association, a public interest group concerned with drug abuse, a
national or local government agency, or an individual citizen. When a petition is received by the
Board, it shall immediately begin its own investigation of the drug. The PDEA also may begin an
investigation of a drug at any time based upon the information received from law enforcement
laboratories, national and local law enforcement and regulatory agencies, or other sources of
information.

The Board after notice and hearing shall consider the following factors with respect to each
substance proposed to be reclassified, added or removed from control:

(a) Its actual or relative potential for abuse;

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

(c) The state of current scientific knowledge regarding the drug or other substance;

(d) Its history and current pattern of abuse;

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

(f) Risk to public health; and

(g) Whether the substance is an immediate precursor of a substance already controlled under this
Act.

The Board shall also take into accord the obligations and commitments to international treaties,
conventions and agreements to which the Philippines is a signatory.

The Dangerous Drugs Board shall give notice to the general public of the public hearing of the
reclassification, addition to or removal from the list of any drug by publishing such notice in any
newspaper of general circulation once a week for two (2) weeks.

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

(a) In case a dangerous drug is reclassified as precursors and essential chemicals, the penalties for
the violations of this Act involving the two latter categories of drugs shall, in case of conviction, be
imposed in all pending criminal prosecutions;

(b) In case a precursors and essential chemicals is reclassified as dangerous drug, the penalties for
violations of the Act involving precursors and essential chemicals shall, in case of conviction, be
imposed in all pending criminal prosecutions;

(c) In case of the addition of a new drug to the list of dangerous drugs and precursors and essential
chemicals, no criminal liability involving the same under this Act shall arise until after the lapse of
fifteen (15) days from the last publication of such notice;

(d) In case of removal of a drug from the list of dangerous drugs and precursors and essential
chemicals, all persons convicted and/or detained for the use and/or possession of such a drug shall
be automatically released and all pending criminal prosecution involving such a drug under this Act
shall forthwith be dismissed; and

(e) The Board shall, within five (5) days from the date of its promulgation submit to Congress a
detailed reclassification, addition, or removal of any drug from the list of dangerous drugs.

ARTICLE XII

Implementing Rules and Regulations

Section 94. Implementing Rules and Regulations. – The present Board in consultation with the DOH,
DILG, DOJ, DepEd, DSWD, DOLE, PNP, NBI, PAGCOR and the PCSO and all other concerned
government agencies shall promulgate within sixty (60) days the Implementing Rules and
Regulations that shall be necessary to implement the provisions of this Act.

ARTICLE XIII

Final Provisions

Section 95. Congressional Oversight Committee. – There is hereby created a Congressional

Oversight Committee composed of seven (7) Members from the Senate and seven (7) Members
from the House of Representatives. The Members from the Senate shall be appointed by the Senate
President based on the proportional representation of the parties or coalitions therein with at least
two (2) Senators representing the Minority. The Members from the House of Representatives shall
be appointed by the Speaker, also based on proportional representation of the parties or coalitions
therein with at least two (2) Members representing the Minority.

The Committee shall be headed by the respective Chairpersons of the Senate Committee on Public
Order and Illegal Drugs and the House of Representatives Committee on Dangerous Drugs.

Section 96. Powers and Functions of the Oversight Committee. – The Oversight Committee on
Dangerous Drugs shall, in aid of legislation, perform the following functions, among others:
(a) To set the guidelines and overall framework to monitor and ensure the proper implementation of
this Act;

(b) To ensure transparency and require the submission of reports from government agencies
concerned on the conduct of programs, projects and policies relating to the implementation of this
act;

(c) To approve the budget for the programs of the Oversight Committee on Dangerous Drugs and all
disbursements therefrom, including compensation of all personnel;

(d) To submit periodic reports to the President of the Philippines and Congress on the
implementation of the provisions of this Act;

(e) To determine inherent weaknesses in the law and recommend the necessary remedial legislation
or executive measures; and

(f) To perform such other duties, functions and responsibilities as may be necessary to effectively
attain the objectives of this Act.

Section 97. Adoption of Committee Rules and Regulations, and Funding. – The Oversight Committee
on Dangerous Drugs shall adopt its internal rules of procedure, conduct hearings and receive
testimonies, reports, and technical advice, invite or summon by subpoena ad testificandum any
public official, private citizen, or any other person to testify before it, or require any person by
subpoena duces tecum documents or other materials as it may require consistent with the provisions
of this Act.

The Oversight Committee on Dangerous Drugs shall be assisted by a secretariat to be composed by

personnel who may be seconded from the Senate and the House of Representatives and may retain
consultants.

To carry out the powers and functions of the Oversight Committee on Dangerous Drugs, the initial
sum of Twenty-five million pesos (P25,000,000.00) shall be charged against the current
appropriations of the Senate. Thereafter, such amount necessary for its continued operations shall
be included in the annual General Appropriations Act.

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

Section 98. Limited Applicability of the Revised Penal Code. – Notwithstanding any law, rule or
regulation to the contrary, the provisions of the Revised Penal Code (Act No. 3814), as amended,
shall not apply to the provisions of this Act, except in the case of minor offenders. Where the
offender is a minor, the penalty for acts punishable by life imprisonment to death provided herein
shall be reclusion perpetua to death.

Section 99. Separability Clause. – If for any reason any section or provision of this Act, or any portion
thereof, or the application of such section, provision or portion thereof to any person, group or
circumstance is declared invalid or unconstitutional, the remainder of this Act shall not be affected
by such declaration and shall remain in force and effect.

Section 100. Repealing Clause. – Republic Act No. 6425, as amended, is hereby repealed and all
other laws, administrative orders, rules and regulations, or parts thereof inconsistent with the
provisions of this Act, are hereby repealed or modified accordingly.

Section 101. Amending Clause. – Republic Act No. 7659 is hereby amended accordingly.

Section 102. Effectivity. – This Act shall take effect fifteen (15) days upon its publication in at least
two (2) national newspapers of general circulation.