RA 9165 (Dangerous Drug Act)

June 7, 2002
REPUBLIC ACT NO. 9165
AN ACT INSTITUTING THE COMPREHENSIVE DANGEROUS DRUGS A CT OF

2002, REPEALING REPUBLIC ACT NO. 6425, OTHERWISE KNOWN AS THE
DANGEROUS DRUGS ACT OF 1972, AS AMENDED, PROVIDING FUNDS
THEREFOR, AND FOR OTHER PURPOSES
SECTION 1. Short Title . — This Act shall be known and cited as the
"Comprehensive Dangerous Drugs Act of 2002". DHITcS
SECTION 2. Declaration of Policy. — It is the policy of the State to

safeguard the integrity of its territory and the well-being of its citizenry
particularly the youth, from the harmful effects of dangerous drugs on their
physical and mental well-being, and to defend the same against acts or
omissions detrimental to their development and preservation. In view of the
foregoing, the State needs to enhance further the efficacy of the law against
dangerous drugs, it being one of today's more serious social ills.
Toward this end, the government shall pursue an intensive and
unrelenting campaign against the trafficking and use of dangerous drugs
and other similar substances through an integrated system of planning,
implementation and enforcement of anti-drug abuse policies, programs, and
projects. The government shall however aim to achieve a balance in the
national drug control program so that people with legitimate medical needs
are not prevented from being treated with adequate amounts of appropriate
medications, which include the use of dangerous drugs.
It is further declared the policy of the State to provide effective
mechanisms or measures to re-integrate into society individuals who have
fallen victims to drug abuse or dangerous drug dependence through
sustainable programs of treatment and rehabilitation.
ARTICLE I
Definition of Terms
SECTION 3. Definitions. — As used in this Act, the following terms
shall mean:
(a) Administer. — Any act of introducing any dangerous drug
into the body of any person, with or without his/her
knowledge, by injection, inhalation, ingestion or other means,
or of committing any act of indispensable assistance to a
person in administering a dangerous drug to himself/herself
unless administered by a duly licensed practitioner for
purposes of medication.
(b) Board. — Refers to the Dangerous Drugs Board under
Section 77, Article IX of this Act.
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(c) Centers. — Any of the treatment and rehabilitation centers
for drug dependents referred to in Section 75, Article VIII of
this Act.
(d) Chemical Diversion. — The sale, distribution, supply or
transport of legitimately imported, in-transit, manufactured
or procured controlled precursors and essential chemicals, in
diluted, mixtures or in concentrated form, to any person or
entity engaged in the manufacture of any dangerous drug,
and shall include packaging, repackaging, labeling, relabeling
or concealment of such transaction through fraud,
destruction of documents, fraudulent use of permits,
misdeclaration, use of front companies or mail fraud.
(e) Clandestine Laboratory. — Any facility used for the illegal

manufacture of any dangerous drug and/or controlled
precursor and essential chemical.
(f) Confirmatory Test. — An analytical test using a device, tool
or equipment with a different chemical or physical principle
that is more specific which will validate and confirm the
result of the screening test.
(g) Controlled Delivery. — The investigative technique of
allowing an unlawful or suspect consignment of any
dangerous drug and/or controlled precursor and essential
chemical, equipment or paraphernalia, or property believed
to be derived directly or indirectly from any offense, to pass
into, through or out of the country under the supervision of
an authorized officer, with a view to gathering evidence to
identify any person involved in any dangerous drugs related
offense, or to facilitate prosecution of that offense.
(h) Controlled Precursors and Essential Chemicals. — Include
those listed in Tables I and II of the 1988 UN Convention
Against Illicit Traffic in Narcotic Drugs and Psychotropic
Substances as enumerated in the attached annex, which is
an integral part of this Act.
(i) Cultivate or Culture. — Any act of knowingly planting,
growing, raising, or permitting the planting, growing or
raising of any plant which is the source of a dangerous drug.
(j) Dangerous Drugs. — Include those listed in the Schedules
annexed to the 1961 Single Convention on Narcotic Drugs, as
amended by the 1972 Protocol, and in the Schedules
annexed to the 1971 Single Convention on Psychotropic
Substances as enumerated in the attached annex which is an
integral part of this Act.
(k) Deliver. — Any act of knowingly passing a dangerous drug
to another, personally or otherwise, and by any means, with
or without consideration.
(l) Den, Dive or Resort. — A place where any dangerous drug
and/or controlled precursor and essential chemical is
administered, delivered, stored for illegal purposes,
distributed, sold or used in any form.
(m) Dispense. — Any act of giving away, selling or distributing
medicine or any dangerous drug with or without the use of
prescription.EADCHS
(n) Drug Dependence. — As based on the World Health

Organization definition, it is a cluster of physiological,
behavioral and cognitive phenomena of variable intensity, in
which the use of psychoactive drug takes on a high priority
thereby involving, among others, a strong desire or a sense
of compulsion to take the substance and the difficulties in
controlling substance-taking behavior in terms of its onset,
termination, or levels of use.
(o) Drug Syndicate. — Any organized group of two (2) or more
persons forming or joining together with the intention of
committing any offense prescribed under this Act.
(p) Employee of Den, Dive or Resort. — The caretaker, helper,
watchman, lookout, and other persons working in the den,
dive or resort, employed by the maintainer, owner and/or
operator where any dangerous drug and/or controlled
precursor and essential chemical is administered, delivered,
distributed, sold or used, with or without compensation, in
connection with the operation thereof.
(q) Financier. — Any person who pays for, raises or supplies
money for, or underwrites any of the illegal activities
prescribed under this Act.
(r) Illegal Trafficking. — The illegal cultivation, culture, delivery,
administration, dispensation, manufacture, sale, trading,
transportation, distribution, importation, exportation and
possession of any dangerous drug and/or controlled
precursor and essential chemical.
(s) Instrument. — Any thing that is used in or intended to be
used in any manner in the commission of illegal drug
trafficking or related offenses.
(t) Laboratory Equipment. — The paraphernalia, apparatus,

materials or appliances when used, intended for use or
designed for use in the manufacture of any dangerous drug
and/or controlled precursor and essential chemical, such as
reaction vessel, preparative/purifying equipment, fermentors,
separatory funnel, flask, heating mantle, gas generator, or
their substitute.
(u) Manufacture. — The production, preparation, compounding
or processing of any dangerous drug and/or controlled
precursor and essential chemical, either directly or indirectly
or by extraction from substances of natural origin, or
independently by means of chemical synthesis or by a
combination of extraction and chemical synthesis, and shall
include any packaging or repackaging of such substances,
design or configuration of its form, or labeling or relabeling of
its container; except that such terms do not include the
preparation, compounding, packaging or labeling of a drug or
other substances by a duly authorized practitioner as an
incident to his/her administration or dispensation of such
drug or substance in the course of his/her professional
practice including research, teaching and chemical analysis
of dangerous drugs or such substances that are not intended
for sale or for any other purpose.
(v) Cannabis or commonly known as "Marijuana" or "Indian

Hemp" or by its any other name. — Embraces every kind,
class, genus, or specie of the plant Cannabis sativa L.
including, but not limited to, Cannabis americana, hashish,
bhang , guaza, churrus and ganjab, and embraces every kind,
class and character of marijuana, whether dried or fresh and
flowering, flowering or fruiting tops, or any part or portion of
the plant and seeds thereof, and all its geographic varieties,
whether as a reefer, resin, extract, tincture or in any form
whatsoever.
(w) Methylenedioxymethamphetamine (MDMA) or commonly

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

"Shabu", "Ice", "Meth", or by its any other name. — Refers to
the drug having such chemical composition, including any of
its isomers or derivatives in any form.
(y) Opium. — Refers to the coagulated juice of the opium poppy
(Papaver somniferum L.) and embraces every kind, class and
character of opium, whether crude or prepared; the ashes or
refuse of the same; narcotic preparations thereof or
therefrom; morphine or any alkaloid of opium; preparations
in which opium, morphine or any alkaloid of opium enters as
an ingredient; opium poppy; opium poppy straw; and leaves
or wrappings of opium leaves, whether prepared for use or
not.
(z) Opium Poppy. — Refers to any part of the plant of the
species Papaver somniferum L. , Papaver setigerum DC,
Papaver orientale , Papaver bracteatum and Papaver rhoeas,
which includes the seeds, straws, branches, leaves or any
part thereof, or substances derived therefrom, even for floral,
decorative and culinary purposes.
(aa) PDEA. — Refers to the Philippine Drug Enforcement Agency
under Section 82, Article IX of this Act.
(bb) Person. — Any entity, natural or juridical, including among
others, a corporation, partnership, trust or estate, joint stock
company, association, syndicate, joint venture or other
unincorporated organization or group capable of acquiring
rights or entering into obligations.
(cc) Planting of Evidence. — The willful act by any person of
maliciously and surreptitiously inserting, placing, adding or
attaching directly or indirectly, through any overt or covert
act, whatever quantity of any dangerous drug and/or
controlled precursor and essential chemical in the person,
house, effects or in the immediate vicinity of an innocent
individual for the purpose of implicating, incriminating or
imputing the commission of any violation of this Act.
(dd) Practitioner. — Any person who is a licensed physician,

dentist, chemist, medical technologist, nurse, midwife,
veterinarian or pharmacist in the Philippines.
(ee) Protector/Coddler. — Any person who knowingly and

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

dispenses, delivers or gives away to another, on any terms
whatsoever, or distributes, dispatches in transit or transports
dangerous drugs or who acts as a broker in any of such
transactions, in violation of this Act.
(gg) School. — Any educational institution, private or public,

undertaking educational operation for pupils/students
pursuing certain studies at defined levels, receiving
instructions from teachers, usually located in a building or a
group of buildings in a particular physical or cyber site.
(hh) Screening Test. — A rapid test performed to establish

potential/presumptive positive result.
(ii) Sell. — Any act of giving away any dangerous drug and/or
controlled precursor and essential chemical whether for
money or any other consideration.
(jj) Trading. — Transactions involving the illegal trafficking of

dangerous drugs and/or controlled precursors and essential
chemicals using electronic devices such as, but not limited
to, text messages, e-mail, mobile or landlines, two-way
radios, internet, instant messengers and chat rooms or acting
as a broker in any of such transactions whether for money or
any other consideration in violation of this Act.
(kk) Use. — Any act of injecting, intravenously or

intramuscularly, of consuming, either by chewing, smoking,
sniffing, eating, swallowing, drinking or otherwise introducing
into the physiological system of the body, any 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 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 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.
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
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.
imposed upon any person, who, unless authorized by law, shall sell, trade,
administer, dispense, deliver, give away to another, distribute, dispatch in
transit or transport any controlled precursor and essential chemical, or shall
act as a broker in such transactions.
If the sale, trading, administration, dispensation, delivery, distribution
or transportation of any dangerous drug and/or controlled precursor and
essential chemical transpires within one hundred (100) meters from the
school, the maximum penalty shall be imposed in every case.
For drug pushers who use minors or mentally incapacitated individuals
as runners, couriers and messengers, or in any other capacity directly
connected to the dangerous drugs and/or controlled precursors and essential
chemicals 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.
upon any person who organizes, manages or acts as a "financier" of any of
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.
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.
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
(P15,000,000.00) 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.
upon any person who organizes, manages or acts as a "financier" of any of
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
imposed upon:
(a) Any employee of a den, dive or resort, who is aware of the
nature of the place as such; and
(b) Any person who, not being included in the provisions of the
next preceding paragraph, is aware of the nature of the place
as such and shall knowingly visit the same.
SECTION 8. Manufacture of Dangerous Drugs and/or Controlled
unless authorized by law, shall engage in the manufacture of any dangerous
drug.
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.
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.
upon any person, who uses a minor or a mentally incapacitated individual to
deliver such equipment, instrument, apparatus and other paraphernalia for
dangerous drugs.
SECTION 11. Possession of Dangerous Drugs. — The penalty of life
imprisonment to death and a fine ranging from Five hundred thousand pesos
(P500,000.00) to Ten million pesos (P10,000,000.00) shall be imposed upon
any person, who, unless authorized by law, shall possess any dangerous
drug in the following quantities, regardless of the degree of purity thereof:
(1) 10 grams or more of opium;
(2) 10 grams or more of morphine;

(3) 10 grams or more of heroin; CTEDSI
(4) 10 grams or more of cocaine or cocaine hydrochloride;
(5) 50 grams or more of methamphetamine hydrochloride or

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

(7) 500 grams or more of marijuana; and
(8) 10 grams or more of other dangerous drugs such as, but
not limited to, methylenedioxymethamphetamine (MDMA) or
"ecstasy", paramethoxyamphetamine (PMA),
trimethoxyamphetamine (TMA), lysergic acid diethylamine
(LSD), gamma hydroxybutyrate (GHB), and those similarly
designed or newly introduced drugs and their derivatives,
without having any therapeutic value or if the quantity
possessed is far beyond therapeutic requirements, as
determined and promulgated by the Board in accordance to
Section 93, Article XI of this Act.
Otherwise, if the quantity involved is less than the foregoing quantities,

the penalties shall be graduated as follows:
(1) Life imprisonment and a fine ranging from Four hundred

thousand pesos (P400,000.00) to Five hundred thousand
pesos (P500,000.00), if the quantity of methamphetamine
hydrochloride or "shabu" is ten (10) grams or more but less
than fifty (50) grams;
(2) Imprisonment of twenty (20) years and one (1) day to life
imprisonment and a fine ranging from Four hundred
thousand pesos (P400,000.00) to Five hundred thousand
pesos (P500,000.00), if the quantities of dangerous drugs are
five (5) grams or more but less than ten (10) grams of opium,
morphine, heroin, cocaine or cocaine hydrochloride,
marijuana resin or marijuana resin oil, methamphetamine
hydrochloride or "shabu", or other dangerous drugs such as,
but not limited to, MDMA or "ecstasy", PMA, TMA, LSD, GHB,
and those similarly designed or newly introduced drugs and
their derivatives, without having any therapeutic value or if
the quantity possessed is far beyond therapeutic
requirements; or three hundred (300) grams or more but less
than five hundred (500) grams of marijuana; and
(3) Imprisonment of twelve (12) years and one (1) day to
twenty (20) years and a fine ranging from Three hundred
thousand pesos (P300,000.00) to Four hundred thousand
pesos (P400,000.00), if the quantities of dangerous drugs are
less than five (5) grams of opium, morphine, heroin, cocaine
or cocaine hydrochloride, marijuana resin or marijuana resin
oil, methamphetamine hydrochloride or "shabu", or other
dangerous drugs such as, but not limited to, MDMA or
"ecstasy", PMA, TMA, LSD, GHB, and those similarly designed
or newly introduced drugs and their derivatives, without
having any therapeutic value or if the quantity possessed is
far beyond therapeutic requirements; or less than three
hundred (300) grams of marijuana.
SECTION 12. Possession of Equipment, Instrument, Apparatus and
Other Paraphernalia for Dangerous Drugs . — The penalty of imprisonment
ranging from six (6) months and one (1) day to four (4) years and a fine
ranging from Ten thousand pesos (P10,000.00) to Fifty thousand pesos
(P50,000.00) shall be imposed upon any person, who, unless authorized by
law, shall possess or have under his/her control any equipment, instrument,
apparatus and other paraphernalia fit or intended for smoking, consuming,
administering, injecting, ingesting, or introducing any dangerous drug into
the body: Provided, That in the case of medical practitioners and various
professionals who are required to carry such equipment, instrument,
apparatus and other paraphernalia in the practice of their profession, the
Board shall prescribe the necessary implementing guidelines thereof. CAaEDH
The possession of such equipment, instrument, apparatus and other

paraphernalia fit or intended for any of the purposes enumerated in the
preceding paragraph shall be prima facie evidence that the possessor has
smoked, consumed, administered to himself/herself, injected, ingested or
used a dangerous drug and shall be presumed to have violated Section 15 of
this Act.
SECTION 13. Possession of Dangerous Drugs During Parties, Social
Gatherings or Meetings. — Any person found possessing any dangerous drug
during a party, or at a social gathering or meeting, or in the proximate
company of at least two (2) persons, shall suffer the maximum penalties
provided for in Section 11 of this Act, regardless of the quantity and purity of
such dangerous drugs.
SECTION 14. Possession of Equipment, Instrument, Apparatus and
Other Paraphernalia for Dangerous Drugs During Parties , Social Gatherings
or Meetings. — The maximum penalty provided for in Section 12 of this Act
shall be imposed upon any person, who shall possess or have under his/her
control any equipment, instrument, apparatus and other paraphernalia fit or
intended for smoking, consuming, administering, injecting, ingesting, or
introducing any dangerous drug into the body, during parties, social
gatherings or meetings, or in the proximate company of at least two (2)
persons.
SECTION 15. Use of Dangerous Drugs. — A person apprehended or
arrested, who is found to be positive for use of any dangerous drug, after a
confirmatory test, shall be imposed a penalty of a minimum of six (6) months
rehabilitation in a government center for the first offense, subject to the
provisions of Article VIII of this Act. If apprehended using any dangerous drug
for the second time, he/she shall suffer the penalty of imprisonment ranging
from six (6) years and one (1) day to twelve (12) years and a fine ranging
from Fifty thousand pesos (P50,000.00) to Two hundred thousand pesos
(P200,000.00): Provided, That this Section shall not be applicable where the
person tested is also found to have in his/her possession such quantity of
any dangerous drug provided for under Section 11 of this Act, in which case
the provisions stated therein shall apply.
SECTION 16. Cultivation or Culture of Plants Classified as
Dangerous Drugs or are Sources Thereof. — The penalty of life imprisonment
to death and a fine ranging from Five hundred thousand pesos (P500,000.00)
to Ten million pesos (P10,000,000.00) shall be imposed upon any person,
who shall plant, cultivate or culture marijuana, opium poppy or any other
plant regardless of quantity, which is or may hereafter be classified as a
dangerous drug or as a source from which any dangerous drug may be
manufactured or derived: Provided, That in the case of medical laboratories
and medical research centers which cultivate or culture marijuana, opium
poppy and other plants, or materials of such dangerous drugs for medical
experiments and research purposes, or for the creation of new types of
medicine, the Board shall prescribe the necessary implementing guidelines
for the proper cultivation, culture, handling, experimentation and disposal of
such plants and materials.
The land or portions thereof and/or greenhouses on which any of said
plants is cultivated or cultured shall be confiscated and escheated in favor of
the State, unless the owner thereof can prove lack of knowledge of such
cultivation or culture despite the exercise of due diligence on his/her part. If
the land involved is part of the public domain, the maximum penalty
provided for under this Section shall be imposed upon the offender.
SECTION 17. Maintenance and Keeping of Original Records of
Transactions on Dangerous Drugs and/or Controlled Precursors and Essential
Chemicals. — The penalty of imprisonment ranging from one (1) year and
one (1) day to six (6) years and a fine ranging from Ten thousand pesos
(P10,000.00) to Fifty thousand pesos (P50,000.00) shall be imposed upon
any practitioner, manufacturer, wholesaler, importer, distributor, dealer or
retailer who violates or fails to comply with the maintenance and keeping of
the original records of transactions on any dangerous drug and/or controlled
precursor and essential chemical in accordance with Section 40 of this Act.
An additional penalty shall be imposed through the revocation of the
license to practice his/her profession, in case of a practitioner, or of the
business, in case of a manufacturer, seller, importer, distributor, dealer or
retailer.
SECTION 18. Unnecessary Prescription of Dangerous Drugs. — The
penalty of imprisonment ranging from twelve (12) years and one (1) day to
twenty (20) years and a fine ranging from One hundred thousand pesos
(P100,000.00) to Five hundred thousand pesos (P500,000.00) and the
additional penalty of the revocation of his/her license to practice shall be
imposed upon the practitioner, who shall prescribe any dangerous drug to
any person whose physical or physiological condition does not require the
use or in the dosage prescribed therein, as determined by the Board in
consultation with recognized competent experts who are authorized
representatives of professional organizations of practitioners, particularly
those who are involved in the care of persons with severe pain. aCTHDA
SECTION 19. Unlawful Prescription of Dangerous Drugs. — The

penalty of life imprisonment to death and a fine ranging from Five hundred
thousand pesos (P500,000.00) to Ten million pesos (P10,000,000.00) shall
be imposed upon any person, who, unless authorized by law, shall make or
issue a prescription or any other writing purporting to be a prescription for
any dangerous drug.
SECTION 20. Confiscation and Forfeiture of the Proceeds or
Instruments of the Unlawful Act, Including the Properties or Proceeds Derived
from the Illegal Trafficking of Dangerous Drugs and/or Precursors and
Essential Chemicals. — Every penalty imposed for the unlawful importation,
sale, trading, administration, dispensation, delivery, distribution,
transportation or manufacture of any dangerous drug and/or controlled
precursor and essential chemical, the cultivation or culture of plants which
are sources of dangerous drugs, and the possession of any equipment,
instrument, apparatus and other paraphernalia for dangerous drugs
including other laboratory equipment, shall carry with it the confiscation and
forfeiture, in favor of the government, of all the proceeds and properties
derived from the unlawful act, including, but not limited to, money and other
assets obtained thereby, and the instruments or tools with which the
particular unlawful act was committed, unless they are the property of a
third person not liable for the unlawful act, but those which are not of lawful
commerce shall be ordered destroyed without delay pursuant to the
provisions of Section 21 of this Act.
After conviction in the Regional Trial Court in the appropriate criminal
case filed, the Court shall immediately schedule a hearing for the
confiscation and forfeiture of all the proceeds of the offense and all the
assets and properties of the accused either owned or held by him or in the
name of some other persons if the same shall be found to be manifestly out
of proportion to his/her lawful income: Provided, however, That if the
forfeited property is a vehicle, the same shall be auctioned off not later than
five (5) days upon order of confiscation or forfeiture.
During the pendency of the case in the Regional Trial Court, no
property, or income derived therefrom, which may be confiscated and
forfeited, shall be disposed, alienated or transferred and the same shall be in
custodia legis and no bond shall be admitted for the release of the same.
The proceeds of any sale or disposition of any property confiscated or
forfeited under this Section shall be used to pay all proper expenses incurred
in the proceedings for the confiscation, forfeiture, custody and maintenance
of the property pending disposition, as well as expenses for publication and
court costs. The proceeds in excess of the above expenses shall accrue to
the Board to be used in its campaign against illegal drugs. TCacIA
SECTION 21. Custody and Disposition of Confiscated, Seized, and/or

Surrendered Dangerous Drugs, Plant Sources of Dangerous Drugs, Controlled
Precursors and Essential Chemicals, Instruments/Paraphernalia and/or
Laboratory Equipment. — The PDEA shall take charge and have custody of
all dangerous drugs, plant sources of dangerous drugs, controlled precursors
and essential chemicals, as well as instruments/paraphernalia and/or
laboratory equipment so confiscated, seized and/or surrendered, for proper
disposition in the following manner:
(1) The apprehending team having initial custody and control of

the drugs shall, immediately after seizure and confiscation,
physically inventory and photograph the same in the
presence of the accused or the person/s from whom such
items were confiscated and/or seized, or his/her
representative or counsel, a representative from the media
and the Department of Justice (DOJ), and any elected public
official who shall be required to sign the copies of the
inventory and be given a copy thereof;
(2) Within twenty-four (24) hours upon confiscation/seizure of

dangerous drugs, plant sources of dangerous drugs,
controlled precursors and essential chemicals, as well as
instruments/paraphernalia and/or laboratory equipment, the
same shall be submitted to the PDEA Forensic Laboratory for
a qualitative and quantitative examination;
(3) A certification of the forensic laboratory examination

results, which shall be done under oath by the forensic
laboratory examiner, shall be issued within twenty-four (24)
hours after the receipt of the subject item/s: Provided, That
when the volume of the dangerous drugs, plant sources of
dangerous drugs, and controlled precursors and essential
chemicals does not allow the completion of testing within the
time frame, a partial laboratory examination report shall be
provisionally issued stating therein the quantities of
dangerous drugs still to be examined by the forensic
laboratory: Provided, however, That a final certification shall
be issued on the completed forensic laboratory examination
on the same within the next twenty-four (24) hours;
(4) After the filing of the criminal case, the Court shall, within
seventy-two (72) hours, conduct an ocular inspection of the
confiscated, seized and/or surrendered dangerous drugs,
plant sources of dangerous drugs, and controlled precursors
and essential chemicals, including the
instruments/paraphernalia and/or laboratory equipment, and
through the PDEA shall within twenty-four (24) hours
thereafter proceed with the destruction or burning of the
same, in the presence of the accused or the person/s from
whom such items were confiscated and/or seized, or his/her
representative or counsel, a representative from the media
and the DOJ, civil society groups and any elected public
official. The Board shall draw up the guidelines on the
manner of proper disposition and destruction of such item/s
which shall be borne by the offender: Provided, That those
item/s of lawful commerce, as determined by the Board, shall
be donated, used or recycled for legitimate purposes:
Provided, further, That a representative sample, duly
weighed and recorded is retained;
(5) The Board shall then issue a sworn certification as to the

fact of destruction or burning of the subject item/s which,
together with the representative sample/s in the custody of
the PDEA, shall be submitted to the court having jurisdiction
over the case. In all instances, the representative sample/s
shall be kept to a minimum quantity as determined by the
Board;
(6) The alleged offender or his/her representative or counsel
shall be allowed to personally observe all of the above
proceedings and his/her presence shall not constitute an
admission of guilt. In case the said offender or accused
refuses or fails to appoint a representative after due notice in
writing to the accused or his/her counsel within seventy-two
(72) hours before the actual burning or destruction of the
evidence in question, the Secretary of Justice shall appoint a
member of the public attorney's office to represent the
former;
(7) After the promulgation and judgment in the criminal case

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

the effectivity of this Act, dangerous drugs defined herein
which are presently in possession of law enforcement
agencies shall, with leave of court, be burned or destroyed, in
the presence of representatives of the Court, DOJ,
Department of Health (DOH) and the accused and/or his/her
counsel, and, b) Pending the organization of the PDEA, the
custody, disposition, and burning or destruction of
seized/surrendered dangerous drugs provided under this
Section shall be implemented by the DOH.
SECTION 22. Grant of Compensation, Reward and Award . — The

Board shall recommend to the concerned government agency the grant of
compensation, reward and award to any person providing information and to
law enforcers participating in the operation, which results in the successful
confiscation, seizure or surrender of dangerous drugs, plant sources of
dangerous drugs, and controlled precursors and essential chemicals.
SECTION 23. Plea-Bargaining Provision . — Any person charged
under any provision of this Act regardless of the imposable penalty shall not
be allowed to avail of the provision on plea-bargaining.
SECTION 24. Non-Applicability of the Probation Law for Drug
Traffickers and Pushers . — Any person convicted for drug trafficking or
pushing under this Act, regardless of the penalty imposed by the Court,
cannot avail of the privilege granted by the Probation Law or Presidential
Decree No. 968, as amended.
SECTION 25. Qualifying Aggravating Circumstances in the
Commission of a Crime by an Offender Under the Influence of Dangerous
Drugs. — Notwithstanding the provisions of any law to the contrary, a
positive finding for the use of dangerous drugs shall be a qualifying
aggravating circumstance in the commission of a crime by an offender, and
the application of the penalty provided for in the Revised Penal Code shall be
applicable.
SECTION 26. Attempt or Conspiracy. — Any attempt or conspiracy
to commit the following unlawful acts shall be penalized by the same penalty
prescribed for the commission of the same as provided under this Act:
(a) Importation of any dangerous drug and/or controlled

precursor and essential chemical;
(b) Sale, trading, administration, dispensation, delivery,

distribution and transportation of any dangerous drug and/or
controlled precursor and essential chemical;
(c) Maintenance of a den, dive or resort where any dangerous

drug is used in any form;
(d) Manufacture of any dangerous drug and/or controlled

precursor and essential chemical; and
(e) Cultivation or culture of plants which are sources of

dangerous drugs.
SECTION 27. Criminal Liability of a Public Officer or Employee for

Misappropriation, Misapplication or Failure to Account for the Confiscated,
Seized and/or Surrendered Dangerous Drugs, Plant Sources of Dangerous
Drugs, Controlled Precursors and Essential Chemicals,
Instruments/Paraphernalia and/or Laboratory Equipment Including the
Proceeds or Properties Obtained from the Unlawful Act Committed. — The
penalty of life imprisonment to death and a fine ranging from Five hundred
thousand pesos (P500,000.00) to Ten million pesos (P10,000,000.00), in
addition to absolute perpetual disqualification from any public office, shall be
imposed upon any public officer or employee who misappropriates,
misapplies or fails to account for confiscated, seized or surrendered
dangerous drugs, plant sources of dangerous drugs, controlled precursors
and essential chemicals, instruments/paraphernalia and/or laboratory
equipment including the proceeds or properties obtained from the unlawful
acts as provided for in this Act.
Any elective local or national official found to have benefited from the
proceeds of the trafficking of dangerous drugs as prescribed in this Act, or
have received any financial or material contributions or donations from
natural or juridical persons found guilty of trafficking dangerous drugs as
prescribed in this Act, shall be removed from office and perpetually
disqualified from holding any elective or appointive positions in the
government, its divisions, subdivisions, and intermediaries, including
government-owned or -controlled corporations. HACaSc
SECTION 28. Criminal Liability of Government Officials and

Employees. — The maximum penalties of the unlawful acts provided for in
this Act shall be imposed, in addition to absolute perpetual disqualification
from any public office, if those found guilty of such unlawful acts are
government officials and employees.
SECTION 29. Criminal Liability for Planting of Evidence. — Any
person who is found guilty of "planting" any dangerous drug and/or
controlled precursor and essential chemical, regardless of quantity and
purity, shall suffer the penalty of death.
SECTION 30. Criminal Liability of Officers of Partnerships,
Corporations, Associations or Other Juridical Entities. — In case any violation
of this Act is committed by a partnership, corporation, association or any
juridical entity, the partner, president, director, manager, trustee, estate
administrator, or officer who consents to or knowingly tolerates such
violation shall be held criminally liable as a co-principal.
The penalty provided for the offense under this Act shall be imposed
upon the partner, president, director, manager, trustee, estate
administrator, or officer who knowingly authorizes, tolerates or consents to
the use of a vehicle, vessel, aircraft, equipment or other facility, as an
instrument in the importation, sale, trading, administration, dispensation,
delivery, distribution, transportation or manufacture of dangerous drugs, or
chemical diversion, if such vehicle, vessel, aircraft, equipment or other
instrument is owned by or under the control or supervision of the
partnership, corporation, association or juridical entity to which they are
affiliated.
SECTION 31. Additional Penalty if Offender is an Alien. — In addition
to the penalties prescribed in the unlawful act committed, any alien who
violates such provisions of this Act shall, after service of sentence, be
deported immediately without further proceedings, unless the penalty is
death.
SECTION 32. Liability to a Person Violating Any Regulation Issued by
the Board. — The penalty of imprisonment ranging from six (6) months and
one (1) day to four (4) years and a fine ranging from Ten thousand pesos
(P10,000.00) to Fifty thousand pesos (P50,000.00) shall be imposed upon
any person found violating any regulation duly issued by the Board pursuant
to this Act, in addition to the administrative sanctions imposed by the Board.
SECTION 33. Immunity from Prosecution and Punishment. —
Notwithstanding the provisions of Section 17, Rule 119 of the Revised Rules
of Criminal Procedure and the provisions of Republic Act No. 6981 or the
Witness Protection, Security and Benefit Act of 1991, any person who has
violated Sections 7, 11, 12, 14, 15, and 19, Article II of this Act, who
voluntarily gives information about any violation of Sections 4, 5, 6, 8, 10,
13, and 16, Article II of this Act as well as any violation of the offenses
mentioned if committed by a drug syndicate, or any information leading to
the whereabouts, identities and arrest of all or any of the members thereof;
and who willingly testifies against such persons as described above, shall be
exempted from prosecution or punishment for the offense with reference to
which his/her information of testimony were given, and may plead or prove
the giving of such information and testimony in bar of such prosecution:
Provided, That the following conditions concur:
(1) The information and testimony are necessary for the
conviction of the persons described above;
(2) Such information and testimony are not yet in the

possession of the State;
(3) Such information and testimony can be corroborated on its
material points;
(4) The informant or witness has not been previously convicted

of a crime involving moral turpitude, except when there is no
other direct evidence available for the State other than the
information and testimony of said informant or witness; and
(5) The informant or witness shall strictly and faithfully comply

without delay, any condition or undertaking, reduced into
writing, lawfully imposed by the State as further
consideration for the grant of immunity from prosecution and
punishment.
Provided, further, That this immunity may be enjoyed by such informant or
witness who does not appear to be most guilty for the offense with reference
to which his/her information or testimony were given: Provided, finally, That
there is no direct evidence available for the State except for the information
and testimony of the said informant or witness.
SECTION 34. Termination of the Grant of Immunity . — The immunity
granted to the informant or witness, as prescribed in Section 33 of this Act,
shall not attach should it turn out subsequently that the information and/or
testimony is false, malicious or made only for the purpose of harassing,
molesting or in any way prejudicing the persons described in the preceding
Section against whom such information or testimony is directed against. In
such case, the informant or witness shall be subject to prosecution and the
enjoyment of all rights and benefits previously accorded him under this Act
or any other law, decree or order shall be deemed terminated.
In case an informant or witness under this Act fails or refuses to testify
without just cause, and when lawfully obliged to do so, or should he/she
violate any condition accompanying such immunity as provided above,
his/her immunity shall be removed and he/she shall likewise be subject to
contempt and/or criminal prosecution, as the case may be, and the
enjoyment of all rights and benefits previously accorded him under this Act
or in any other law, decree or order shall be deemed terminated.
In case the informant or witness referred to under this Act falls under
the applicability of this Section hereof, such individual cannot avail of the
provisions under Article VIII of this Act.
SECTION 35. Accessory Penalties. — A person convicted under this
Act shall be disqualified to exercise his/her civil rights such as but not limited
to, the rights of parental authority or guardianship, either as to the person or
property of any ward, the rights to dispose of such property by any act or
any conveyance inter vivos, and political rights such as but not limited to,
the right to vote and be voted for. Such rights shall also be suspended
during the pendency of an appeal from such conviction.
ARTICLE III
Dangerous Drugs Test and Record Requirements
SECTION 36. Authorized Drug Testing . — Authorized drug testing
shall be done by any government forensic laboratories or by any of the drug
testing laboratories accredited and monitored by the DOH to safeguard the
quality of test results. The DOH shall take steps in setting the price of the
drug test with DOH accredited drug testing centers to further reduce the cost
of such drug test. The drug testing shall employ, among others, two (2)
testing methods, the screening test which will determine the positive result
as well as the type of the drug used and the confirmatory test which will
confirm a positive screening test. Drug test certificates issued by accredited
drug testing centers shall be valid for a one-year period from the date of
issue which may be used for other purposes. The following shall be
subjected to undergo drug testing:
(a) Applicants for driver's license. — No driver's license shall be
issued or renewed to any person unless he/she presents a
certification that he/she has undergone a mandatory drug
test and indicating thereon that he/she is free from the use of
dangerous drugs;
(b) Applicants for firearm's license and for permit to carry
firearms outside of residence. — All applicants for firearm's
license and permit to carry firearms outside of residence shall
undergo a mandatory drug test to ensure that they are free
from the use of dangerous drugs: Provided, That all persons
who by the nature of their profession carry firearms shall
undergo drug testing;
(c) Students of secondary and tertiary schools. — Students of

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

Officers and employees of public and private offices, whether
domestic or overseas, shall be subjected to undergo a
random drug test as contained in the company's work rules
and regulations, which shall be borne by the employer, for
purposes of reducing the risk in the workplace. Any officer or
employee found positive for use of dangerous drugs shall be
dealt with administratively which shall be a ground for
suspension or termination, subject to the provisions of Article
282 of the Labor Code and pertinent provisions of the Civil
Service Law;
(e) Officers and members of the military, police and other law
enforcement agencies. — Officers and members of the
military, police and other law enforcement agencies shall
undergo an annual mandatory drug test;
(f) All persons charged before the prosecutor's office with a

criminal offense having an imposable penalty of
imprisonment of not less than six (6) years and one (1) day
shall have to undergo a mandatory drug test; and
(g) All candidates for public office whether appointed or elected
both in the national or local government shall undergo a
mandatory drug test.
In addition to the above stated penalties in this Section, those found to

be positive for dangerous drugs use shall be subject to the provisions of
Section 15 of this Act.
SECTION 37. Issuance of False or Fraudulent Drug Test Results . —
Any person authorized, licensed or accredited under this Act and its
implementing rules to conduct drug examination or test, who issues false or
fraudulent drug test results knowingly, willfully or through gross negligence,
shall suffer the penalty of imprisonment ranging from six (6) years and one
(1) day to twelve (12) years and a fine ranging from One hundred thousand
pesos (P100,000.00) to Five hundred thousand pesos (P500,000.00).
An additional penalty shall be imposed through the revocation of the
license to practice his/her profession in case of a practitioner, and the
closure of the drug testing center.
SECTION 38. Laboratory Examination or Test on
Apprehended/Arrested Offenders. — Subject to Section 15 of this Act, any
person apprehended or arrested for violating the provisions of this Act shall
be subjected to screening laboratory examination or test within twenty-four
(24) hours, if the apprehending or arresting officer has reasonable ground to
believe that the person apprehended or arrested, on account of physical
signs or symptoms or other visible or outward manifestation, is under the
influence of dangerous drugs. If found to be positive, the results of the
screening laboratory examination or test shall be challenged within fifteen
(15) days after receipt of the result through a confirmatory test conducted in
any accredited analytical laboratory equipment with a gas
chromatograph/mass spectrometry equipment or some such modern and
accepted method, if confirmed the same shall be prima facie evidence that
such person has used dangerous drugs, which is without prejudice for the
prosecution for other violations of the provisions of this Act: Provided, That a
positive screening laboratory test must be confirmed for it to be valid in a
court of law.

SECTION 39. Accreditation of Drug Testing Centers and Physicians .
— The DOH shall be tasked to license and accredit drug testing centers in
each province and city in order to assure their capacity, competence,
integrity and stability to conduct the laboratory examinations and tests
provided in this Article, and appoint such technical and other personnel as
may be necessary for the effective implementation of this provision. The
DOH shall also accredit physicians who shall conduct the drug dependency
examination of a drug dependent as well as the after-care and follow-up
program for the said drug dependent. There shall be a control regulations,
licensing and accreditation division under the supervision of the DOH for this
purpose.
For this purpose, the DOH shall establish, operate and maintain drug
testing centers in government hospitals, which must be provided at least
with basic technologically advanced equipment and materials, in order to
conduct the laboratory examination and tests herein provided, and appoint
such qualified and duly trained technical and other personnel as may be
necessary for the effective implementation of this provision.
SECTION 40. Records Required for Transactions on Dangerous
Drugs and Precursors and Essential Chemicals. —
a) Every pharmacist dealing in dangerous drugs and/or controlled
precursors and essential chemicals shall maintain and keep an original
record of sales, purchases, acquisitions and deliveries of dangerous drugs,
indicating therein the following information:
(1) License number and address of the pharmacist;
(2) Name, address and license of the manufacturer, importer or

wholesaler from whom the dangerous drugs have been
purchased;
(3) Quantity and name of the dangerous drugs purchased or

acquired;
(4) Date of acquisition or purchase;
(5) Name, address and community tax certificate number of the

buyer;
(6) Serial number of the prescription and the name of the

physician, dentist, veterinarian or practitioner issuing the
same;
(7) Quantity and name of the dangerous drugs sold or

delivered; and
(8) Date of sale or delivery.
A certified true copy of such record covering a period of six (6) months,
duly signed by the pharmacist or the owner of the drugstore, pharmacy or
chemical establishment, shall be forwarded to the Board within fifteen (15)
days following the last day of June and December of each year, with a copy
thereof furnished the city or municipal health officer concerned.
(b) A physician, dentist, veterinarian or practitioner authorized to
prescribe any dangerous drug shall issue the prescription therefor in one (1)
original and two (2) duplicate copies. The original, after the prescription has
been filled, shall be retained by the pharmacist for a period of one (1) year
from the date of sale or delivery of such drug. One (1) copy shall be retained
by the buyer or by the person to whom the drug is delivered until such drug
is consumed, while the second copy shall be retained by the person issuing
the prescription.
For purposes of this Act, all prescriptions issued by physicians, dentists,
veterinarians or practitioners shall be written on forms exclusively issued by
and obtainable from the DOH. Such forms shall be made of a special kind of
paper and shall be distributed in such quantities and contain such
information and other data as the DOH may, by rules and regulations,
require. Such forms shall only be issued by the DOH through its authorized
employees to licensed physicians, dentists, veterinarians and practitioners in
such quantities as the Board may authorize. In emergency cases, however,
as the Board may specify in the public interest, a prescription need not be
accomplished on such forms. The prescribing physician, dentist, veterinarian
or practitioner shall, within three (3) days after issuing such prescription,
inform the DOH of the same in writing. No prescription once served by the
drugstore or pharmacy be reused nor any prescription once issued be
refilled.
(c) All manufacturers, wholesalers, distributors, importers, dealers
and retailers of dangerous drugs and/or controlled precursors and essential
chemicals shall keep a record of all inventories, sales, purchases,
acquisitions and deliveries of the same as well as the names, addresses and
licenses of the persons from whom such items were purchased or acquired
or to whom such items were sold or delivered, the name and quantity of the
same and the date of the transactions. Such records may be subjected
anytime for review by the Board.
ARTICLE IV
Participation of the Family, Students, Teachers and School Authorities in the
Enforcement of this Act
SECTION 41. Involvement of the Family . — The family being the
basic unit of the Filipino society shall be primarily responsible for the
education and awareness of the members of the family on the ill effects of
dangerous drugs and close monitoring of family members who may be
susceptible to drug abuse.
SECTION 42. Student Councils and Campus Organizations. — All
elementary, secondary and tertiary schools' student councils and campus
organizations shall include in their activities a program for the prevention of
and deterrence in the use of dangerous drugs, and referral for treatment and
rehabilitation of students for drug dependence.

SECTION 43. School Curricula. — Instruction on drug abuse
prevention and control shall be integrated in the elementary, secondary and
tertiary curricula of all public and private schools, whether general, technical,
vocational or agro-industrial as well as in non-formal, informal and
indigenous learning systems. Such instructions shall include:
(1) Adverse effects of the abuse and misuse of dangerous
drugs on the person, the family, the school and the
community;
(2) Preventive measures against drug abuse;
(3) Health, socio-cultural, psychological, legal and economic

dimensions and implications of the drug problem;
(4) Steps to take when intervention on behalf of a drug

dependent is needed, as well as the services available for the
treatment and rehabilitation of drug dependents; and
(5) Misconceptions about the use of dangerous drugs such as,

but not limited to, the importance and safety of dangerous
drugs for medical and therapeutic use as well as the
differentiation between medical patients and drug
dependents in order to avoid confusion and accidental
stigmatization in the consciousness of the students.
SECTION 44. Heads, Supervisors, and Teachers of Schools . — For

the purpose of enforcing the provisions of Article II of this Act, all school
heads, supervisors and teachers shall be deemed persons in authority and,
as such, are hereby empowered to apprehend, arrest or cause the
apprehension or arrest of any person who shall violate any of the said
provisions, pursuant to Section 5, Rule 113 of the Rules of Court. They shall
be deemed persons in authority if they are in the school or within its
immediate vicinity, or even beyond such immediate vicinity if they are in
attendance at any school or class function in their official capacity as school
heads, supervisors, and teachers.
Any teacher or school employee, who discovers or finds that any
person in the school or within its immediate vicinity is liable for violating any
of said provisions, shall have the duty to report the same to the school head
or immediate superior who shall, in turn, report the matter to the proper
authorities.
Failure to do so in either case, within a reasonable period from the
time of discovery of the violation shall, after due hearing, constitute
sufficient cause for disciplinary action by the school authorities. cSHATC
SECTION 45. Publication and Distribution of Materials on Dangerous

Drugs. — With the assistance of the Board, the Secretary of the Department
of Education (DepEd), the Chairman of the Commission on Higher Education
(CHED) and the Director-General of the Technical Education and Skills
Development Authority (TESDA) shall cause the development, publication
and distribution of information and support educational materials on
dangerous drugs to the students, the faculty, the parents, and the
community.
SECTION 46. Special Drug Education Center. — With the assistance
of the Board, the Department of the Interior and Local Government (DILG),
the National Youth Commission (NYC), and the Department of Social Welfare
and Development (DSWD) shall establish in each of its provincial office a
special education drug center for out-of-school youth and street children.
Such Center which shall be headed by the Provincial Social Welfare
Development Officer shall sponsor drug prevention programs and activities
and information campaigns with the end in view of educating the out-of-
school youth and street children regarding the pernicious effects of drug
abuse. The programs initiated by the Center shall likewise be adopted in all
public and private orphanage and existing special centers for street children.
ARTICLE V
Promotion of a National Drug-Free Workplace Program with the Participation
of Private and Labor Sectors and the Department of Labor and Employment
SECTION 47. Drug-Free Workplace . — It is deemed a policy of the
State to promote drug-free workplaces using a tripartite approach. With the
assistance of the Board, the Department of Labor and Employment (DOLE)
shall develop, promote and implement a national drug abuse prevention
program in the workplace to be adopted by private companies with ten (10)
or more employees. Such program shall include the mandatory drafting and
adoption of company policies against drug use in the workplace in close
consultation and coordination with the DOLE, labor and employer
organizations, human resource development managers and other such
private sector organizations.
SECTION 48. Guidelines for the National Drug-Free Workplace
Program. — The Board and the DOLE shall formulate the necessary
guidelines for the implementation of the national drug-free workplace
program. The amount necessary for the implementation of which shall be
included in the annual General Appropriations Act.
ARTICLE VI
Participation of the Private and Labor Sectors in the Enforcement of this Act
SECTION 49. Labor Organizations and the Private Sector. — All labor
unions, federations, associations, or organizations in cooperation with the
respective private sector partners shall include in their collective bargaining
or any similar agreements, joint continuing programs and information
campaigns for the laborers similar to the programs provided under Section
47 of this Act with the end in view of achieving a drug free workplace.
SECTION 50. Government Assistance. — The labor sector and the
respective partners may, in pursuit of the programs mentioned in the
preceding Section, secure the technical assistance, such as but not limited
to, seminars and information dissemination campaigns of the appropriate
government and law enforcement agencies.
ARTICLE VII
Participation of Local Government Units
SECTION 51. Local Government Units' Assistance. — Local
government units shall appropriate a substantial portion of their respective
annual budgets to assist in or enhance the enforcement of this Act giving
priority to preventive or educational programs and the rehabilitation or
treatment of drug dependents.
SECTION 52. Abatement of Drug Related Public Nuisances. — Any
place or premises which have been used on two or more occasions as the
site of the unlawful sale or delivery of dangerous drugs may be declared to
be a public nuisance, and such nuisance may be abated, pursuant to the
following procedures:
(1) Any city or municipality may, by ordinance, create an

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

evidence, including evidence of the general reputation of the
place or premises, and at which the owner of the premises
shall have an opportunity to present evidence in his/her
defense, the Board may declare the place or premises to be a
public nuisance.
SECTION 53. Effect of Board Declaration. — If the Board declares a

place or premises to be a public nuisance, it may declare an order
immediately prohibiting the conduct, operation, or maintenance of any
business or activity on the premises which is conducive to such nuisance.
An order entered under this Section shall expire after one (1) year or at
such earlier time as stated in the order. The Board may bring a complaint
seeking a permanent injunction against any nuisance described under this
Section.
This Article does not restrict the right of any person to proceed under
the Civil Code against any public nuisance.
ARTICLE VIII
Program for Treatment and Rehabilitation of Drug Dependents
SECTION 54. Voluntary Submission of a Drug Dependent to
Confinement, Treatment and Rehabilitation . — A drug dependent or any
person who violates Section 15 of this Act may, by himself/herself or through
his/her parent, spouse, guardian or relative within the fourth degree of
consanguinity or affinity, apply to the Board or its duly recognized
representative, for treatment and rehabilitation of the drug dependency.
Upon such application, the Board shall bring forth the matter to the Court
which shall order that the applicant be examined for drug dependency. If the
examination by a DOH-accredited physician results in the issuance of a
certification that the applicant is a drug dependent, he/she shall be ordered
by the Court to undergo treatment and rehabilitation in a Center designated
by the Board for a period of not less than six (6) months: Provided, That a
drug dependent may be placed under the care of a DOH-accredited
physician where there is no Center near or accessible to the residence of the
drug dependent or where said drug dependent is below eighteen (18) years
of age and is a first-time offender and non-confinement in a Center will not
pose a serious danger to his/her family or the community.
Confinement in a Center for treatment and rehabilitation shall not
exceed one (1) year, after which time the Court, as well as the Board, shall
be apprised by the head of the treatment and rehabilitation center of the
status of said drug dependent and determine whether further confinement
will be for the welfare of the drug dependent and his/her family or the
community.
SECTION 55. Exemption from the Criminal Liability Under the
Voluntary Submission Program . — A drug dependent under the voluntary
submission program, who is finally discharged from confinement, shall be
exempt from the criminal liability under Section 15 of this Act subject to the
following conditions:
(1) He/she has complied with the rules and regulations of the
Center, the applicable rules and regulations of the Board,
including the after-care and follow-up program for at least
eighteen (18) months following temporary discharge from
confinement in the Center or, in the case of a dependent
placed under the care of the DOH-accredited physician, the
after-care program and follow-up schedule formulated by the
DSWD and approved by the Board: Provided, That capability-
building of local government social workers shall be
undertaken by the DSWD;
(2) He/she has never been charged or convicted of any offense

punishable under this Act, the Dangerous Drugs Act of 1972
or Republic Act No. 6425, as amended; the Revised Penal
Code, as amended; or any special penal laws;
(3) He/she has no record of escape from a Center: Provided,

That had he/she escaped, he/she surrendered by
himself/herself or through his/her parent, spouse, guardian or
relative within the fourth degree of consanguinity or affinity,
within one (1) week from the date of the said escape; and
(4) He/she poses no serious danger to himself/herself, his/her

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

certified to be rehabilitated, he/she may be discharged by the Court, subject
to the provisions of Section 55 of this Act, without prejudice to the outcome
of any pending case filed in court.
However, should the DOH find that during the initial after-care and
follow-up program of eighteen (18) months, the drug dependent requires
further treatment and rehabilitation in the Center, he/she shall be
recommitted to the Center for confinement. Thereafter, he/she may again be
certified for temporary release and ordered released for another after-care
and follow-up program pursuant to this Section.
SECTION 57. Probation and Community Service Under the Voluntary
Submission Program. — A drug dependent who is discharged as rehabilitated
by the DOH-accredited Center through the voluntary submission program,
but does not qualify for exemption from criminal liability under Section 55 of
this Act, may be charged under the provisions of this Act, but shall be placed
on probation and undergo a community service in lieu of imprisonment
and/or fine in the discretion of the court, without prejudice to the outcome of
any pending case filed in court.
Such drug dependent shall undergo community service as part of
his/her after-care and follow-up program, which may be done in coordination
with nongovernmental civic organizations accredited by the DSWD, with the
recommendation of the Board.
SECTION 58. Filing of Charges Against a Drug Dependent Who is
Not Rehabilitated Under the Voluntary Submission Program . — A drug
dependent, who is not rehabilitated after the second commitment to the
Center under the voluntary submission program, shall, upon
recommendation of the Board, be charged for violation of Section 15 of this
Act and prosecuted like any other offender. If convicted, he/she shall be
credited for the period of confinement and rehabilitation in the Center in the
service of his/her sentence.
SECTION 59. Escape and Recommitment for Confinement and
Rehabilitation Under the Voluntary Submission Program . — Should a drug
dependent under the voluntary submission program escape from the Center,
he/she may submit himself/herself for recommitment within one (1) week
therefrom, or his/her parent, spouse, guardian or relative within the fourth
degree of consanguinity or affinity may, within said period, surrender him for
recommitment, in which case the corresponding order shall be issued by the
Board.

Should the escapee fail to submit himself/herself or be surrendered
after one (1) week, the Board shall apply to the court for a recommitment
order upon proof of previous commitment or his/her voluntary submission by
the Board, the court may issue an order for recommitment within one (1)
week.
If, subsequent to a recommitment, the dependent once again escapes
from confinement, he/she shall be charged for violation of Section 15 of this
Act and be subjected under Section 61 of this Act, either upon order of the
Board or upon order of the court, as the case may be.
SECTION 60. Confidentiality of Records Under the Voluntary
Submission Program. — Judicial and medical records of drug dependents
under the voluntary submission program shall be confidential and shall not
be used against him for any purpose, except to determine how many times,
by himself/herself or through his/her parent, spouse, guardian or relative
within the fourth degree of consanguinity or affinity, he/she voluntarily
submitted himself/herself for confinement, treatment and rehabilitation or
has been committed to a Center under this program.
SECTION 61. Compulsory Confinement of a Drug Dependent Who
Refuses to Apply Under the Voluntary Submission Program . —
Notwithstanding any law, rule and regulation to the contrary, any person
determined and found to be dependent on dangerous drugs shall, upon
petition by the Board or any of its authorized representative, be confined for
treatment and rehabilitation in any Center duly designated or accredited for
the purpose.
A petition for the confinement of a person alleged to be dependent on
dangerous drugs to a Center may be filed by any person authorized by the
Board with the Regional Trial Court of the province or city where such person
is found.
After the petition is filed, the court, by an order, shall immediately fix a
date for the hearing, and a copy of such order shall be served on the person
alleged to be dependent on dangerous drugs, and to the one having charge
of him.
If after such hearing and the facts so warrant, the court shall order the
drug dependent to be examined by two (2) physicians accredited by the
Board. If both physicians conclude that the respondent is not a drug
dependent, the court shall order his/her discharge. If either physician finds
him to be a dependent, the court shall conduct a hearing and consider all
relevant evidence which may be offered. If the court finds him a drug
dependent, it shall issue an order for his/her commitment to a treatment and
rehabilitation center under the supervision of the DOH. In any event, the
order of discharge or order of confinement or commitment shall be issued
not later than fifteen (15) days from the filing of the appropriate petition.
SECTION 62. Compulsory Submission of a Drug Dependent Charged
with an Offense to Treatment and Rehabilitation . — If a person charged with
an offense where the imposable penalty is imprisonment of less than six (6)
years and one (1) day, and is found by the prosecutor or by the court, at any
stage of the proceedings, to be a drug dependent, the prosecutor or the
court as the case may be, shall suspend all further proceedings and transmit
copies of the record of the case to the Board.
In the event the Board determines, after medical examination, that
public interest requires that such drug dependent be committed to a center
for treatment and rehabilitation, it shall file a petition for his/her
commitment with the regional trial court of the province or city where he/she
is being investigated or tried: Provided, That where a criminal case is
pending in court, such petition shall be filed in the said court. The court shall
take judicial notice of the prior proceedings in the case and shall proceed to
hear the petition. If the court finds him to be a drug dependent, it shall order
his/her commitment to a Center for treatment and rehabilitation. The head
of said Center shall submit to the court every four (4) months, or as often as
the court may require, a written report on the progress of the treatment. If
the dependent is rehabilitated, as certified by the Center and the Board,
he/she shall be returned to the court, which committed him, for his/her
discharge therefrom.
Thereafter, his/her prosecution for any offense punishable by law shall
be instituted or shall continue, as the case may be. In case of conviction, the
judgment shall, if the accused is certified by the treatment and rehabilitation
center to have maintained good behavior, indicate that he/she shall be given
full credit for the period he/she was confined in the Center: Provided,
however, That when the offense is for violation of Section 15 of this Act and
the accused is not a recidivist, the penalty thereof shall be deemed to have
been served in the Center upon his/her release therefrom after certification
by the Center and the Board that he/she is rehabilitated.
SECTION 63. Prescription of the Offense Charged Against a Drug
Dependent Under the Compulsory Submission Program. — The period of
prescription of the offense charged against a drug dependent under the
compulsory submission program shall not run during the time that the drug
dependent is under confinement in a Center or otherwise under the
treatment and rehabilitation program approved by the Board.
Upon certification of the Center that he/she may temporarily be
discharged from the said Center, the court shall order his/her release on
condition that he/she shall report to the Board through the DOH for after-
care and follow-up treatment for a period not exceeding eighteen (18)
months under such terms and conditions as may be imposed by the Board.
If at anytime during the after-care and follow-up period, the Board
certifies to his/her complete rehabilitation, the court shall order his/her final
discharge from confinement and order for the immediate resumption of the
trial of the case for which he/she is originally charged. Should the Board
through the DOH find at anytime during the after-care and follow-up period
that he/she requires further treatment and rehabilitation, it shall report to
the court, which shall order his/her recommitment to the Center.
Should the drug dependent, having been committed to a Center upon
petition by the Board escape therefrom, he/she may resubmit himself/herself
for confinement within one (1) week from the date of his/her escape; or
his/her parent, spouse, guardian or relative within the fourth degree of
consanguinity or affinity may, within the same period, surrender him for
recommitment. If, however, the drug dependent does not resubmit
himself/herself for confinement or he/she is not surrendered for
recommitment, the Board may apply with the court for the issuance of the
recommitment order. Upon proof of previous commitment, the court shall
issue an order for recommitment. If, subsequent to such recommitment,
he/she should escape again, he/she shall no longer be exempt from criminal
liability for use of any dangerous drug.
A drug dependent committed under this particular Section who is
finally discharged from confinement shall be exempt from criminal liability
under Section 15 of this Act, without prejudice to the outcome of any
pending case filed in court. On the other hand, a drug dependent who is not
rehabilitated after a second commitment to the Center shall, upon conviction
by the appropriate court, suffer the same penalties provided for under
Section 15 of this Act again without prejudice to the outcome of any pending
case filed in court.
SECTION 64. Confidentiality of Records Under the Compulsory
Submission Program. — The records of a drug dependent who was
rehabilitated and discharged from the Center under the compulsory
submission program, or who was charged for violation of Section 15 of this
Act, shall be covered by Section 60 of this Act. However, the records of a
drug dependent who was not rehabilitated, or who escaped but did not
surrender himself/herself within the prescribed period, shall be forwarded to
the court and their use shall be determined by the court, taking into
consideration public interest and the welfare of the drug dependent.
SECTION 65. Duty of the Prosecutor in the Proceedings. — It shall
be the duty of the provincial or the city prosecutor or their assistants or state
prosecutors to prepare the appropriate petition in all proceedings arising
from this Act.
SECTION 66. Suspension of Sentence of a First-Time Minor Offender .
— An accused who is over fifteen (15) years of age at the time of the
commission of the offense mentioned in Section 11 of this Act, but not more
than eighteen (18) years of age at the time when judgment should have
been promulgated after having been found guilty of said offense, may be
given the benefits of a suspended sentence, subject to the following
conditions:
(a) He/she has not been previously convicted of violating any

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

the care of a DOH-accredited physician; and
(c) The Board favorably recommends that his/her sentence be
suspended.
While under suspended sentence, he/she shall be under the

supervision and rehabilitative surveillance of the Board, under such
conditions that the court may impose for a period ranging from six (6)
months to eighteen (18) months.
Upon recommendation of the Board, the court may commit the
accused under suspended sentence to a Center, or to the care of a DOH-
accredited physician for at least six (6) months, with after-care and follow-up
program for not more than eighteen (18) months.
In the case of minors under fifteen (15) years of age at the time of the
commission of any offense penalized under this Act, Article 192 of
Presidential Decree No. 603, otherwise known as the Child and Youth
Welfare Code, as amended by Presidential Decree No. 1179 shall apply,
without prejudice to the application of the provisions of this Section.
SECTION 67. Discharge After Compliance with Conditions of
Suspended Sentence of a First-Time Minor Offender . — If the accused first
time minor offender under suspended sentence complies with the applicable
rules and regulations of the Board, including confinement in a Center, the
court, upon a favorable recommendation of the Board for the final discharge
of the accused, shall discharge the accused and dismiss all proceedings.
Upon the dismissal of the proceedings against the accused, the court
shall enter an order to expunge all official records, other than the
confidential record to be retained by the DOJ relating to the case. Such an
order, which shall be kept confidential, shall restore the accused to his/her
status prior to the case. He/she shall not be held thereafter to be guilty of
perjury or of concealment or misrepresentation by reason of his/her failure
to acknowledge the case or recite any fact related thereto in response to any
inquiry made of him for any purpose.
SECTION 68. Privilege of Suspended Sentence to be Availed of Only
Once by a First-Time Minor Offender . — The privilege of suspended sentence
shall be availed of only once by an accused drug dependent who is a first-
time offender over fifteen (15) years of age at the time of the commission of
the violation of Section 15 of this Act but not more than eighteen (18) years
of age at the time when judgment should have been promulgated.
SECTION 69. Promulgation of Sentence for First-Time Minor
Offender. — If the accused first-time minor offender violates any of the
conditions of his/her suspended sentence, the applicable rules and
regulations of the Board exercising supervision and rehabilitative
surveillance over him, including the rules and regulations of the Center
should confinement be required, the court shall pronounce judgment of
conviction and he/she shall serve sentence as any other convicted person.
SECTION 70. Probation or Community Service for a First-Time Minor
Offender in Lieu of Imprisonment. — Upon promulgation of the sentence, the
court may, in its discretion, place the accused under probation, even if the
sentence provided under this Act is higher than that provided under existing
law on probation, or impose community service in lieu of imprisonment. In
case of probation, the supervision and rehabilitative surveillance shall be
undertaken by the Board through the DOH in coordination with the Board of
Pardons and Parole and the Probation Administration. Upon compliance with
the conditions of the probation, the Board shall submit a written report to
the court recommending termination of probation and a final discharge of
the probationer, whereupon the court shall issue such an order.
The community service shall be complied with under conditions, time
and place as may be determined by the court in its discretion and upon the
recommendation of the Board and shall apply only to violators of Section 15
of this Act. The completion of the community service shall be under the
supervision and rehabilitative surveillance of the Board during the period
required by the court. Thereafter, the Board shall render a report on the
manner of compliance of said community service. The court in its discretion
may require extension of the community service or order a final discharge.
In both cases, the judicial records shall be covered by the provisions of
Sections 60 and 64 of this Act.
If the sentence promulgated by the court requires imprisonment, the
period spent in the Center by the accused during the suspended sentence
period shall be deducted from the sentence to be served.
SECTION 71. Records to be kept by the Department of Justice. —
The DOJ shall keep a confidential record of the proceedings on suspension of
sentence and shall not be used for any purpose other than to determine
whether or not a person accused under this Act is a first-time minor
offender.
SECTION 72. Liability of a Person Who Violates the Confidentiality of
Records. — The penalty of imprisonment ranging from six (6) months and
one (1) day to six (6) years and a fine ranging from One thousand pesos
(P1,000.00) to Six thousand pesos (P6,000.00), shall be imposed upon any
person who, having official custody of or access to the confidential records of
any drug dependent under voluntary submission programs, or anyone who,
having gained possession of said records, whether lawfully or not, reveals
their content to any person other than those charged with the prosecution of
the offenses under this Act and its implementation. The maximum penalty
shall be imposed, in addition to absolute perpetual disqualification from any
public office, when the offender is a government official or employee. Should
the records be used for unlawful purposes, such as blackmail of the drug
dependent or the members of his/her family, the penalty imposed for the
crime of violation of confidentiality shall be in addition to whatever crime
he/she may be convicted of.
SECTION 73. Liability of a Parent, Spouse or Guardian Who Refuses
to Cooperate with the Board or any Concerned Agency. — Any parent,
spouse or guardian who, without valid reason, refuses to cooperate with the
Board or any concerned agency in the treatment and rehabilitation of a drug
dependent who is a minor, or in any manner, prevents or delays the after-
care, follow-up or other programs for the welfare of the accused drug
dependent, whether under voluntary submission program or compulsory
submission program, may be cited for contempt by the court.
SECTION 74. Cost-Sharing in the Treatment and Rehabilitation of a
Drug Dependent. — The parent, spouse, guardian or any relative within the
fourth degree of consanguinity of any person who is confined under the
voluntary submission program or compulsory submission program shall be
charged a certain percentage of the cost of his/her treatment and
rehabilitation, the guidelines of which shall be formulated by the DSWD
taking into consideration the economic status of the family of the person
confined. The guidelines therein formulated shall be implemented by a social
worker of the local government unit.
SECTION 75. Treatment and Rehabilitation Centers . — The existing
treatment and rehabilitation centers for drug dependents operated and
maintained by the NBI and the PNP shall be operated, maintained and
managed by the DOH in coordination with other concerned agencies. For the
purpose of enlarging the network of centers, the Board through the DOH
shall encourage, promote or whenever feasible, assist or support in the
establishment, operations and maintenance of private centers which shall be
eligible to receive grants, donations or subsidy from either government or
private sources. It shall also support the establishment of government-
operated regional treatment and rehabilitation centers depending upon the
availability of funds. The national government, through its appropriate
agencies shall give priority funding for the increase of subsidy to existing
government drug rehabilitation centers, and shall establish at least one (1)
drug rehabilitation center in each province, depending on the availability of
funds.
SECTION 76. The Duties and Responsibilities of the Department of
Health (DOH) Under this Act. — The DOH shall:
(1) Oversee and monitor the integration, coordination and
supervision of all drug rehabilitation, intervention, after-care
and follow-up programs, projects and activities as well as the
establishment, operations, maintenance and management of
privately-owned drug treatment rehabilitation centers and
drug testing networks and laboratories throughout the
country in coordination with the DSWD and other agencies;
(2) License, accredit, establish and maintain drug test network
and laboratory, initiate, conduct and support scientific
research on drugs and drug control;
(3) Encourage, assist and accredit private centers, promulgate

rules and regulations setting minimum standards for their
accreditation to assure their competence, integrity and
stability;
(4) Prescribe and promulgate rules and regulations governing
the establishment of such Centers as it may deem necessary
after conducting a feasibility study thereof,
(5) The DOH shall, without prejudice to the criminal prosecution
of those found guilty of violating this Act, order the closure of
a Center for treatment and rehabilitation of drug dependency
when, after investigation it is found guilty of violating the
provisions of this Act or regulations issued by the Board; and
(6) Charge reasonable fees for drug dependency examinations,

other medical and legal services provided to the public, which
shall accrue to the Board. All income derived from these
sources shall be part of the funds constituted as special
funds for the implementation of this Act under Section 87. aDACcH
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; and
(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
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
chemical by providing among others, literature, films,
displays or advertisements and by coordinating with all
institutions of learning as well as with all national and local
enforcement agencies in planning and conducting its
educational campaign programs to be implemented by the
appropriate government agencies.
(f) Conduct continuing seminars for, and consultations with,

and provide information materials to judges and prosecutors
in coordination with the Office of the Court Administrator, in
the case of judges, and the DOJ, in the case of prosecutors,
which aim to provide them with the current developments
and programs of the Board pertinent to its campaign against
dangerous drugs and its scientific researches on dangerous
drugs, its prevention and control measures;
(g) Design special trainings in order to provide law enforcement

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

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

consultation with labor and employer groups as well as
nongovernment organizations a drug abuse prevention
program in the workplace that would include a provision for
employee assistance programs for emotionally-stressed
employees;
(j) Initiate and authorize closure proceedings against non-

accredited and/or substandard rehabilitation centers based
on verified reports of human rights violations, subhuman
conditions, inadequate medical training and assistance and
excessive fees for implementation by the PDEA;
(k) Prescribe and promulgate rules and regulations governing

the establishment of such centers, networks and laboratories
as deemed necessary after conducting a feasibility study in
coordination with the DOH and other government agencies;
(l) Receive, gather, collect and evaluate all information on the

importation, exportation, production, manufacture, sale,
stocks, seizures of and the estimated need for any dangerous
drug and/or controlled precursor and essential chemical, for
which purpose the Board may require from any official,
instrumentality or agency of the government or any private
person or enterprise dealing in, or engaged in activities
having to do with any dangerous drug and/or controlled
precursors and essential chemicals such data or information
as it may need to implement this Act;
(m) Gather and prepare detailed statistics on the importation,
exportation, manufacture, stocks, seizures of and estimated
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 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
drug and/or controlled precursors and essential chemicals;
(t) Recommend the revocation of the professional license of

any practitioner who is an owner, co-owner, lessee, or in the
employ of the drug establishment, or manager of a
partnership, corporation, association, or any juridical entity
owning and/or controlling such drug establishment, and who
knowingly participates in, or consents to, tolerates, or abets
the commission of the act of violations as indicated in the
preceding paragraph, all without prejudice to the criminal
prosecution of the person responsible for the said violation;
(u) Appoint such technical, administrative and other personnel

as may be necessary for the effective implementation of this
Act, subject to the Civil Service Law and its rules and
regulations;
(v) Establish a regular and continuing consultation with

concerned government agencies and medical professional
organizations to determine if balance exists in policies,
procedures, rules and regulations on dangerous drugs and to
provide recommendations on how the lawful use of
dangerous drugs can be improved and facilitated; and
(w) Submit an annual and periodic reports to the President, the
Congress of the Philippines and the Senate and House of
Representatives committees concerned as may be required
from time to time, and perform such other functions as may
be authorized or required under existing laws and as directed
by the President himself/herself or as recommended by the
congressional committees concerned. aTAEHc
SECTION 82. Creation of the Philippine Drug Enforcement Agency

(PDEA). — To carry out the provisions of this Act, the PDEA, which serves as
the implementing arm of the Board, and shall be responsible for the efficient
and effective law enforcement of all the provisions on any dangerous drug
and/or controlled precursor and essential chemical as provided in this Act.
The PDEA shall be headed by a Director General with the rank of
Undersecretary, who shall be responsible for the general administration and
management of the Agency. The Director General of the PDEA shall be
appointed by the President of the Philippines and shall perform such other
duties that may be assigned to him/her. He/she must possess adequate
knowledge, training and experience in the field of dangerous drugs, and in
any of the following fields: law enforcement, law, medicine, criminology,
psychology or social work.
The Director General of the PDEA shall be assisted in the performance
of his/her duties and responsibilities by two (2) deputies director general
with the rank of Assistant Secretary; one for Operations and the other one
for Administration. The two (2) deputies director general shall likewise be
appointed by the President of the Philippines upon recommendation of the
Board. The two (2) deputies director general shall possess the same
qualifications as those of the Director General of the PDEA. The Director
General and the two (2) deputies director general shall receive the
compensation and salaries as prescribed by law.
SECTION 83. Organization of the PDEA. — The present Secretariat of
the National Drug Law Enforcement and Prevention Coordinating Center as
created by Executive Order No. 61 shall be accordingly modified and
absorbed by the PDEA.
The Director General of the PDEA shall be responsible for the
necessary changes in the organizational set-up which shall be submitted to
the Board for approval.
For purposes of carrying out its duties and powers as provided for in
the succeeding Section of this Act, the PDEA shall have the following
Services, namely: Intelligence and Investigation; International Cooperation
and Foreign Affairs; Preventive Education and Community Involvement;
Plans and Operations; Compliance; Legal and Prosecution; Administrative
and Human Resource; Financial Management; Logistics Management; and
Internal Affairs.
The PDEA shall establish and maintain regional offices in the different
regions of the country which shall be responsible for the implementation of
this Act and the policies, programs, and projects of said agency in their
respective regions.
SECTION 84. Powers and Duties of the PDEA. — The PDEA shall:
(a) Implement or cause the efficient and effective
implementation of the national drug control strategy
formulated by the Board thereby carrying out a national drug
campaign program which shall include drug law enforcement,
control and prevention campaign with the assistance of
concerned government agencies;
(b) Undertake the enforcement of the provisions of Article II of
this Act relative to the unlawful acts and penalties involving
any dangerous drug and/or controlled precursor and essential
chemical and investigate all violators and other matters
involved in the commission of any crime relative to the use,
abuse or trafficking of any dangerous drug and/or controlled
precursor and essential chemical as provided for in this Act
and the provisions of Presidential Decree No. 1619;
(c) Administer oath, issue subpoena and subpoena duces tecum

relative to the conduct of investigation involving the
violations of this Act;
(d) Arrest and apprehend as well as search all violators and

seize or confiscate, the effects or proceeds of the crimes as
provided by law and take custody thereof, for this purpose
the prosecutors and enforcement agents are authorized to
possess firearms, in accordance with existing laws; SEDaAH
(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 seized or
confiscated drugs, thereby hastening its destruction without
delay;
(g) Recommend to the DOJ the forfeiture of properties and

other assets of persons and/or corporations found to be
violating the provisions of this Act and in accordance with the
pertinent provisions of the Anti-Money-Laundering Act of
2001;
(h) Prepare for prosecution or cause the filing of appropriate

criminal and civil cases for violation of all laws on dangerous
drugs, controlled precursors and essential chemicals, and
other similar controlled substances, and assist, support and
coordinate with other government agencies for the proper
and effective prosecution of the same;
(i) Monitor and if warranted by circumstances, in coordination

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

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

cooperation with law enforcement agencies, other
government agencies/offices and local government units that
will assist in its apprehension of big-time drug lords;
(m) Establish and maintain close coordination, cooperation and
linkages with international drug control and administration
agencies and organizations, and implement the applicable
provisions of international conventions and agreements
related to dangerous drugs to which the Philippines is a
signatory;
(n) Create and maintain an efficient special enforcement unit to
conduct an investigation, file charges and transmit evidence
to the proper court, wherein members of the said unit shall
possess suitable and adequate firearms for their protection in
connection with the performance of their duties: Provided,
That no previous special permit for such possession shall be
required;
(o) Require all government and private hospitals, clinics,
doctors, dentists and other practitioners to submit a report to
it, in coordination with the Board, about all dangerous drugs
and/or controlled precursors and essential chemicals which
they have attended to for data and information purposes;
(p) Coordinate with the Board for the facilitation of the issuance
of necessary guidelines, rules and regulations for the proper
implementation of this Act;
(q) Initiate and undertake a national campaign for drug
prevention and drug control programs, where it may enlist
the assistance of any department, bureau, office, agency or
instrumentality of the government, including government-
owned and/or -controlled corporations, in the anti-illegal
drugs drive, which may include the use of their respective
personnel, facilities, and resources for a more resolute
detection and investigation of drug-related crimes and
prosecution of the drug traffickers; andcaSDCA
(r) Submit an annual and periodic reports to the Board as may

be required from time to time, and perform such other
functions as may be authorized or required under existing
laws and as directed by the President himself/herself or as
recommended by the congressional committees concerned.
SECTION 85. The PDEA Academy. — Upon the approval of the
Board, the PDEA Academy shall be established either in Baguio or Tagaytay
City, and in such other places as may be necessary. The PDEA Academy
shall be responsible in the recruitment and training of all PDEA agents and
personnel. The Board shall provide for the qualifications and requirements of
its recruits who must be at least twenty-one (21) years old, of proven
integrity and honesty and a Baccalaureate degree holder.
The graduates of the Academy shall later comprise the operating units
of the PDEA after the termination of the transition period of five (5) years
during which all the intelligence network and standard operating procedures
of the PDEA has been set up and operationalized.
The Academy shall be headed by a Superintendent, with the rank of
Director. He/she shall be appointed by the PDEA Director General.
SECTION 86. Transfer, Absorption, and Integration of All Operating
Units on Illegal Drugs into the PDEA and Transitory Provisions . — The
Narcotics Group of the PNP, the Narcotics Division of the NBI and the
Customs Narcotics Interdiction Unit are hereby abolished; however they shall
continue with the performance of their task as detail service with the PDEA,
subject to screening, until such time that the organizational structure of the
Agency is fully operational and the number of graduates of the PDEA
Academy is sufficient to do the task themselves: Provided, That such
personnel who are affected shall have the option of either being integrated
into the PDEA or remain with their original mother agencies and shall,
thereafter, be immediately reassigned to other units therein by the head of
such agencies. Such personnel who are transferred, absorbed and integrated
in the PDEA shall be extended appointments to positions similar in rank,
salary, and other emoluments and privileges granted to their respective
positions in their original mother agencies.
The transfer, absorption and integration of the different offices and
units provided for in this Section shall take effect within eighteen (18)
months from the effectivity of this Act: Provided, That personnel absorbed
and on detail service shall be given until five (5) years to finally decide to
join the PDEA.
Nothing in this Act shall mean a diminution of the investigative powers
of the NBI and the PNP on all other crimes as provided for in their respective
organic laws: Provided, however, That when the investigation being
conducted by the NBI, PNP or any ad hoc anti-drug task force is found to be a
violation of any of the provisions of this Act, the PDEA shall be the lead
agency. The NBI, PNP or any of the task force shall immediately transfer the
same to the PDEA: Provided, further, That the NBI, PNP and the Bureau of
Customs shall maintain close coordination with the PDEA on all drug related
matters.
ARTICLE X
Appropriations, Management of Funds and Annual Report
SECTION 87. Appropriations. — The amount necessary for the
operation of the Board and the PDEA shall be charged against the current
year's appropriations of the Board, the National Drug Law Enforcement and
Prevention Coordinating Center, the Narcotics Group of the PNP, the
Narcotics Division of the NBI and other drug abuse units of the different law
enforcement agencies integrated into the PDEA in order to carry out the
provisions of this Act. Thereafter, such sums as may be necessary for the
continued implementation of this Act shall be included in the annual General
Appropriations Act.
All receipts derived from fines, fees and other income authorized and
imposed in this Act, including ten percent (10%) of all unclaimed and
forfeited sweepstakes and lotto prizes but not less than twelve million pesos
(P12,000,000.00) per year from the Philippine Charity Sweepstakes Office
(PCSO), are hereby constituted as a special account in the general fund for
the implementation of this Act: Provided, That no amount shall be disbursed
to cover the operating expenses of the Board and other concerned agencies:
Provided, further, That at least fifty percent (50%) of all the funds shall be
reserved for assistance to government-owned and/or operated rehabilitation
centers. TICaEc
The fines shall be remitted to the Board by the court imposing such
fines within thirty (30) days from the finality of its decisions or orders. The
unclaimed and forfeited prizes shall be turned over to the Board by the PCSO
within thirty (30) days after these are collected and declared forfeited.
A portion of the funds generated by the Philippine Amusement and
Gaming Corporation (PAGCOR) in the amount of Five million pesos
(P5,000,000.00) a month shall be set aside for the purpose of establishing
adequate drug rehabilitation centers in the country and also for the
maintenance and operations of such centers: Provided, That the said amount
shall be taken from the fifty percent (50%) share of the National Government
in the income of PAGCOR: Provided, further, That the said amount shall
automatically be remitted by PAGCOR to the Board. The amount shall, in
turn, be disbursed by the Dangerous Drugs Board, subject to the rules and
regulations of the Commission on Audit (COA).
The fund may be augmented by grants, donations, and endowment
from various sources, domestic or foreign, for purposes related to their
functions, subject to the existing guidelines set by the government.
SECTION 88. Management of Funds Under this Act; Annual Report
by the Board and the PDEA. — The Board shall manage the funds as it may
deem proper for the attainment of the objectives of this Act. In addition to
the periodic reports as may be required under this Act, the Chairman of the
Board shall submit to the President of the Philippines and to the presiding
officers of both houses of Congress, within fifteen (15) days from the opening
of the regular session, an annual report on the dangerous drugs situation in
the country which shall include detailed account of the programs and
projects undertaken, statistics on crimes related to dangerous drugs,
expenses incurred pursuant to the provisions of this Act, recommended
remedial legislation; if needed, and such other relevant facts as it may deem
proper to cite.
SECTION 89. Auditing the Accounts and Expenses of the Board and
the PDEA. — All accounts and expenses of the Board and the PDEA shall be
audited by the COA or its duly authorized representative.
ARTICLE XI
Jurisdiction Over Dangerous Drugs Cases
SECTION 90. Jurisdiction. — The Supreme Court shall designate
special courts from among the existing Regional Trial Courts in each judicial
region to exclusively try and hear cases involving violations of this Act. The
number of courts designated in each judicial region shall be based on the
population and the number of cases pending in their respective jurisdiction.
The DOJ shall designate special prosecutors to exclusively handle cases
involving violations of this Act.
The preliminary investigation of cases filed under this Act shall be
terminated within a period of thirty (30) days from the date of their filing.
When the preliminary investigation is conducted by a public prosecutor
and a probable cause is established, the corresponding information shall be
filed in court within twenty-four (24) hours from the termination of the
investigation. If the preliminary investigation is conducted by a judge and a
probable cause is found to exist, the corresponding information shall be filed
by the proper prosecutor within forty-eight (48) hours from the date of
receipt of the records of the case.
Trial of the case under this Section shall be finished by the court not
later than sixty (60) days from the date of the filing of the information.
Decision on said cases shall be rendered within a period of fifteen (15) days
from the date of submission of the case for resolution.
SECTION 91. Responsibility and Liability of Law Enforcement
Agencies and Other Government Officials and Employees in Testing 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. DSHTaC
The immediate superior of the member of the law enforcement agency

or any other government employee mentioned in the preceding paragraph
shall be penalized with imprisonment of not less than two (2) months and
one (1) day but not more than six (6) years and a fine of not less than Ten
thousand pesos (P10,000.00) but not more than Fifty thousand pesos
(P50,000.00) and in addition, perpetual absolute disqualification from public
office if despite due notice to them and to the witness concerned, the former
does not exert reasonable effort to present the latter to the court.
The member of the law enforcement agency or any other government
employee mentioned in the preceding paragraphs shall not be transferred or
re-assigned to any other government office located in another territorial
jurisdiction during the pendency of the case in court. However, the
concerned member of the law enforcement agency or government employee
may be transferred or re-assigned for compelling reasons: Provided, That
his/her immediate superior shall notify the court where the case is pending
of the order to transfer or re-assign, within twenty-four (24) hours from its
approval: Provided, further, That his/her immediate superior shall be
penalized with imprisonment of not less than two (2) months and one (1) day
but not more than six (6) years and a fine of not less than Ten thousand
pesos (P10,000.00) but not more than Fifty thousand pesos (P50,000.00) and
in addition, perpetual absolute disqualification from public office, should
he/she fail to notify the court of such order to transfer or re-assign.
Prosecution and punishment under this Section shall be without
prejudice to any liability for violation of any existing law.
SECTION 92. Delay and Bungling in the Prosecution of Drug Cases.
— Any government officer or employee tasked with the prosecution of drug-
related cases under this Act, who, through patent laxity, inexcusable neglect,
unreasonable delay or deliberately causes the unsuccessful prosecution
and/or dismissal of the said drug cases, shall suffer the penalty of
imprisonment ranging from twelve (12) years and one (1) day to twenty (20)
years without prejudice to his/her prosecution under the pertinent provisions
of the Revised Penal Code.
SECTION 93. Reclassification, Addition or Removal of Any Drug from
the List of Dangerous Drugs. — The Board shall have the power to reclassify,
add to or remove from the list of dangerous drugs. Proceedings to reclassify,
add, or remove a drug or other substance may be initiated by the PDEA, the
DOH, or by petition from any interested party, including the manufacturer of
a drug, a medical society or association, a pharmacy association, a public
interest group concerned with drug abuse, a national or local government
agency, or an individual citizen. When a petition is received by the Board, it
shall immediately begin its own investigation of the drug. The PDEA also may
begin an investigation of a drug at any time based upon the information
received from law enforcement laboratories, national and local law
enforcement and regulatory agencies, or other sources of information.
The Board after notice and hearing shall consider the following factors
with respect to each substance proposed to be reclassified, added or
removed from control:
(a) Its actual or relative potential for abuse;

(b) Scientific evidence of its pharmacological effect if known;
(c) The state of current scientific knowledge regarding the drug
or other substance;
(d) Its history and current pattern of abuse;
(e) The scope, duration, and significance of abuse;

(f) Risk to public health; and
(g) Whether the substance is an immediate precursor of a

substance already controlled under this Act.
The Board shall also take into accord the obligations and commitments
to international treaties, conventions and agreements to which the
Philippines is a signatory.
The Dangerous Drugs Board shall give notice to the general public of
the public hearing of the reclassification, addition to or removal from the list
of any drug by publishing such notice in any newspaper of general
circulation once a week for two (2) weeks.
The effect of such reclassification, addition or removal shall be as
follows:
(a) In case a dangerous drug is reclassified as precursors and
essential chemicals, the penalties for the violations of this Act
involving the two latter categories of drugs shall, in case of
conviction, be imposed in all pending criminal prosecutions;
(b) In case a precursor and essential chemical is reclassified as

dangerous drug, the penalties for violations of the Act
involving precursors and essential chemicals shall, in case of
conviction, be imposed in all pending criminal prosecutions;
(c) In case of the addition of a new drug to the list of dangerous
drugs and precursors and essential chemicals, no criminal
liability involving the same under this Act shall arise until
after the lapse of fifteen (15) days from the last publication of
such notice;
(d) In case of removal of a drug from the list of dangerous
drugs and precursors and essential chemicals, all persons
convicted and/or detained for the use and/or possession of
such a drug shall be automatically released and all pending
criminal prosecution involving such a drug under this Act
shall forthwith be dismissed; and
(e) The Board shall, within five (5) days from the date of its
promulgation submit to Congress a detailed reclassification,
addition, or removal of any drug from the list of dangerous
drugs.
ARTICLE XII
Implementing Rules and Regulations
SECTION 94. Implementing Rules and Regulations . — The present
Board in consultation with the DOH, DILG, DOJ, DepEd, DSWD, DOLE, PNP,
NBI, PAGCOR and the PCSO and all other concerned government agencies
shall promulgate within sixty (60) days the Implementing Rules and
Regulations that shall be necessary to implement the provisions of this Act.
ARTICLE XIII
Final Provisions
SECTION 95. Congressional Oversight Committee. — There is
hereby created a Congressional Oversight Committee composed of seven (7)
Members from the Senate and seven (7) Members from the House of
Representatives. The Members from the Senate shall be appointed by the
Senate President based on the proportional representation of the parties or
coalitions therein with at least two (2) Senators representing the Minority.
The Members from the House of Representatives shall be appointed by the
Speaker, also based on proportional representation of the parties or
coalitions therein with at least two (2) Members representing the Minority.
The Committee shall be headed by the respective Chairpersons of the
Senate Committee on Public Order and Illegal Drugs and the House of
Representatives Committee on Dangerous Drugs.
SECTION 96. Powers and Functions of the Oversight Committee. —
The Oversight Committee on Dangerous Drugs shall, in aid of legislation,
perform the following functions, among others:
(a) To set the guidelines and overall framework to monitor and
ensure the proper implementation of this Act;
(b) To ensure transparency and require the submission of
reports from government agencies concerned on the conduct
of programs, projects and policies relating to the
implementation of this Act;
(c) To approve the budget for the programs of the Oversight

Committee on Dangerous Drugs and all disbursements
therefrom, including compensation of all personnel;
(d) To submit periodic reports to the President of the Philippines

and Congress on the implementation of the provisions of this
Act;
(e) To determine inherent weaknesses in the law and
recommend the necessary remedial legislation or executive
measures; and
(f) To perform such other duties, functions and responsibilities
as may be necessary to effectively attain the objectives of
this Act.
SECTION 97. Adoption of Committee Rules and Regulations, and
Funding. — The Oversight Committee on Dangerous Drugs shall adopt its
internal rules of procedure, conduct hearings and receive testimonies,
reports, and technical advice, invite or summon by subpoena ad
testificandum any public official, private citizen, or any other person to
testify before it, or require any person by subpoena duces tecum documents
or other materials as it may require consistent with the provisions of this Act.
The Oversight Committee on Dangerous Drugs shall be assisted by a
secretariat to be composed by personnel who may be seconded from the
Senate and the House of Representatives and may retain consultants.
To carry out the powers and functions of the Oversight Committee on
Dangerous Drugs, the initial sum of Twenty-five million pesos
(P25,000,000.00) shall be charged against the current appropriations of the
Senate. Thereafter, such amount necessary for its continued operations shall
be included in the annual General Appropriations Act.
The Oversight Committee on Dangerous Drugs shall exist for a period
of ten (10) years from the effectivity of this Act and may be extended by a
joint concurrent resolution.
SECTION 98. Limited Applicability of the Revised Penal Code. —
Notwithstanding any law, rule or regulation to the contrary, the provisions of
the Revised Penal Code (Act No. 3814), as amended, shall not apply to the
provisions of this Act, except in the case of minor offenders. Where the
offender is a minor, the penalty for acts punishable by life imprisonment to
death provided herein shall be reclusion perpetua to death.
SECTION 99. Separability Clause. — If for any reason any section or
provision of this Act, or any portion thereof, or the application of such
section, provision or portion thereof to any person, group or circumstance is
declared invalid or unconstitutional, the remainder of this Act shall not be
affected by such declaration and shall remain in force and effect.
SECTION 100. Repealing Clause . — Republic Act No. 6425, as
amended, is hereby repealed and all other laws, administrative orders, rules
and regulations, or parts thereof inconsistent with the provisions of this Act,
are hereby repealed or modified accordingly.
SECTION 101. Amending Clause. — Republic Act No. 7659 is hereby
amended accordingly.
SECTION 102. Effectivity. — This Act shall take effect fifteen (15)
days upon its publication in at least two (2) national newspapers of general
circulation.
Approved: June 7, 2002
Published in the Manila Times and Manila Standard on June 19, 2002.
Published in the Official Gazette, Vol. 98 No. 32 page 4325 on August 12,
2002.
ANNEX
1988 UNITED NATIONS CONVENTION AGAINST ILLICIT TRAFFIC IN NARCOTIC

DRUGS AND PSYCHOTROPIC SUBSTANCES

LIST OF SUBSTANCES IN TABLE I
1. ACETIC ANHYDRIDE
2. N-ACETYLANTHRANILIC ACID
3. EPHEDRINE
4. ERGOMETRINE
5. ERGOTAMINE
6. ISOSAFROLE
7. LYSERGIC ACID
8. 3, 4-METHYLENEDIOXYPHENYL-2 PROPANONE
9. NOREPHEDRINE
10. 1-PHENYL-2-PROPANONE
11. PIPERONAL
12. POTASSIUM PERMANGANATE
13. PSEUDOEPHEDRINE
14. SAFROLE
THE SALTS OF THE SUBSTANCES LISTED IN THIS TABLE WHENEVER THE
EXISTENCE OF SUCH SALTS IS POSSIBLE
LIST OF SUBSTANCES IN TABLE II

1. ACETONE
2. ANTHRANILIC ACID
3. ETHYL ETHER
4. HYDROCHLORIC ACID
5. METHYL ETHYL KETONE
6. PHENYLACETIC ACID
7. PIPERIDINE
8. SULPHURIC ACID
9. TOLUENE
THE SALTS OF THE SUBSTANCES LISTED IN THIS TABLE WHENEVER THE
EXISTENCE OF SUCH SALTS IS POSSIBLE (THE SALTS OF HYDROCHLORIC ACID
AND SULPHURIC ACID ARE SPECIFICALLY EXCLUDED)
1961 UNITED NATIONS SINGLE CONVENTION ON NARCOTIC DRUGS AS AMENDED

BY THE 1972 PROTOCOL
LIST OF DRUGS INCLUDED IN SCHEDULE I

1. Acetorphine
2. Acetyl- alpha-methylfentanyl
3. Acetylmethadol
4. Alfentanil
5. Allylprodine
6. Alphacetylmethadol
7. Alphameprodine
8. Alphamethadol
9. Alpha-methylfentanyl
10. Alpha-methylthiofentanyl
11. Alphaprodine
12. Anileridine
13. Benzethidine
14. Benzylmorphine
15. Betacetylmethadol
16. Beta-hydroxyfentanyl
17. Beta-hydroxy-3-methylfentanyl
18. Betameprodine
19. Betamethadol
20. Betaprodine
21. Bezitramide
22. Cannabis and Cannabis resin and extracts and tinctures of cannabis
23. Clonitazene
24. Coca leaf
25. Cocaine
26. Codoxime
27. Concentrate of poppy straw
28. Desomorphine
29. Dextromoramide
30. Diampromide
31. Diethylthiambutene
32. Difenoxin
33. Dihydroetorphine
34. Dihydromorphine
35. Dihydromorphine
36. Dimenoxadol
37. Dimepheptanol
38. Dimethylthiambutene
39. Dioxaphetyl butyrate
40. Diphenoxylate
41. Dipipanone
42. Drotebanol
43. Ecgonine
44. Ethylmethylthiambutene
45. Etonitazene
46. Etorphine
47. Etoxeridine
48. Fentanyl
49. Furethidine
50. Heroin
51. Hydrocodone
52. Hydromorphinol
53. Hydromorphone
54. Hydroxypethidine
55. Isomethadone
56. Ketobemidone
57. Levomethorphan
58. Levomoramide
59. Levophenacylmorphan
60. Levorphanol
61. Metazocine
62. Methadone
63. Methadone Intermediate
64. Methyldesorphine
65. Methyldihydromorphine
66. 3-methylfentanyl
67. 3-methylthiofentanyl
68. Metopon
69. Moramide intermediate
70. Morpheridine
71. Morphine
72. Morphine methobromide
73. Morphine-N-oxide
74. MPPP
75. Myrophine
76. Nicomorphine
77. Noracymethadol
78. Norlevorphanol
79. Normethadone
80. Normorphine
81. Norpipanone
82. Opium
83. Oxycodone
84. Oxymorphone
85. Para-fluorofentanyl
86. PEPAP
87. Pethidine
88. Pethidine intermediate A
89. Pethidine intermediate B
90. Pethidine intermediate C

91. Phenadoxone
92. Phenampromide
93. Phenazocine
94. Phenomorphan
95. Phenoperidine
96. Piminodine
97. Piritramide
98. Proheptazine
99. Properidine
100. Racemethorphan
101. Racemoramide
102. Racemorphan
103. Remifentanil
104. Sufentanil
105. Thebacon
106. Thebaine
107. Thiofentanyl
108. Tilidine
109. Trimeperidine
* Dextromethorphan (+)-3-methoxy-N-methylmorphinan and dextrorphan
(+)-3-hydroxy-N-methylmorphinan are isomers specifically excluded from
this Schedule.
AND the isomers, unless specifically excepted, of the drugs in this
Schedule whenever the existence of such isomers is possible within the
specific chemical designation;
The esters and ethers, unless appearing in another Schedule, of the
drugs in this Schedule whenever the existence of such esters or ethers is
possible;
The salts of the drugs listed in this Schedule, including the salts of
esters, ethers and isomers as provided above whenever the existence of
such salts is possible.
LIST OF DRUGS INCLUDED IN SCHEDULE II

1. Acetyldihydrocodeine
2. Codeine
3. Dextropropoxyphene
4. Dihydrocodeine
5. Ethylmorphine
6. Nicocodine
7. Nicodicodine
8. Norcodeine
9. Pholcodine
10. Propiram
And the isomers, unless specifically excepted, of the drugs in this
Schedule whenever the existence of such isomers is possible within the
specific chemical designation.
The salts of the drugs listed in this Schedule, including the salts of the
isomers as provided above whenever the existence of such salts is possible.
LIST OF DRUGS INCLUDED IN SCHEDULE III
1. Preparations of : Acetyldihydrocodeine,
Codeine,
Dihydrocodeine,
Ethylmorphine,
Nicocodine,
Nicodicodine,
Norcodeine and
Pholcodine
When compounded with one or more other ingredients and

containing not more than milligrams of the drug per dosage
unit and with a concentration of not more than 2.5 per cent in
undivided preparations.
2. Preparations of: Propiram containing not more than 100 milligrams of

propiram per dosage unit and compounded with at least the
same amount of Methylcellulose.
3. Preparations of: Dextropropoxyphene for oral use containing not more than
135 milligrams of dextropropoxyphene base per dosage unit
or with a concentration of not more than 2.5 per cent in
undivided preparations, provided that such preparations do
not contain any substance controlled under the Convention
on Psychotropic Substances of 1971.
4. Preparations of: Cocaine containing not more than 0.1 per cent of cocaine
calculated as cocaine base; and
Preparations of: Opium or morphine containing not more than 0.2 per cent of
morphine calculated as anhydrous morphine base and
compounded with one or more other ingredients and in such
a way that the drug cannot be recovered by readily
applicable means or in a yield that would constitute a risk to
public health.
5. Preparations of: Difenoxin containing, per dosage unit, not more than 0.5
milligrams of difenoxin and a quantity of atropine sulfate
equivalent. to at least 5 per cent of the dose of difenoxin.
6. Preparations of: Diphenoxylate containing per dosage unit, not more than 2.5
milligrams diphenoxylate calculated as base and a quantity of
atropine sulfate equivalent to at least 1 per cent of the dose
of diphenoxylate.
7. Preparations of: Pulvis ipecacuanhae et opii compositus

10 per cent opium in powder
10 per cent ipecacuanha root, in powder well mixed with
80 per cent of any other powdered ingredient containing no
drug.
8. Preparations conforming to any of the formulas listed in this Schedule and

mixtures such preparations with any material which contains no drug.
LIST OF DRUGS INCLUDED IN SCHEDULE IV

1. Acetorphine
2. Acetyl- alpha-methylfentanyl
3. Alpha-methylfentanyl
4. Alpha-methylthiofentanyl
5. Beta-hydroxy-3-methylfentanyl
6. Beta-hydroxyfentanyl
7. Cannabis and Cannabis resin
8. Desomorphine
9. Etorphine
10. Heroin
11. Ketobemidone
12. 3-methylfentanyl
13. 3-methylthiofentanyl
14. MPPP
15. Para-fluorofentanyl
16. PEPAP
17. Thiofentanyl
AND the salts of the drugs listed in this Schedule whenever the
formation of such salts is possible. EICSDT
1971 UNITED NATIONS SINGLE CONVENTION ON PSYCHOTROPIC SUBSTANCES
LIST OF SUBSTANCES IN SCHEDULE I

CHEMICAL NAME
BROLAMFETAMINE (DOB) ( + )-4-Bromo-2,5-dimethoxy-a-

methylphenethylamine
Dimethoxybromoamphetamine
CATHINONE (-)-(S)-2-Aminopropiophenone
DET 3-[2-(Diethylamino)ethyl]indole)
DMA ( + )-2,5-Dimethoxy-a-
2,5 Dimethoxyamphetamine
DMPH 3-(1,2-Dimethylhepty)-7, 8, 9, 10-
tetrahydro-6,6,9-trimethyl-6H-
dibenzo[b,d]pyran-1-oI
DMT 3-[2-(Dimethylamino)ethyl]indole
DOET ( + )-4-Ethyl-2,5-dimethoxy-a-
phenethylamine
2,5-Dimethoxy-4-ethylamphetamine
ETICYCLIDINE (PCE) N-Ethyl-1-phenylcyclohexylamine
ETRYPTAMINE 3-(2-Aminobutyl)indole
(+)-LYSERGIDE (LSD, LSD-25) 9,10-Didehydro-N,N-diethyl-6-
methylergoline-8b- carboxamide
MDMA (+)-N, a-Dimethyl-3,4-(methylene-
dioxy)phenethylamine
3,4-Methylenedioxymethamphetamine
MESCALINE 3,4,5-Trimethoxyphenethylamine
METHCATHINONE 2-(Methylamino)-1-phenylpropan-1-one
4-METHYLAMINOREX (+)-cis -2-Amino-4-methyl-5-phenyl-2-
oxazoline
MMDA 2-Methoxy-a-methyl-4,5-
(methylenedioxy)phenethylamine
5-Methoxy-3,4-
methylenedioxyamphetamine
N-ETHYL MDA (+)-N-Ethyl-a-methyl-
3,4(methylenedioxy)phenethylamine
3-4-Metlrylenedioxy-N-ethylamphetamine
N-HYDROXY MDA (+)-N-[a-Methyl-3,4-
(methylenedioxy)phenethyl]-
hydroxylamine
3-4-Methylenedioxy-N-
hydroxyamphetamine
PARAHEXYL 3-Hexyl-7,8,9,10-tetrahydro-6,6,9-
trimethyl-6H-dibenzo[b,d]pyran-1-o1
PMA p-Methoxy-a-methylphenethylamine
Paramethoxyamphetamine
PSILOCINE, PSILOTSIN 3-[2-(Dimethylamino)ethyl]indol-4-o1
PSILOCYBINE 3-[2-(Dimethylamino)ethyl]indol-4-yl
dihydrogen phosphate
ROLICYCLIDINE (PHP, PCPY) 1-(1-Phenylcyclohexyl)pyrrolidine
STP, DOM 2,5-Dimethoxy-a,4-
dimethylphenethylamine
TENAMFETAMINE (MDA) a-Methyl-3,4-
(methylenedioxy)phenethylamine
Methylenedioxyamphetamine
TENOCYCLIDINE (TCP) 1-[1-(2-Thienyl)cyclohexyl]piperridine
TETRAHYDROCANNABINOL the following isomers and their
stereochemical variants:
7,8,9,10-Tetrahydro-6,6,9-trimethyl-3-
pentyl-6H-dibenzo[b,d]pyran-1-o1
(9R, 10aR)-8,9,10,10a-Tetrahydro-6,6,9-
trimethyl-3-pentyl-6H-
dibenzol[b,d] pyran-1-o1
(6aR, 9R, 10aR)-6a,9,10, 10a-Tetrahydro-
6,6,9-trimethyl-3-pentyl-6H-
dibenzo[b,d]pyran-1-o1
(6aR, 10aR)-6a,7,10,10a-Tetrahydro-
6,6,9-
trimethyl-3-pentyl-6H-
dibenzo[b,d]pyran-1-o1
6a,7,8,9-Tetrahydro-6,6,9-trimethyl-3-
pentyl-6H-dibenzo[b,d]pyran-1-o1
(6aR, 10aR)-6a,7,8,9,10,10a-Hexahydro-
6,6-dimethyl-9-methylene-3-
pentyl-6H-Dibenzo[b,d]pyran-1-o1
TMA ( + )-3,4,5-Trimethoxy-a-
3,4,5-Trimethoxyamphetamine
4-MIA-(a-methyl-4-
methylthiophenethylamine)
The stereoisomers, unless specifically excepted, of substances in this
Schedule, whenever the existence of such stereo\isomers is possible within
the specific chemical designation.
LIST OF SUBSTANCES IN SCHEDULE II

1. AMFETAMINE (AMPHETAMINE)
2. DEXAMFETAMINE (DEXAMPHETAMINE)
3. FENETYLLINE
4. LEVAMFETAMINE (LEVAMPHETAMINE)
5. LEVOMETHAMPHETAMINE
6. MECLOQUALONE
7. METAMFETAMINE (METHAMPHETAMINE)
8. METHAMPHETAMINE RACEMATE
9. METHAQUALONE
10. METHYLPHENIDATE

11. PHENCYCLIDINE (PCP)
12. PHENMETRAZINE
13. SECOBARBITAL
14. DRONABINOL (delta -9-tetrahydro-cannabinol and its stereochemical
variants)
15. ZIPEPROL
16. 2C-B(4-bromo-2,5-dimethoxyphenethylamine)
LIST OF SUBSTANCES IN SCHEDULE III

1. AMOBARBITAL
2. BUPRENORPHINE
3. BUTALBITAL
4. CATHINE (+)-norpseudo-ephedrine
5. CYCLOBARBITAL
6. FLUNITRAZEPAM
7. GLUTETHIMIDE
8. PENTAZOCINE
9. PENTOBARBITAL
LIST OF SUBSTANCES IN SCHEDULE IV

1. ALLOBARBITAL
2. ALPRAZOLAM
3. AMFEPRAMONE (diethylpropion)
4. AMINOREX
5. BARBITAL
6. BENZFETAMINE (benzphetamine)
7. BROMAZEPAM
8. BROTIZOLAM
9. BUTOBARBITAL
10. CAMAZEPAM
11. CHLORDIAZEPOXIDE
12. CLOBAZAM
13. CLONAZEPAM
14. CLORAZEPATE
15. CLOTIAZEPAM
16. CLOXAZOLAM
17. DELORAZEPAM
18. DIAZEPAM
19. ESTAZOLAM
20. ETHCHLORVYNOL
21. ETHINAMATH
22. ETHYL LOFLAZEPATE
23. ETILAMFETAMINE (N-ethylamphetamine)
24. FENCAMFAMIN
25. FENPROPOREX
26. FLUDIAZEPAM
27. FLURAZEPAM
28. HALAZEPAM
29. HALOXAZOLAM
30. KETAZOLAM
31. LEFETAMINE (SPA)
32. LOPRAZOLAM
33. LORAZEPAM
34. LORMETAZEPAM
35. MAZINDOL
36. MEDAZEPAM
37. MEFENOREX
38. MEPROBAMATE
39. MESOCARB
40. METHYLPHENOBARBITAL
41. METHYLPRYLON
42. MIDAZOLAM
43. NIMETAZEPAM
44. NITRAZEPAM
45. NORDAZEPAM
46. OXAZEPAM
47. OXAZOLAM
48. PEMOLINE
49. PHENDIMETRAZINE
50. PHENOBARBITAL
51. PHENTERMINE
52. PINAZEPAM
53. PIPRADROL
54. PRAZEPAM
55. PYROVALERONE
56. SECBUTABARBITAL
57. TE MAZEPAM
58. TETRAZEPAM
59. TRIAZOLAM
60. VINYLBITAL GHB (Gamma-hydroxybutyric acid)

61. ZOLPIDEM

RA 9165 (Dangerous Drug Act)

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RA 9165 (Dangerous Drug Act)

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June 7, 2002

REPUBLIC ACT NO. 9165

AN ACT INSTITUTING THE COMPREHENSIVE DANGEROUS DRUGS A CT OF

SECTION 2. Declaration of Policy. — It is the policy of the State to

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(e) Clandestine Laboratory. — Any facility used for the illegal

(n) Drug Dependence. — As based on the World Health

(t) Laboratory Equipment. — The paraphernalia, apparatus,

(v) Cannabis or commonly known as "Marijuana" or "Indian

(w) Methylenedioxymethamphetamine (MDMA) or commonly

(x) Methamphetamine Hydrochloride or commonly known as

(dd) Practitioner. — Any person who is a licensed physician,

(ee) Protector/Coddler. — Any person who knowingly and

(ff) Pusher. — Any person who sells, trades, administers,

(gg) School. — Any educational institution, private or public,

(hh) Screening Test. — A rapid test performed to establish

(jj) Trading. — Transactions involving the illegal traﬃcking of

(kk) Use. — Any act of injecting, intravenously or

(a) Any phase of the manufacturing process was conducted in

(c) Any clandestine laboratory was secured or protected with

(2) 10 grams or more of morphine;

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

(5) 50 grams or more of methamphetamine hydrochloride or

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

Otherwise, if the quantity involved is less than the foregoing quantities,

(1) Life imprisonment and a ﬁne ranging from Four hundred

The possession of such equipment, instrument, apparatus and other

SECTION 19. Unlawful Prescription of Dangerous Drugs. — The

SECTION 21. Custody and Disposition of Conﬁscated, Seized, and/or

(1) The apprehending team having initial custody and control of

(2) Within twenty-four (24) hours upon conﬁscation/seizure of

(3) A certiﬁcation of the forensic laboratory examination

(5) The Board shall then issue a sworn certiﬁcation as to the

(7) After the promulgation and judgment in the criminal case

(8) Transitory Provision: a) Within twenty-four (24) hours from

SECTION 22. Grant of Compensation, Reward and Award . — The

(a) Importation of any dangerous drug and/or controlled

(b) Sale, trading, administration, dispensation, delivery,

(c) Maintenance of a den, dive or resort where any dangerous

(d) Manufacture of any dangerous drug and/or controlled

(e) Cultivation or culture of plants which are sources of

SECTION 27. Criminal Liability of a Public Oﬃcer or Employee for

SECTION 28. Criminal Liability of Government Oﬃcials and

(2) Such information and testimony are not yet in the

(4) The informant or witness has not been previously convicted

(5) The informant or witness shall strictly and faithfully comply

(c) Students of secondary and tertiary schools. — Students of

(d) Oﬃcers and employees of public and private oﬃces. —

(f) All persons charged before the prosecutor's oﬃce with a

In addition to the above stated penalties in this Section, those found to

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(1) License number and address of the pharmacist;

(2) Name, address and license of the manufacturer, importer or

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

(4) Date of acquisition or purchase;

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

(6) Serial number of the prescription and the name of the

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

(8) Date of sale or delivery.