1. Section 54 of the Comprehensive Dangerous Drugs Act allows voluntary submission for confinement, treatment, and rehabilitation for drug dependents.
2. The process begins with an application to the Dangerous Drugs Board by the drug dependent or a relative. If certified as drug dependent by a physician, the court will order at least 6 months of treatment at a rehabilitation center.
3. Confinement cannot exceed 1 year, after which the court and Board will determine if further treatment is needed for the welfare of the dependent and community.
1. Section 54 of the Comprehensive Dangerous Drugs Act allows voluntary submission for confinement, treatment, and rehabilitation for drug dependents.
2. The process begins with an application to the Dangerous Drugs Board by the drug dependent or a relative. If certified as drug dependent by a physician, the court will order at least 6 months of treatment at a rehabilitation center.
3. Confinement cannot exceed 1 year, after which the court and Board will determine if further treatment is needed for the welfare of the dependent and community.
1. Section 54 of the Comprehensive Dangerous Drugs Act allows voluntary submission for confinement, treatment, and rehabilitation for drug dependents.
2. The process begins with an application to the Dangerous Drugs Board by the drug dependent or a relative. If certified as drug dependent by a physician, the court will order at least 6 months of treatment at a rehabilitation center.
3. Confinement cannot exceed 1 year, after which the court and Board will determine if further treatment is needed for the welfare of the dependent and community.
1. Section 54 of the Comprehensive Dangerous Drugs Act allows voluntary submission for confinement, treatment, and rehabilitation for drug dependents.
2. The process begins with an application to the Dangerous Drugs Board by the drug dependent or a relative. If certified as drug dependent by a physician, the court will order at least 6 months of treatment at a rehabilitation center.
3. Confinement cannot exceed 1 year, after which the court and Board will determine if further treatment is needed for the welfare of the dependent and community.
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VOLUNTARY SUBMISSION OF A DRUG DEPENDENT TO
CONFINEMENT, TREATMENT, AND REHABILITATION
Section 54 of R.A. No. 9165 states that: 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 DOHaccredited 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.
Based on the above-quoted provision, the following
requirements before one may be allowed to avail of this option:
are
the
1. He is a drug dependent or has violated Section 15 of R.A. No. 9165;
2. Application for voluntary rehabilitation is filed before the Dangerous Drugs Board (DDB); 3. The application for voluntary rehabilitation may be filed by either the drug dependent himself or by his parent, spouse, guardian, or relative within the 4th civil degree of consanguinity or affinity. If the applicant is of majority age, there must be a previous consent given by the drug dependent. If the applicant is a minor, there is no more need of such previous consent from the drug dependent; 1 1 Atty. Edgardo M. Villareal II, Comments on R.A. 9165.
4. DDB shall forward the application to the Court;
5. The Court shall order the examination of the applicant for drug dependency; 6. If certified to be drug dependent, the Court shall order the treatment and rehabilitation of the applicant for a minimum of six (6) months and a maximum of one (1) year; According to the Dangerous Drugs Board website 2, the following are the requirements for the application for the treatment and rehabilitation of drug dependents: 1. Drug dependents can apply for Drug Dependency Examination (DDE) with the Central Screening and Referral Unit (CSRU) at Rizal Medical Center, Pasig City. If a drug dependent resides outside Metro Manila, they may coordinate with their City Anti-Drug Abuse Council (CADAC) for assistance and for their resident DOH-Accredited Physician to conduct DDE. 2. Police Clearance and Barangay Clearance where the drug dependent resides. 3. RTC Clearance - Certificate of No Pending Case 4. If drug dependent is a minor and has a pending case in Court, he/she together with his / her guardian must secure a Certification of Suspended Sentence from the RTC where the case is filed. Steps to follow in applying for Voluntary Submission, Voluntary thru Representation and Compulsory Confinement treatment and rehabilitation of drug dependents:3 1. Secure referral form for DDE at the Legal Affairs, Division, Dangerous Drugs Board. 2. DDE is conducted by a DOH-accredited physician.4 3. If the examination of the DOH-accredited physician results the issuance of a Certification that the applicant is a drug dependent, he/she or his parents/guardian, spouse shall submit the DDE
2 http://www.ddb.gov.ph/legal-services/treatment-and-rehabilitation 3 Ibid. 4 The website has a list of DOH-accredited physicians.
result, together with the other requirements, to the Legal Affairs
Division. 4. The drug dependent or his parents, relatives, guardian or spouse must fill up the application form prior to the preparation of Petition for Confinement, which shall be notarized and filed with the RTC where the drug dependent resides. In the case of minor drug dependent, his/ her parent / guardian must fill up the application and submit the same for the preparation of Petition for Confinement. 5. In case of compulsory confinement, his/her parents, spouse, relatives must execute an affidavit stating they are submitting for treatment and rehabilitation the alleged drug dependent. The Board will prepare a petition for confinement and file the same with the Court. The drug dependent or his parent, spouse, relatives may decide on the treatment and rehabilitation center of their choice. The Board may recommend government treatment and rehabilitation center like DOHTRC, Tagaytay City and DOH-TRC, Bicutan, Taguig City