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CHAPTER 5
DRUG SUPPLY REDUCTION AND DRUG DEMAND REDUCTION

Drug Supply Reduction

Take away drugs from the public through market denial operations and prevention of diversion from the
licit to illicit market; and reduce the proliferation of illegal drugs through sustainable alternative development
programs

Law Enforcement
In order to fully support the government’s anti-drug campaign, the Philippine National Police launched its
PNP Anti-Illegal Drugs Campaign Plan: Double Barrel. Implemented in a two-pronged approach, this is the
centerpiece of PNP’s campaign against illegal drugs. The lower barrel is dubbed as Project Tokhang
(ToktokHangyo), a Visayan composite term that stands for knock (Toktok) and plead (Hangyo). It involves
visiting the residences of suspected illegal drugs personalities who are included in the Watch List provided
by the Directorate for Intelligence (DI) to persuade them to cease from their illegal activities as well as to
avail of the wellness and recovery programs of the government. The upper barrel, which is the Project HVT,
is a sustained anti-illegal drugs police operations that includes buy-busts, service of search warrants and
warrant of arrests, manhunts, raids, and checkpoints against High Value and Street Level Targets involved
in trafficking and selling of illicit drugs. The term tokhangers refers to the members of the Tokhang team
who visit watch listed drug personalities and persuade them to surrender and to stop their illegal drug
activities. Based on PNP guidelines, Tokhang activities shall be done in proper coordination with the
Philippine Drug Enforcement Agency, the Local Government Units, particularly the
Provincial/City/Municipal/Barangay Anti-Drug Abuse Councils, Non- Government Organizations,
stakeholders, and other law enforcement agencies. On January 29, 2018, the Philippine National Police
(PNP) resumed its tokhang activities in three phases, utilizing an updated Operational Guidelines.

Regulatory Compliance
The Board continually update list of drugs for regulation and monitor drug abuse trends to determine the
possible inclusion of new drugs and substances.

Judicial and Legislative Measures

Measures consist of regular reprisal of the judiciary on recent Board regulations and the Comprehensive
Dangerous Drugs Act of 2002 or RA 9165. The Board also seek to foster and improve cooperation among
pillars of the criminal justice system such as the judiciary, prosecution and law enforcement.

What is demand reduction?

Demand reduction means trying to prevent people from wanting to and taking illicit drugs. The various
approaches may include:

• providing education and information to the general community, young people (often within school-based
programs) and drug users to enable them to make informed decisions about drugs

• treatment for drug users such as detoxification, drug substitution and social rehabilitation of drug users by
promoting employment prospects and re-integrating drug users into the community

• community development which addresses poverty, promotes economic opportunities and the integration
of people into meaningful social structures. Research has shown that drug
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Drug education programs shows they can affect people’s attitudes to drugs and increase their knowledge
about drugs, but reduction of drug use is rarely achieved. The majority of drug education programs view
abstinence as the sole measure of success. The failure of these programs largely comes from ignoring why
people start and continue to take drugs. It is crucial to examine the links between drug use and society
such as unemployment, poverty, political and cultural factors. Various forms of drug treatment exist
including:
• detoxification
• residential rehabilitation
• therapeutic communities
• drug substitution therapies.

These approaches are widely used in drug demand reduction with varying degrees of success. The focus
of detoxification is to manage drug withdrawal with the aim of long-term abstinence.

Longer term treatment in therapeutic communities and residential rehabilitation is used worldwide, but it is
expensive, slow and often requires constant repetition. Many programs do not have a comprehensive
understanding of drug users. Addiction is sometimes seen as behavior requiring punishment rather than as
a medical condition. Drug substitution, such as methadone and buprenorphine, has excellent results for
many drug users, especially for chronic relapses. These benefits include:
• reduction in criminal behavior
• decrease illicit drug use
• improved job performance
• reduction of HIV-related risk behaviors
• improved retention rates in treatment
• assisting drug users to regain control of their lives by lessening relapse.

Lastly, demand reduction also focuses on community development and tries to address some of the root
causes of drug use. But there are no quick solutions to deeply entrenched social and psychological risk
factors for drug use.

“Harm reduction aims to keep drug users alive and healthy”

The philosophy of harm reduction is to encourage drug users to progress towards reduced harm and
improved health at a speed which is more acceptable and realistic for them. Importantly, it does not
stigmatize those who practice high-risk behavior, recognizing that such behaviors result from various
complex social, environmental, economic, cultural and personal factors.

The aim of harm reduction is to keep drug users alive, well and productive until treatment works or they
grow out of their drug use and can be reintegrated into society. The strategies of supply and demand
reduction are primarily focused on mid to long term goals and consequently do not address the rapid
transmission of HIV/AIDS.

Harm reduction involves multiple strategies including:

• drug substitution programs (which is also part of demand reduction)
• outreach programs and peer education
• needle and syringe programs
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Name___________________________________________________
Year and Section_____________ Score

ACTIVITY 5
DRUG SUPPLY REDUCTION AND DRUG DEMAND REDUCTION

Instruction. Answer the following question. You can use additional paper/s if needed
1. In your own opinion is anti- drug campaign plan of the government effective? Explain
2. Enumerate the drug treatment program and explain each.
3. What is the difference between drug demand reduction and drug supply reduction
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CHAPTER 6
COMPREHENSIVE DANGEROUS DRUG ACT OF 2002 (R.A 9165)

DEFINITION OF TERMS
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.
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.
Clandestine Laboratory
Any facility used for the illegal manufacture of any dangerous drug and/or controlled precursor and
essential chemical.
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.
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.
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.
Dangerous Drugs
Include those listed in the Schedules annexed to the 1961 Single Convention on Narcotics 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.
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Deliver
Any act of knowingly passing a dangerous drug to another, personally or otherwise, and by any
means, with or without consideration.
Den, Dive or Resort
A place were any dangerous drug and/or controlled precursor and essential chemical is
administered, delivered, stored for illegal purposes, distributed, sold or used in any form.
Dispense
Any act of giving away, selling or distributing medicine or any dangerous drug with or without the use
of prescription.
Drug Abuse. It is the illegal, wrongful, or improper use of any drugs.
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.
Physical Dependence. An adaptive state cause by repeated drug use that reveals itself by development of
intense physical symptoms when the drug is stopped {withdrawal syndrome }
Psychological Dependence. An attachment to drug use which arises from a drug ability to satisfy some
emotional or personality needs of an individual.
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.
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.
Financier
Any person who pays for, raises or supplies money for or underwrites any of the illegal activities
prescribed under this Act.
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.
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Instrument
Anything that is used in or intended to be used in any manner in the commission of illegal drug
trafficking or related offenses.
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, fermenters, separatory funnel, flask, heating mantle, gas
generator, or their substitute.
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.
Cannabis or Commonly known as “Marijuana” or “Indian Hemp” or by Its Other Name
Embrace 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.
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.
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 there from; 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.
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,
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leaves or any part thereof, or substance derived therefrom, even for floral, decorative and culinary
purposes.
Methamphetamine Hydrochloride or commonly known as “Shabu”, “Ice”, “Meth”, or by its any other name
Refers to drug having such chemical composition including any of its isomers or derivatives in any
form.
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.
Practitioner
Any person who is a licensed physician, dentist, chemist, medical technologist, nurse, midwife,
veterinarian or pharmacist in the Philippines.
Planting of Evidence
The willful act by 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, effect 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.
Protector or 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.
Pusher
Any person who sells, trades, administers, dispenses, delivers or gives away to another, on any
terms whatsoever, or distributes, dispatches in transit or transport dangerous drugs or who acts as s broker
in any such transactions, in violation of this Act.
Screening Test
A rapid test performed to establish potential/presumptive positive result.
Sell
Any act of giving away any dangerous drug and/or controlled precursor and essential chemical
whether for money or any other consideration.
Trading
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Transactions involving the illegal trafficking of dangerous drugs and/or controlled precursors and
essential chemical 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
transaction whether for money or any other consideration in violation of this Act.
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.
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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
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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.
ARTICLE III
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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
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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.
 13

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 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
 14

(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:
 15

(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.
 16

[REPUBLIC ACT NO. 10640]

AN ACT TO FURTHER STRENGTHEN THE ANTI-DRUG CAMPAIGN OF THE GOVERNMENT,
AMENDING FOR THE PURPOSE SECTION 21 OF REPUBLIC ACT NO. 9165, OTHERWISE KNOWN AS
THE “COMPREHENSIVE DANGEROUS DRUGS ACT OF 2002″
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:
SECTION 1. Section 21 of Republic Act No. 9165, otherwise known as the “Comprehensive Dangerous
Drugs Act of 2002″, is hereby amended to read as follows:
“SEC. 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 dangerous drugs, controlled
precursors and essential chemicals, instruments/paraphernalia and/or laboratory equipment shall,
immediately after seizure and confiscation, conduct a physical inventory of the seized items 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, with an elected public official and a
representative of the National Prosecution Service or the media who shall be required to sign the copies of
the inventory and be given a copy thereof: Provided, That the physical inventory and photograph shall be
conducted at the place where the search warrant is served; or at the nearest police station or at the nearest
office of the apprehending officer/team, whichever is practicable, in case of warrantless seizures: Provided,
finally, That noncompliance of these requirements under justifiable grounds, as long as the integrity and the
evidentiary value of the seized items are properly preserved by the apprehending officer/team, shall not
render void and invalid such seizures and custody over said items.
“x x x
“(3) A certification of the forensic laboratory examination results, which shall be done by the forensic
laboratory examiner, shall be issued immediately upon the receipt of the subject item/s: Provided, That
when the volume of 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
immediately upon completion of the said examination and certification;
“x x x.”
SEC. 2. Implementing Rules and Regulations (IRR). – To implement effectively the provisions of Section
21, the Philippine Drug Enforcement Agency (PDEA) shall issue the necessary guidelines on the IRR for
the purpose in consultation with the Department of Justice (DO J) and relevant sectors to curb increasing
drug cases.
 17

SEC. 3. Separability Clause. – If any provision or part hereof is held invalid or unconstitutional, the
remainder of the law or the provision not otherwise affected shall remain valid and subsisting.
SEC. 4. Repealing Clause. – All laws, presidential decrees or issuances, executive orders, letters of
instruction, administrative orders, rules and regulations contrary to or inconsistent with the provisions of this
Act are hereby repealed, modified or amended accordingly.
SEC. 5. Effectivity. – This Act shall take effect fifteen (15) days after its complete publication in at least two
(2) newspapers of general circulation.

ACTIVITY 6
COMPREHENSIVE DANGEROUS DRUG ACT OF 2002 (R.A 9165)

Instructor. Answer the following question. You can use additional paper/s needed
Name___________________________________________________
Year and Section_____________ Score

1. If A deliver or distribute any dangerous drug and essential chemical transpire within 100 meters
from the school. What will be the imposed penalty for A?
2. Give at least 20 definition of terms under RA 9165.
3. Who are subjects for drug testing?
1. Explain RA 10640.
2. What is the difference between separability clause and repealing clause of RA 9165.
 18

CHAPTER 7
RELEVANT LAWS AND PENALTIES OF THE DIFFERENT ILLEGAL VICES

Republic Act No. 9208

May 26, 2003
AN ACT TO INSTITUTE POLICIES TO ELIMINATE TRAFFICKING IN PERSONS ESPECIALLY WOMEN
AND CHILDREN, ESTABLISHING THE NECESSARY INSTITUTIONAL MECHANISMS FOR THE
PROTECTION AND SUPPORT OF TRAFFICKED PERSONS, PROVIDING PENALTIES FOR ITS
VIOLATIONS, AND FOR OTHER
Be it enacted by the Senate and the House of Representatives of the Philippines in Congress assembled:

Section 1. Title. This Act shall be known as the “Anti-Trafficking in Persons Act of 2003”.

Section 2. Declaration of Policy. – It is hereby declared that the State values the dignity of every human
person and guarantees the respect of individual rights. In pursuit of this policy, the State shall give highest
priority to the enactment of measures and development of programs that will promote human dignity,
protect the people from any threat of violence and exploitation, eliminate trafficking in persons, and mitigate
pressures for involuntary migration and servitude of persons, not only to support trafficked persons but
more importantly, to ensure their recovery, rehabilitation and reintegration into the mainstream of society.

It shall be a State policy to recognize the equal rights and inherent human dignity of women and men as
enshrined in the United Nations Universal Declaration on Human Rights, United Nations Convention on the
Rights of the Child, United Nations Convention on the Protection of Migrant Workers and their Families.
United Nations Convention Against Transnational Organized Crime Including its Protocol to Prevent,
Suppress and Punish Trafficking in Persons, Especially Women and Children and all other relevant and
universally accepted human rights instruments and other international conventions to which the Philippines
is a signatory.

Section 3. Definition of Terms. – As used in this Act:

(a) Trafficking in Persons – refers to the recruitment, transportation, transfer or harboring, or receipt of
persons with or without the victim’s consent or knowledge, within or across national borders by means of
threat or use of force, or other forms of coercion, abduction, fraud, deception, abuse of power or of position,
taking advantage of the vulnerability of the person, or, the giving or receiving of payments or benefits to
achieve the consent of a person having control over another person for the purpose of exploitation which
includes at a minimum, the exploitation or the prostitution of others or other forms of sexual exploitation,
forced labor or services, slavery, servitude or the removal or sale of organs.
 19

(b) Child – refers to a person below eighteen (18) years of age or one who is over eighteen (18) but is
unable to fully take care of or protect himself/herself from abuse, neglect, cruelty, exploitation, or
discrimination because of a physical or mental disability or condition.(c) Prostitution – refers to any act,
transaction, scheme or design involving the use of a person by another, for sexual intercourse or lascivious
conduct in exchange for money, profit or any other consideration.
(d) Forced Labor and Slavery – refer to the extraction of work or services from any person by means of
enticement, violence, intimidation or threat, use of force or coercion, including deprivation of freedom,
abuse of authority or moral ascendancy, debt-bondage or deception.

(e) Sex Tourism – refers to a program organized by travel and tourism-related establishments and
individuals which consists of tourism packages or activities, utilizing and offering escort and sexual services
as enticement for tourists. This includes sexual services and practices offered during rest and recreation
periods for members of the military.

(f) Sexual Exploitation – refers to participation by a person in prostitution or the production of pornographic

materials as a result of being subjected to a threat, deception, coercion, abduction, force, abuse of
authority, debt bondage, fraud or through abuse of a victim’s vulnerability.

(g) Debt Bondage – refers to the pledging by the debtor of his/her personal services or labor or those of a
person under his/her control as security or payment for a debt, when the length and nature of services is
not clearly defined or when the value of the services as reasonably assessed is not applied toward the
liquidation of the debt.

(h) Pornography – refers to any representation, through publication, exhibition, cinematography, indecent

shows, information technology, or by whatever means, of a person engaged in real or simulated explicit
sexual activities or any representation of the sexual parts of a person for primarily sexual purposes.

(i) Council – shall mean the Inter-Agency Council Against Trafficking created under Section 20 of this Act.

Section 4. Acts of Trafficking in Persons. – It shall be unlawful for any person, natural or juridical, to commit
any of the following acts:

(a) To recruit, transport, transfer; harbor, provide, or receive a person by any means, including those done
under the pretext of domestic or overseas employment or training or apprenticeship, for the purpose of
prostitution, pornography, sexual exploitation, forced labor, slavery, involuntary servitude or debt bondage;

(b) To introduce or match for money, profit, or material, economic or other consideration, any person or, as
provided for under Republic Act No. 6955, any Filipino woman to a foreign national, for marriage for the
purpose of acquiring, buying, offering, selling or trading him/her to engage in prostitution, pornography,
sexual exploitation, forced labor, slavery, involuntary servitude or debt bondage;

(c) To offer or contract marriage, real or simulated, for the purpose of acquiring, buying, offering, selling, or
trading them to engage in prostitution, pornography, sexual exploitation, forced labor or slavery, involuntary
servitude or debt bondage;

(d) To undertake or organize tours and travel plans consisting of tourism packages or activities for the
purpose of utilizing and offering persons for prostitution, pornography or sexual exploitation;
 20

(e) To maintain or hire a person to engage in prostitution or pornography;

(f) To adopt or facilitate the adoption of persons for the purpose of prostitution, pornography, sexual
exploitation, forced labor, slavery, involuntary servitude or debt bondage;

(g) To recruit, hire, adopt, transport or abduct a person, by means of threat or use of force, fraud, deceit,
violence, coercion, or intimidation for the purpose of removal or sale of organs of said person; and

(h) To recruit, transport or adopt a child to engage in armed activities in the Philippines or abroad.

Section 5. Acts that Promote Trafficking in Persons. – The following acts which promote or facilitate
trafficking in persons, shall be unlawful:

(a) To knowingly lease or sublease, use or allow to be used any house, building or establishment for the
purpose of promoting trafficking in persons;

(b) To produce, print and issue or distribute unissued, tampered or fake counseling certificates, registration
stickers and certificates of any government agency which issues these certificates and stickers as proof of
compliance with government regulatory and pre-departure requirements for the purpose of promoting
trafficking in persons;

(c) To advertise, publish, print, broadcast or distribute, or cause the advertisement, publication, printing,
broadcasting or distribution by any means, including the use of information technology and the internet, of
any brochure, flyer, or any propaganda material that promotes trafficking in persons;

(d) To assist in the conduct of misrepresentation or fraud for purposes of facilitating the acquisition of
clearances and necessary exit documents from government agencies that are mandated to provide pre-
departure registration and services for departing persons for the purpose of promoting trafficking in
persons;

(e) To facilitate, assist or help in the exit and entry of persons from/to the country at international and local
airports, territorial boundaries and seaports who are in possession of unissued, tampered or fraudulent
travel documents for the purpose of promoting trafficking in persons;

(f) To confiscate, conceal, or destroy the passport, travel documents, or personal documents or belongings
of trafficked persons in furtherance of trafficking or to prevent them from leaving the country or seeking
redress from the government or appropriate agencies; and

(g) To knowingly benefit from, financial or otherwise, or make use of, the labor or services of a person held
to a condition of involuntary servitude, forced labor, or slavery.

Section 6. Qualified Trafficking in Persons. – The following are considered as qualified trafficking:
(a) When the trafficked person is a child;

(b) When the adoption is affected through Republic Act No. 8043, otherwise known as the “Inter-Country
Adoption Act of 1995” and said adoption is for the purpose of prostitution, pornography, sexual exploitation,
 21

forced labor, slavery, involuntary servitude or debt bondage;

(c) When the crime is committed by a syndicate, or in large scale. Trafficking is deemed committed by a
syndicate if carried out by a group of three (3) or more persons conspiring or confederating with one
another. It is deemed committed in large scale if committed against three (3) or more persons, individually
or as a group;

(d) When the offender is an ascendant, parent, sibling, guardian or a person who exercises authority over
the trafficked person or when the offense is committed by a public officer or employee;
(e) When the trafficked person is recruited to engage in prostitution with any member of the military or law
enforcement agencies;

(f) When the offender is a member of the military or law enforcement agencies; and

Section 10. Penalties and Sanctions. – The following penalties and sanctions are hereby established for the
offenses enumerated in this Act:

(a) Any person found guilty of committing any of the acts enumerated in Section 4 shall suffer the penalty of
imprisonment of twenty (20) years and a fine of not less than One million pesos (P1,000,000.00) but not
more than Two million pesos (P2,000,000.00);

(b) Any person found guilty of committing any of the acts enumerated in Section 5 shall suffer the penalty of
imprisonment of fifteen (15) years and a fine of not less than Five hundred thousand pesos (P500,000.00)
but not more than One million pesos (P1,000,000.00);

(c) Any person found guilty of qualified trafficking under Section 6 shall suffer the penalty of life
imprisonment and a fine of not less than Two million pesos (P2,000,000.00) but not more than Five million
pesos (P5,000,000.00);

(d) Any person who violates Section 7 hereof shall suffer the penalty of imprisonment of six (6) years and a
fine of not less than Five hundred thousand pesos (P500,000.00) but not more than One million pesos
(P1,000,000.00);

(e) If the offender is a corporation, partnership, association, club, establishment or any juridical person, the
penalty shall be imposed upon the owner, president, partner, manager, and/or any responsible officer who
participated in the commission of the crime or who shall have knowingly permitted or failed to prevent its
commission;

(f) The registration with the Securities and Exchange Commission (SEC) and license to operate of the
erring agency, corporation, association, religious group, tour or travel agent, club or establishment, or any
place of entertainment shall be cancelled and revoked permanently. The owner, president, partner or
manager thereof shall not be allowed to operate similar establishments in a different name;

(g) If the offender is a foreigner, he shall be immediately deported after serving his sentence and be barred
permanently from entering the country;
 22

(h) Any employee or official of government agencies who shall issue or approve the issuance of travel exit
clearances, passports, registration certificates, counseling certificates, marriage license, and other similar
documents to persons, whether juridical or natural, recruitment agencies, establishments or other
individuals or groups, who fail to observe the prescribed procedures and the requirement as provided for by
laws, rules and regulations, shall be held administratively liable, without prejudice to criminal liability under
this Act. The concerned government official or employee shall, upon conviction, be dismissed from the
service and be barred permanently to hold public office. His/her retirement and other benefits shall likewise
be forfeited; and
(i) Conviction by final judgment of the adopter for any offense under this Act shall result in the immediate
rescission of the decree of adoption.
Section 11. Use of Trafficked Persons. – Any person who buys or engages the services of trafficked
persons for prostitution shall be penalized as follows:

(a) First offense – six (6) months of community service as may be determined by the court and a fine of
Fifty thousand pesos (P50,000.00); and

(b) Second and subsequent offenses – imprisonment of one (1) year and a fine of One hundred thousand
pesos (P100,000.00).

Section 12. Prescriptive Period. – Trafficking cases under this Act shall prescribe in ten (10)
years: Provided, however, that trafficking cases committed by a syndicate or in a large scale as defined
under Section 6 shall prescribe in twenty (20) years.

The prescriptive period shall commence to run from the day on which the trafficked person is delivered or
released from the conditions of bondage and shall be interrupted by the filing of the complaint or
information and shall commence to run again when such proceedings terminate without the accused being
convicted or acquitted or are unjustifiably stopped for any reason not imputable to the accused.

Section 13. Exemption from Filing Fees. – When the trafficked person institutes a separate civil action for
the recovery of civil damages, he/she shall be exempt from the payment of filing fees.

Section 14. Confiscation and Forfeiture of the Proceeds and Instruments Derived from Trafficking in
Persons. – In addition to the penalty imposed for the violation of this Act, the court shall order the
confiscation and forfeiture, in favor of the government, of all the proceeds and properties derived from the
commission of the crime, unless they are the property of a third person not liable for the unlawful
act; Provided, however, That all awards for damages shall be taken from the personal and separate
properties of the offender; Provided, further, That if such properties are insufficient, the balance shall be
taken from the confiscated and forfeited properties.

When the proceeds, properties and instruments of the offense have been destroyed, diminished in value or
otherwise rendered worthless by any act or omission, directly or indirectly, of the offender, or it has been
concealed, removed, converted or transferred to prevent the same from being found or to avoid forfeiture or
confiscation, the offender shall be ordered to pay the amount equal to the value of the proceeds, property
or instruments of the offense.

Article 202 of the Philippines’ Revised Penal Code defines prostitution as a crime only women can commit.
 23

Article 202. Prostitutes; Penalty. –

For the purposes of this article, women who, for money or profit, habitually indulge in sexual intercourse or
lascivious conduct, are deemed to be prostitutes.  Any person found guilty of any of the offenses covered
by this article shall be punished by arresto menor [minor arrest] or a fine not exceeding 200 pesos, and in
case of recidivism, by arresto mayor [major arrest] in its medium period to prision correccional [correctional
prison] in its minimum period or a fine ranging from 200 to 2,000 pesos, or both, in the discretion of the
court.

Republic Act No. 9211

AN ACT REGULATING THE PACKAGING, USE, SALE, DISTRIBUTION AND ADVERTISEMENTS OF
TOBACCO PRODUCTS AND FOR OTHER PURPOSES

SECTION 1. Short Title.—This Act shall be known as the Tobacco Regulation Act of 2003.

SECTION 2. Policy.—It is the policy of the State to protect the populace from hazardous products and
promote the right to health and instill health consciousness among them. It is also the policy of the State,
consistent with the Constitutional ideal to promote the general welfare, to safeguard the interests of the
workers and other stakeholders in the tobacco industry. For these purposes, the government shall institute
a balanced policy whereby the use, sale and advertisements of tobacco products shall be regulated in
order to promote a healthful environment and protect the citizens from the hazards of tobacco smoke, and
at the same time ensure that the interests of tobacco farmers, growers, workers and stakeholders are not
adversely compromised.

SECTION 3. Purpose.—It is the main thrust of this Act to:

a. Promote a healthful environment;
b. Inform the public of the health risks associated with cigarette smoking and tobacco use;
c. Regulate and subsequently ban all tobacco advertisements and sponsorships;
d. Regulate the labeling of tobacco products;
e. Protect the youth from being initiated to cigarette smoking and tobacco use by prohibiting the sale of
tobacco products to minors;
f. Assist and encourage Filipino tobacco farmers to cultivate alternative agricultural crops to prevent
economic dislocation; and
g. Create an Inter-Agency Committee on Tobacco (IAC-Tobacco) to oversee the implementation of the
provisions of this Act.

SECTION 4. Definition of Terms.—As used in this Act:

a. “Advertisement”—refers to any visual and/or audible message disseminated to the public about or on a
particular product that promote and give publicity by words, designs, images or any other means through
broadcast, electronic, print or whatever form of mass media, including outdoor advertisements, such as but
not limited to signs and billboards. For the purpose of this Act, advertisement shall be understood as
tobacco advertisement.
b. “Advertising”—refers to the business of conceptualizing, presenting, making available and
communicating to the public, through any form of mass media, any fact, data or information about the
attributes, features, quality or availability of consumer products, services or credit.
 24

For the purpose of this Act, advertising shall be understood as tobacco advertising. This shall specifically
refer to any messages and images promoting smoking; the purchase or use of cigarette or tobacco
products; and cigarette or tobacco trademarks, brand names, design and manufacturer’s names;
c. “Advertiser”—refers to a person or entity on whose account or for whom an advertisement is
prepared and disseminated by the advertising agency, which is a service established and
d. operated for the purpose of counseling or creating and producing and/or implementing
advertising programs in various forms of media;
. “Cigarette”—refers to any roll or tubular construction, which contains tobacco or its derivatives
and is intended to be burned or heated under ordinary conditions of use;
e. . “Distributor”—refers to any person to whom a tobacco product is delivered or sold for
purposes of distribution in commerce, except that such term does not include a manufacturer
or retailer or common carrier of such product;
f. “Mass Media”—refers to any medium of communication designed to reach a mass of people.
For this purpose, mass media includes print media such as, but not limited to, newspapers,
magazines, and publications; broadcast media such as, but not limited to radio, television,
cable television, and cinema; electronic media such as but not limited to the internet;
g. “Minor”—refers to any person below eighteen (18) years old;
h. “Manufacturer”—refers to any person or entity, including a repacker, who makes, fabricates,
assembles, processes, or labels a finished product;
i. “Package”—refers to packs, boxes, cartons or containers of any kind in which any tobacco
product is offered for sale to consumers;
j. “Person”—refers to an individual, partnership, corporation or any other business or legal entity;
k. “Point-of-Sale”—refers to any location at which an individual can purchase or otherwise obtain
tobacco products;
l. “Promotion”—refers to an event or activity organized by or on behalf of a tobacco
manufacturer, distributor or retailer with the aim of promoting a brand of tobacco product,
which event or activity would not occur but for the support given to it by or on behalf of the
tobacco manufacturer, distributor or retailer. It may also refer to the display of a tobacco
product or manufacturer’s name, trademark, logo, etc. on non-tobacco products. This includes
the paid use of tobacco products bearing the brand names, trademarks, logos, etc. in movies,
television and other forms of entertainment. For the purpose of this Act, promotion shall be
understood as tobacco promotion;
m. “Public Conveyances”—refer to modes of transportation servicing the general population, such
as, but not limited to, elevators, airplanes, buses, taxicabs, ships, jeepneys, light rail transits,
tricycles, and similar vehicles;
n. “Public Places”—refer to enclosed or confined areas of all hospitals, medical clinics, schools,
public transportation terminals and offices, and buildings such as private and public offices,
recreational places, shopping malls, movie houses, hotels, restaurants, and the like;
o. “Retailer”—refers to any person who or entity that sells tobacco products to individuals for
personal consumption;
p. “Smoking”—refers to the act of carrying a lighted cigarette or other tobacco products, whether
or not it is being inhaled or smoked;
q. “Sponsorship”—refers to any public or private contribution to a third party in relation to an
event, team or activity made with the aim of promoting a brand of tobacco product, which
event, team or activity would still exist or occur without such contribution. For the purpose of
this Act, sponsorship shall be understood as tobacco sponsorship;
 25

r. “Tobacco”—refers to agricultural components derived from the tobacco plant, which are
processed for use in the manufacturing of cigarettes and other tobacco products;
s. “Tobacco Grower”—refers to any person who plants tobacco before the enactment of this Act
and classified as such by the National Tobacco Administration (NTA); and
t. “Warning”—refers to the notice printed on the tobacco product or its container and/or displayed
in print or aired in broadcast or electronic media including outdoor advertising and which shall
bear information on the hazards of tobacco use.

SECTION 6. Designated Smoking and Non-smoking Areas.—In all enclosed places that are open to the
general public, private workplaces and other places not covered under the preceding section, where
smoking may expose a person other than the smoker to tobacco smoke, the owner, proprietor, operator,
possessor, manager or administrator of such places shall establish smoking and non-smoking areas. Such
areas may include a designated smoking area within the building, which may be in an open space or
separate area with proper ventilation, but shall not be located within the same room that has been
designated as a non-smoking area.

All designated smoking areas shall have at least one (1) legible and visible sign posted, namely “SMOKING
AREA” for the information and guidance of all concerned. In addition, the sign or notice posted shall include
a warning about the health effects of direct or secondhand exposure to tobacco smoke. Non-Smoking
areas shall likewise have at least one (1) legible and visible sign, namely: “NON-SMOKING AREA” or “NO
SMOKING.”

SECTION 10. Sale of Tobacco Products Within School Perimeters.—The sale or distribution of tobacco
products is prohibited within one hundred (100) meters from any point of the perimeter of a school, public
playground or other facility frequented particularly by minors.

SECTION 11. Signage.—Point-of-Sale establishments offering, distributing or selling tobacco products to

consumers, shall post the following statement in a clear and conspicuous manner: “SALE/DISTRIBUTION
TO OR PURCHASE BY MINORS OF TOBACCO PRODUCTS IS UNLAWFUL” or “IT IS UNLAWFUL FOR
TOBACCO PRODUCTS TO BE SOLD/DISTRIBUTED TO OR PURCHASED BY PERSONS UNDER 18
YEARS OF AGE.”

SECTION 32. Penalties.—The following penalties shall apply:

a. Violation of Sections 5 and 6.—On the first offense, a fine of not less than Five hundred pesos
(Php500.00) but not more than One thousand pesos (Php1,000.00) shall be imposed.
On the second offense, a fine of not less than One thousand pesos (Php1,000.00) but not more than Five
thousand pesos (Php5,000.00) shall be imposed.
On the third offense, in addition to a fine of not less than Five thousand pesos (Php5,000.00) but not more
than Ten thousand pesos (Php10,000.00), the business permits and licenses to operate shall be cancelled
or revoked.

b. Violation of Sections 7, 8, 9, 10, and 11.—On the first offense, any person or any business entity or
establishment selling to, distributing or purchasing a cigarette or any other tobacco products for a minor
shall be fined the amount of not less than Five thousand pesos (Php5,000.00) or an imprisonment of not
more than thirty (30) days, upon the discretion of the court. For succeeding offenses, both penalties shall
apply in addition to the revocation of business licenses or permits in the case of a business entity or
establishment.
 26

If the violation is by an establishment of business entity, the owner, president, manager, or the most senior
officers thereof shall be held liable for the offense.

If a minor is caught selling, buying or smoking cigarettes or any other tobacco products, the provisions of
Article 189 of Presidential Decree No. 603 otherwise known as The Child and Youth Welfare Code, as
amended, shall apply.

c. Violation of Sections 13 to 27.—On the first offense, a fine of not more than One hundred thousand
pesos (Php100,000.00) or imprisonment of not more than one (1) year, or both, at the discretion of the
court shall be imposed.
On the second offense, a fine of Two hundred thousand pesos (Php200,000.00) or imprisonment of not
more than two (2) years or both at the discretion of the court shall be imposed.

On the third offense, in addition to a fine of not more than Four hundred thousand pesos (Php400,000.00)
or imprisonment of not more than three (3) years, or both, at the discretion of the court, the business
permits and licenses, in the case of a business entity or establishment, shall be revoked or cancelled.

In the case of a business entity or establishment, the owner, president, manager or officials thereof shall be
liable.

If the guilty officer is an alien, he shall summarily be deported after serving his sentence, and shall be
forever barred from re-entering the Philippines.

REPUBLIC ACT No. 10586

AN ACT PENALIZING PERSONS DRIVING UNDER THE INFLUENCE OF ALCOHOL, DANGEROUS
DRUGS, AND SIMILAR SUBSTANCES, AND FOR OTHER PURPOSES
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

Section 1. Short Title. – This Act shall be known as the "Anti-Drunk and Drugged Driving Act of 2013″.

Section 2. Declaration of Policy. – Pursuant to the Constitutional principle that recognizes the protection of
life and property and the promotion of the general welfare as essential for the enjoyment of the blessing of
democracy, it is hereby declared the policy of the State to ensure road safety through the observance of the
citizenry of responsible and ethical driving standards.

Towards this end, the State shall penalize the acts of driving under the influence of alcohol, dangerous
drugs and other intoxicating substances and shall inculcate the standards of safe driving and the benefits
that may be derived from it through institutional programs and appropriate public information strategies.

Section 3. Definition of Terms. – For purposes of this Act:

(a) Alcohol refers to alcoholic beverages classified into beer, wine and distilled spirits, the
consumption of which produces intoxication.
(b) Breath analyzer refers to the equipment which can determine the blood alcohol concentration
level of a person through testing of his breath.
 27

(c) Chemical tests refer to breath, saliva, urine or blood tests to determine the blood alcohol
concentration level and/or positive indication of dangerous drugs and similar substances in a
person’s body.
(d) Dangerous drugs and other similar substances refer to drugs listed in the schedules annexed to
the 1961 Single Convention on Narcotics Drugs, as amended by the 1972 Protocol, and in the
schedules annexed to the 1971 Single Convention of Psychotropic Substances as enumerated in
its attachment which is an integral part of Republic Act No. 9165, otherwise known as the
"Comprehensive Dangerous Drugs Act of 2002″ and those that the Board may reclassify, add to or
remove from the list of dangerous drugs.
(e) Driving under the influence of alcohol refers to the act of operating a motor vehicle while the
driver’s blood alcohol concentration level has, after being subjected to a breath analyzer test,
reached the level of intoxication, as established jointly by the Department of Health (DOH), the
National Police Commission (NAPOLCOM) and the Department of Transportation and
Communications (DOTC).
(f) Driving under the influence of dangerous drugs and other similar substances refers to the act of
operating a motor vehicle while the driver, after being subjected to a confirmatory test as mandated
under Republic Act No. 9165, is found to be positive for use of any dangerous drug.
(g) Field sobriety tests refer to standardized tests to initially assess and determine intoxication,
such as the horizontal gaze nystagmus, the walk-and-turn, the one-leg stand, and other similar
tests as determined jointly by the DOH, the NAPOLCOM and the DOTC.
(h) Motor vehicle refers to any land transportation vehicle propelled by any power other than
muscular power.
(i) Motor vehicles designed to carry hazardous materials refer to those designed to carry or transport
materials which may endanger health and lives of the public.

Section 5. Punishable Act. – It shall be unlawful for any person to drive a motor vehicle while under the
influence of alcohol, dangerous drugs and/or other similar substances.

Section 12. Penalties. – A driver found to have been driving a motor vehicle while under the influence of
alcohol, dangerous drugs and/or other similar substances, as provided for under Section 5 of this Act, shall
be penalized as follows:
(a) If the violation of Section 5 did not result in physical injuries or homicide, the penalty of three (3)
months imprisonment, and a fine ranging from Twenty thousand pesos (Php20,000.00) to Eighty
thousand pesos (Php80,000.00) shall be imposed;
(b) If the violation of Section 5 resulted in physical injuries, the penalty provided in Article 263 of the
Revised Penal Code or the penalty provided in the next preceding subparagraph, whichever is
higher, and a fine ranging from One hundred thousand pesos (Php100,000.00) to Two hundred
thousand pesos (Php200,000.00) shall be imposed;
(c) If the violation of Section 5 resulted in homicide, the penalty provided in Article 249 of the
Revised Penal Code and a fine ranging from Three hundred thousand pesos (Php300,000.00) to
Five hundred thousand pesos (Php500,000.00) shall be imposed; and
(d) The nonprofessional driver’s license of any person found to have violated Section 5 of this Act
shall also be confiscated and suspended for a period of twelve (12) months for the first conviction
and perpetually revoked for the second conviction. The professional driver’s license of any person
found to have violated Section 5 of this Act shall also be confiscated and perpetually revoked for
the first conviction. The perpetual revocation of a driver’s license shall disqualify the person from
being granted any kind of driver’s license thereafter.
 28

The prosecution for any violation of this Act shall be without prejudice to criminal prosecution for violation of
the Revised Penal Code, Republic Act No. 9165 and other special laws and existing local ordinances,
whenever applicable.

Name___________________________________________________
Year and Section_____________ Score

ACTIVITY 7
RELEVANT LAWS AND PENALTIES OF THE DIFFERENT ILLEGAL VICES

Instruction. Answer the following question. You can use additional paper/s needed
1. Give at least 10 definition of terms that you encountered in this module.
2. What is trafficking in person and prostitution?
3. Is prostitution part of vices?
4. What is the purpose of R.A 9211?
 29

CHAPTER 8
POWERS AND DUTIES OF DDB AND PDEA

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;
 30

(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
 31

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;
 32

(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
 33

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;
 34

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
 35

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
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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.
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Name___________________________________________________
Year and Section_____________ Score

ACTIVITY 8
POWERS AND DUTIES OF DDB AND PDEA

Instruction. Answer the following question. You can use additional paper/s needed.
1. Explain the power and function of PDEA.
2. Give the composition board of dangerous drug.
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