REPUBLIC ACT No. 6425
THE DANGEROUS DRUGS ACT OF 1972
Section 1
Short Title
This Act shall be known
and cited as "The Dangerous Drugs Act of 1972"
Section 2
Definitions
As used in this Act, the
term:
(a)
"Administer" refers
to the act of introducing any dangerous drug into the body of any person, with
or without his knowledge, by injection, ingestion or other means or of
committing any act of indispensable assistance to a person in administering a
dangerous drug to himself;
(b)
"Board" refers to
the Dangerous Drugs Board created under Sec. 35, Article VIII of this Act;
(c)
"Centers" refers to
any of the treatment and rehabilitation centers for drug dependents referred to
in Sec. 34, Article VII of this Act;
(d)
"Cultivate or culture"
means the act of knowingly planting, growing, raising or permitting the
planting, growing or raising of any plant which is the source of a prohibited
drug;
(e)
"Dangerous drugs"
refers to either:
(1) "Prohibited drug," which includes opium and its active components and
derivatives, such as heroin and morphine; coca leaf and its derivatives,
principally cocaine; alpha and beta eucaine; hallucinogenic drugs, such as
mescaline, lysergic acid diethylamide (LSD) and other substances producing
similar effects; Indian hemp and its derivates; all preparations made from any
of the foregoing; and other drugs, whether natural or synthetic, with the
physiological effects of a narcotic drug; or
(2) "Regulated drug," which includes self-inducing sedatives, such as
secobarbital, phenobarbital, pentobarbital, barbital, amobarbital and any other
drug which contains a salt or a derivative of a salt of barbituric acid; any
salt, isomer or salt of an isomer, of amphetamine, such as benzedrine or
dexedrine, or any drug which produces a physiological action similar to
amphetamine; and hypnotic drugs, such as methaqualone or any other compound
producing similar physiological effects;
(f)
"Deliver" refers to
a person's act of knowingly passing a dangerous drug to another, personally or
otherwise, and by any means, with or without consideration;
(g)
"Drug dependence"
means a state of psychic or physical dependence, or both, on a dangerous drug,
arising in a person following administration or use of that drug on a periodic
or continuous basis;
(h)
"Employee" of a
prohibited drug den, dive or resort includes the caretaker, helper, watchman,
lookout and other persons employed by the operator of a prohibited drug den,
dive or resort where any prohibited drug is administered, delivered,
distributed, sold or used, with or without compensation, in connection with the
operation thereof;
(i)
"Indian hemp,"
otherwise known as "Marijuana," embraces every kind and class of the
plant cannabis sativa L. from which the resin has not been extracted, including
cannabis americana, hashish, bhang, guaza, churrus and ganjah, and embraces
every kind, class and character of Indian hemp, whether dried or fresh,
flowering or fruiting tops of the pistillate plant, and all its geographic
varieties, whether as a reefer, resin, extract, tincture or in any form
whatsoever;
(j)
"Manufacture" means
the production, preparation, compounding or processing of a dangerous drug
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 substance or labeling or relabeling of its container;
except that such term does not include the preparation, compounding, packaging,
or labeling of a drug or other substance by a duly authorized practitioner as
an incident to his administration or dispensing of such drug or substance in
the course of his professional practice;
(k)
"Narcotic drug"
refers to any drug which produces insensibility, stupor, melancholy or dullness
of mind with delusions and which may be habit-forming, and shall include opium,
opium derivatives and synthetic opiates;
(l)
"Opium" refers to
the coagulated juice of the opium poppy (papaver somniferum) and embraces every
kind and class 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 straw; and leaves or wrappings of opium leaves,
whether prepared for use or not;
(m) "Pusher" refers to any person who sells, administers,
delivers, or gives away to another, on any terms whatsoever, or distributes,
dispatches in transit or transports any dangerous drug or who acts as a broker
in any of such transactions, in violation of this Act;
(n)
"School" includes
any university, college, or institution of learning, regardless of the course
or courses it offers;
(o)
"Sell" means the
act of giving a dangerous drug, whether for money or any other material
consideration;
(p)
"Use" refers to the
act of injecting, intravenously or intramuscularly, or 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.
Section 3
Importation of
Prohibited Drugs
The penalty of
imprisonment ranging from fourteen years and one day to life imprisonment and a
fine ranging from fourteen thousand to thirty thousand pesos shall be imposed
upon any person who, unless authorized by law, shall import or bring into the
Philippines any prohibited drug.
Section 4
Sale, Administration,
Delivery, Distribution and Transportation of Prohibited Drugs
The penalty of
imprisonment ranging from twelve years and one day to twenty years and a fine
ranging from twelve thousand to twenty thousand pesos shall be imposed upon any
person who, unless authorized by law, shall sell, administer, deliver, give
away to another, distribute, dispatch in transit or transport any prohibited
drug, or shall act as a broker in any such transactions. In case of a
practitioner, the additional penalty of the revocation of his license to
practice his profession shall be imposed. If the victim of the offense is a
minor, the maximum of the penalty shall be imposed.
Should a prohibited drug
involved in any offense under this Sec. , be the proximate cause of the death
of a victim thereof, the penalty of life imprisonment to death and a fine
ranging from twenty thousand to thirty thousand pesos shall be imposed upon the
pusher.
Section 5
Maintenance of a Den,
Dive or Resort for Prohibited Drug Users
The penalty of
imprisonment ranging from twelve years and one day to twenty years and a fine
ranging from twelve thousand to twenty thousand pesos shall be imposed upon any
person or group of persons who shall maintain a den, dive or resort where any
prohibited drug is used in any form.
The maximum of the penalty
shall be imposed in every case where a prohibited drug is administered,
delivered or sold to a minor who is allowed to use the same in such place.
Should a prohibited drug
be the proximate cause of the death of a person using the same in such den,
dive or resort, the penalty of life imprisonment to death and a fine ranging
from twenty thousand to thirty thousand pesos shall be imposed on the
maintainer
Section 6
Employees and Visitors
of Prohibited Drug Den
The penalty of
imprisonment ranging from two years and one day to six years and a fine ranging
from two thousand to six thousand pesos shall be imposed upon:
(a)
Any employee of a prohibited drug den, dive or resort; and
(b)
Any person who, not being included in the provisions of the next
preceding, paragraph, shall knowingly visit any prohibited drug den, dive or
resort.
Section 7
Manufacture of Prohibited
Drugs
The penalty of life
imprisonment to death and a fine ranging from twenty thousand to thirty
thousand pesos shall be imposed upon any person who, unless authorized by law,
shall engage in the manufacture of any prohibited drug.
Section 8
Possession or Use of
Prohibited Drugs
The penalty of
imprisonment ranging from six years and one day to twelve years and a fine
ranging from six thousand to twelve thousand pesos shall be imposed upon any
person who, unless authorized by law, shall possess or use any prohibited drug,
except Indian hemp as to which the next following paragraph shall apply.
The penalty of
imprisonment ranging from six months and one day to six years and a fine
ranging from six hundred to six thousand pesos shall be imposed upon any person
who, unless authorized by law, shall possess or use Indian hemp.
Section 9
Cultivation of Plants which
are Sources of Prohibited Drugs
The penalty of
imprisonment ranging from fourteen years and one day to life imprisonment and a
fine ranging from fourteen thousand to thirty thousand pesos shall be imposed
upon any person who shall cultivate or culture Indian hemp, opium poppy
(papaver somniferum) and other plants from which any prohibited drug may be
manufactured.
The land on which any of
said plants is cultivated or cultured shall be confiscated and escheated to the
State, unless the owner thereof can prove that he did not know of such
cultivation or culture despite the exercise of due diligence on his part.
Section 10
Records of
Prescriptions, Sales, Purchases, Acquisitions and/or Deliveries of Prohibited
Drugs
The penalty of
imprisonment ranging from one year and one day to six years and a fine ranging
from one thousand to six thousand pesos shall be imposed upon any pharmacist,
physician, dentist, veterinarian, manufacturer, wholesaler, importer,
distributor, dealer or retailer who violates or fails to comply with the
provisions of Sec. 25 of this Act, if the violation or failure involves a
prohibited drug.
The additional penalty of
the revocation of his license to practice his profession, in case of a
practitioner, or of his or its business license, in case of a manufacturer,
seller, importer, distributor or dealer, shall be imposed.
Section 11
Unlawful Prescription
of Prohibited Drugs
The penalty of
imprisonment ranging from eight years and one day to twelve years and a fine
ranging from eight thousand to twelve thousand pesos 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 prohibited drug.
Section 12
Unnecessary Prescription
of Prohibited Drugs
The penalty of
imprisonment ranging from four years and one day to twelve years and a fine
ranging from four thousand to twelve thousand pesos and the additional penalty
of the revocation of his license to practice shall be imposed upon any
physician or dentist who shall prescribe any prohibited drug for any person
whose physical or physiological conditions does not require the use thereof.
Section 13
Possession of Opium
Pipe and Other Paraphernalia for Prohibited Drugs
The penalty of
imprisonment ranging from six months and one day to four years and a fine
ranging from six hundred to four thousand pesos shall be imposed upon any
person who, unless authorized by law, shall possess or have under his control
any opium, pipe, equipment, instrument, apparatus or other paraphernalia fit or
intended for smoking, consuming, administering, injecting, ingesting or
otherwise using opium or any other prohibited drug.
The possession of such
opium pipe, equipment, instrument, apparatus or other paraphernalia, fit or
intended for any of the purposes enumerated in this Sec. shall be prima facie
evidence that the possessor has smoked, consumed, administered to himself,
injected, ingested or used a prohibited drug.
Section 14
Importation of
Regulated Drugs
The penalty of
imprisonment ranging from six years and one day to twelve years and a fine
ranging from six thousand to twelve thousand pesos shall be imposed upon any
person who, unless authorized by law, shall import or bring any regulated drug
into the Philippines.
Section 15
Sale, Administration,
Dispension, Delivery, Transportation and Distribution of Regulated Drugs
The penalty of
imprisonment ranging from six years and one day to twelve years and a fine
ranging from six thousand to twelve thousand pesos shall be imposed upon any
person who, unless authorized by law, shall sell, dispense, deliver, transport
or distribute any regulated drug. In case of a practitioner, the maximum of the
penalty herein prescribed and the additional penalty of the revocation of his
license to practice his profession shall be imposed.
Section 16
Possession or Use of
Regulated Drugs
The penalty of
imprisonment ranging from six months and one day to four years and a fine
ranging from six hundred to four thousand pesos shall be imposed upon any
person who shall possess or use any regulated drug without the corresponding
license or prescription.
Section 17
Records of
Prescriptions, Sales, Purchases, Acquisitions and/or Deliveries of Regulated
Drugs
The penalty of
imprisonment ranging from six months and one day to four years and a fine
ranging six hundred to four thousand pesos shall be imposed upon any
pharmacist, physician, dentist, veterinarian, manufacturer, wholesaler,
importer, distributor, dealer or retailer who violates or fails to comply with
the provisions of Sec. 25 of this Act, if the violation or failure involves a
regulated drug.
Section 18
Unlawful Prescription
of Regulated Drugs
The penalty of
imprisonment ranging from four years and one day to eight years and a fine
ranging from four thousand to eight thousand pesos shall be imposed upon any
person who, unless authorized by law, shall make or issue a prescription for
any regulated drug.
Section 19
Unnecessary Prescription
of Regulated Drugs
The penalty of
imprisonment ranging from six months and one day to four years and a fine
ranging from six hundred to four thousand pesos and the additional penalty of
the revocation of his license to practice shall be imposed upon any physician
or dentist who shall prescribe any regulated drug for any person whose physical
or physiological condition does not require the use thereof.
Section 20
Confiscation and
Forfeiture of the Proceeds or Instruments of the Crime
Every penalty imposed for
the unlawful importation, sale, administration, delivery, transportation or
manufacture of dangerous drugs, the cultivation of plants which are sources of
prohibited drugs and the possession of any opium pipe and other paraphernalia
for prohibited drugs shall carry with it the confiscation and forfeiture, in
favor of the Government, of the proceeds of the crime and the instruments or
tools with which it was committed, unless they are the property of a third
person not liable for the offense, but those which are not of lawful commerce
shall be ordered destroyed. Dangerous drugs and plant-sources of prohibited
drugs so confiscated and forfeited in favor of the Government shall be turned
over to the Board for safe-keeping and proper disposal.
Section 21
Attempt and Conspiracy
The same penalty
prescribed by this Act for the commission of the offense shall be imposed in
case of any attempt or conspiracy to commit the same in the following cases:
a)
importation of dangerous drugs;
b)
sale, administration, delivery, distribution and transportation of
dangerous drugs;
c)
maintenance of a den, diver or resort for prohibited drug users;
d)
manufacture of dangerous drugs; and
e)
cultivation or culture of plants which are sources of prohibited drugs.
Section 22
Additional Penalty if
Offender is an Alien
In addition to the
penalties therein prescribed, any alien who violates any of the provisions of
Articles II and III of this Act shall be deported without further proceedings
immediately after service of sentence.
Section 23
Criminal Liability of
Officers of Partnerships, Corporations, Associations and other Juridical
Persons; Liability in Cases Where Vehicles, Vessels or Aircraft or Other
Instruments are used to Commit a Crime
In case any violation of
this Act is committed by a partnership, corporation, association or any
juridical person, the partner, president, director or manager 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, officer or stockholder who knowingly authorizes, tolerates
or consents to the use of a vehicle, vessel, or aircraft as an instrument in
the importation, sale, delivery, distribution or transportation of dangerous
drugs, or to the use of their equipment, machines or other instruments in the
manufacture of any dangerous drug, 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 24
Penalty for Government
Officials and Employees and Officers and Members of Police Agencies and the
Armed Forces
The maximum penalties
provided for in Sections 3, 4, 5, 6, 8, 9, 11 and 12 of Article II and Sections
14, 15, 16, and 19 of Article III shall be imposed if those found guilty of any
of the said offenses are government officials, employees or officers, including
members of police agencies and the armed forces.
Section 25
Records Required of
Pharmacists, Physicians, Veterinarians or Dentists Dispensing or Prescribing
Dangerous Drugs, and of Importers, Manufacturers, Wholesalers, Distributors,
Dealers and Retailers of Dangerous Drugs
(a)
Every pharmacist dealing in dangerous drugs shall maintain and keep an
original record of sales, purchases, acquisitions and deliveries of dangerous
drugs, indicating therein the license number and address of the pharmacist; the
name, address and license of the manufacturer, importer or wholesaler from whom
dangerous drugs have been purchased; the quantity and name of the dangerous
drugs so purchased or acquired; the date of acquisition or purchase; the name,
address and class A residence certificate number of the buyer; the serial
number of the prescription and the name of the doctor, dentist, veterinarian or
practitioner issuing the same; the quantity and name of the dangerous drug so
sold or delivered; and the date of sale or delivery.
A
certified true copy of such record covering a period of three calendar months,
duly signed by the pharmacist or the owner of the drug store or pharmacy, shall
be forwarded to the city or municipal health officer within fifteen days
following the last day of every quarter of each year.
The
city or municipal health officer shall forward such records to the Board within
fifteen (15) days from receipt thereof.
(b)
A physician, dentist, veterinarian or practitioner authorized to
prescribe any dangerous drug shall issue the prescription therefor in one
original and two duplicate copies. The original, after the prescription has
been filled, shall be retained by the pharmacist for a period of one year from
the date of sale or delivery of such drug. One 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 made out on forms exclusively issued by
and obtained from the Board. 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 Board may, by rules and regulations, require. Such forms
shall not be issued by the Board or any of its employees except to license
physicians, dentists, veterinarians and practitioners in such quantities, as
the Board may authorize. In such emergency cases, however, as the Board may
specify in the public interest, prescriptions need not be accomplished on such
forms. The prescribing physician, dentist, veterinarian or practitioner shall,
within three days after issuing such prescription, inform the Board of the same
in writing. No prescription once issued may be refilled.
(c)
All manufacturers, wholesalers, distributors, importers, dealers and
retailers of dangerous drugs shall keep a record of all sales, purchases,
acquisitions and deliveries of dangerous drugs, the names, addresses and
licenses of the persons from whom the dangerous drugs were purchased or
acquired or to whom such drugs were sold or delivered, the name and quantity of
the drugs and the date of the transaction.
Section 26
Penalty for a Person
Importing Dangerous Drugs by Making Use of a Diplomatic Passport
The penalty of life
imprisonment and a fine of thirty thousand pesos shall be imposed upon any
person who, unless authorized under this Act, shall import or bring into the
Philippines any dangerous drug by making use of a diplomatic passport,
diplomatic facilities, or any other means involving his official status
intended to facilitate the unlawful entry of dangerous drugs. In addition, the
diplomatic passport shall be confiscated and canceled.
Section 27
Criminal Liability of
Possessor or User of Dangerous Drugs during Social Gatherings
The maximum of the
penalties provided for in Sec. 8, Article II and Sec. 16, Article III of this
Act shall be imposed upon any person found possessing or using any dangerous
drug during a party or at a social gathering or in a group of at least five
persons possessing or using such drugs.
Section 28
Heads, Supervisors and
Teachers of Schools
For the purpose of
enforcing the provisions of Articles II and III of this Act, all school heads,
supervisors and teachers shall be deemed to be persons in authority and, as
such, are hereby vested with the power to apprehend, arrest, or cause the
apprehension or arrest of any person who shall violate any of the said
provisions. They shall be considered as persons in authority if they are in the
school or within its immediate vicinity, or beyond such immediate vicinity if
they are in attendance at any school or class function in their official
capacity as school heads, supervisors or teachers.
Any teacher or school
employees who discovers or finds that any person in the school or within its
immediate vicinity is violating any provision of Articles II and III of this
Act shall have the duty to report the violation to the school head or
supervisor who shall, in turn, report the matter to the proper authorities.
Failure to report in either case shall, after due hearing, constitute
sufficient cause for disciplinary action.
Section 29
Dangerous Drugs as Part
of School Curricula
Instruction on the adverse
effects of dangerous drugs, including their legal, social and economic
implications, shall be integrated into the existing curricula of all public and
private schools, whether general, technical, vocational or agro-industrial.
The Secretary of Education
shall promulgate such rules and regulations as may be necessary to carry out
the provisions hereof and, with the assistance of the Board, shall cause the
publication and distribution of materials on dangerous drugs to students and
the general public.
Section 30
Voluntary Submission of
a Drug Dependent to Confinement, Treatment and Rehabilitation by the Dependent
Himself or Through His Parent, Guardian or Relative
If a drug dependent voluntarily
submits himself for confinement, treatment and rehabilitation in a center and
complies with such conditions therefor as the Board may, by rules and
regulations, prescribe, he shall not be criminally liable for any violation of
Sec. 8, Article II and Sec. 16, Article III of this Act.
The above exemption shall
be extended to a minor who may be committed for treatment and rehabilitation in
a government center upon sworn petition of his parent, guardian or relative
within the fourth civil degree of consanguinity or affinity, in that order.
Such petition may be filed with the Court of First Instance of the province or
city where the minor resides and shall set forth therein his name and address
and the facts relating to his dependency. The court shall set the petition for
hearing and give the drug dependent concerned an opportunity to be heard. If,
after such hearing, the facts so warrant in its judgment, the court shall order
the drug dependent to be examined by two physicians accredited by the Board. If
both physicians conclude, after examination, that the minor is not a drug
dependent, the court shall enter an order discharging him. 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 makes a finding of drug
dependency, it shall issue an order for his commitment to a center designated
by the court for treatment and rehabilitation under the supervision of the
Board.
When, in the opinion of
the person committed or of his parent, guardian or relative, or of the Board,
such person is rehabilitated, any of the above parties may file a sworn
petition for his release with the Court of First Instance which ordered the
commitment. If, after due hearing, the court finds the petition to be
well-founded, it shall forthwith order the release of the person so committed.
Should the drug dependent,
having voluntarily submitted himself to confinement, treatment and
rehabilitation in, or having been committed to a center upon petition of the
proper party, escape therefrom, he may resubmit himself for confinement within
one week from the date of his escape, or his parent, guardian or relative may,
within the same period, surrender him for recommitment. If, however, the drug
dependent does not resubmit himself for confinement or he is not surrendered
for recommitment, as the case may be, the Board may file a sworn petition for
his recommitment. Upon proof of previous commitment or of his voluntary
submission to confinement, treatment and rehabilitation, the court shall issue
an order for recommitment. If, subsequent to such recommitment, he should
escape again, he shall no longer be exempt from criminal liability for use or
possession of any dangerous drug.
The judicial and medical
records pertaining to any drug dependent's confinement or commitment under this
Sec. shall be confidential and shall not be used against him for any purpose
except to determine how many times he shall have voluntarily submitted himself
to confinement, treatment and rehabilitation or been committed or recommitted
to a center.
Section 31
Compulsory Submission
of a Drug Dependent to Treatment and Rehabilitation after Arrest
If a person charged with
an offense is found by the fiscal or by the court, at any stage of the
proceedings, to be a drug dependent, the fiscal 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 government center for treatment and
rehabilitation, it shall file a petition for his commitment with the Court of
First Instance of the province or city where he resides. 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
commitment to a government center for treatment and rehabilitation. The head of
said center shall submit to the court every four 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 shall
be returned to the court which committed him, for his discharge therefrom.
Thereafter, his
prosecution for any offense punishable by law shall be instituted or shall
continue, as the case may be. In case of conviction, the full period of his
prior detention and of his confinement for treatment and rehabilitation shall
be deducted from the period of the penalty imposed on him and he shall serve
sentence only for the remainder thereof.
Section 32
Suspension of Sentence
for First Offense of a Minor
If an accused less than
twenty-one years of age who is found guilty of violating Sec. 8, Article II and
Sec. 16, Article III of this Act has not been previously convicted of violating
any provision of this Act or of the Revised Penal Code or placed on probation
as herein provided, the court may defer sentence and place him on probation
under the supervision of the Board or its agents and under such conditions as
the court may impose for a period ranging from six months to one year. If the
accused violates any of the conditions of his probation, the court shall
pronounce judgment of conviction and he shall serve sentence as in any other
criminal case. If, however, he does not violate any condition of his probation,
then upon the expiration of the designated period, the court shall discharge
him and dismiss the proceedings.
If the court finds that
such accused is a drug dependent, it shall commit him to a center for treatment
and rehabilitation under the supervision of the Board. Upon certification of
his rehabilitation by the Board, the court shall enter an order discharging
him.
A confidential record of
the proceedings shall be kept by the Department of Justice and shall not be
used for any other purpose except as a record to be used in determining whether
or not a person accused under the provisions of this Act is a first offender.
Upon dismissal of the
proceedings against him, the court shall enter an order to expunge all official
records (other than the confidential record to be retained by the Department of
Justice) relating to his case. Such an order, which shall be kept confidential,
shall restore the accused to his status prior to the case. He shall not be held
thereafter, under any provision of law, to be guilty of perjury or of
concealment or misrepresentation by reason of his failure to acknowledge the
case or recite any fact related thereto in response to any inquiry made of him
for any purpose.
In the case of minors
under sixteen year of age at the time of the commission of any offense
penalized under this Act, the provisions of Article 80 of the Revised Penal
Code shall apply, without prejudice to the application of the provisions of
this Section.
Section 33
Violation of
Confidential Nature of Records
The penalty of
imprisonment ranging from six months and one day to six years and a fine
ranging from six hundred to six thousand pesos shall be imposed upon any person
who, having official custody of, or access to the confidential records referred
to in Sections 30 and 32 of this Act, or anyone who, having gained possession
of such records, whether lawfully or not, reveals their contents to any person
other than those charged with the prosecution of offenses under this Act or
with its implementation.
Section 34
Treatment and
Rehabilitation Center for Drug Dependents
The existing Treatment and
Rehabilitation Center for Drug Dependents at Tagaytay City shall continue to be
operated and maintained by the National Bureau of Investigation under the
supervision and funding of the Board. In addition thereto, the Board shall
encourage and assist in the establishment, operation and maintenance of private
centers. The Tagaytay center shall constitute the nucleus of such centers as
may be created, authorized and/or accredited under this Act.
Section 35
Creation and Composition
of the Board
There is hereby created a
Dangerous Drugs Board which shall be composed of nine members. Three members
who shall possess adequate training and experience in the field of dangerous
drugs or in law, medicine, criminology, psychology or social work, shall be
appointed by the President of the Philippines with the consent of the
Commission on Appointments. The President shall designate a chairman from among
the three appointive members who shall serve for six years. Of the two other
members, one shall serve for four years and the other for two years.
Thereafter, the persons appointed to succeed such members shall hold office for
a term of six years and until their successors shall have been duly appointed
and qualified. The remaining six shall be ex-officio members, as follows:
(a)
The Secretary of Justice or his representative;
(b)
The Secretary of National Defense or his representative;
(c)
The Secretary of Health or his representative;
(d)
The Secretary of Education or his representative;
(e)
The Secretary of Finance or his representative; and
(f)
The Secretary of the Department of Social Welfare or his
representative.
The Director of the
National Bureau of Investigation shall be the permanent consultant of the
Board.
The chairman shall receive
a compensation of twenty-four thousand pesos per annum. The two other members
who are appointed by the President of the Philippines shall each receive a
compensation of eighteen thousand pesos per annum.
The Board shall meet at
the call of the chairman or of the two other members appointed by the President
of the Philippines. The presence of five members shall constitute a quorum.
The Board may constitute
an executive committee, to be composed of the chairman and two other members,
which shall have the duty of carrying into effect the policies and decisions of
the Board and shall meet as often as necessary, at the discretion of the
chairman.
When public interest so
requires, the executive committee may act for and in behalf of the Board, and
its decisions shall be valid unless revoked by the Board at its next regular or
special meeting.
The Chief of the Narcotics
Sec. of the National Bureau of Investigation shall be the ex-officio executive
director of the Board. He shall be the administrative officer of the Board and
shall perform such other duties as may be assigned to him by it.
Section 36
Powers and Duties of
the Board
The Board shall:
(a)
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 dangerous drugs under its charge and custody, and
prescribe administrative remedies or sanctions for the violation of such rules
and regulations;
(b)
Take charge and custody of all dangerous drugs seized, confiscated by
or surrendered to any national, provincial or local law enforcement agency, if
no longer needed for purposes of evidence in court;
(c)
Develop educational programs based on factual information 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 dangerous drugs 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 law enforcement agencies in planning and conducting its educational
campaign programs;
(d)
Provide law enforcement officers, school authorities and personnel of
centers with special training in dangerous drugs control;
(e)
Conduct scientific, clinical, social, psychological, physical and
biological researches on dangerous drugs;
(f)
Draw up, in consultation and in coordination with the various agencies
involved in drugs control, treatment and rehabilitation, both public and
private, a national treatment and rehabilitation program for drug dependents;
and call upon any department, office, bureau, institution or agency of the Government
to render such assistance as it may require, or coordinate with it or with
other such entities, to carry out such program as well as such other activities
as it may undertake pursuant to the provisions of this Act;
(g)
Receive all donations for the purpose of carrying out the objectives of
this Act;
(h)
Subject to the civil service law and the rules and regulations issued
thereunder, appoint such technical, administrative and other personnel as may
be necessary for the effective implementation of this Act;
(i)
Receive, gather, collate and evaluate all information on the
importation, exportation, production, manufacture, sale, stocks, seizures of
and the estimated need for dangerous drugs, for which purpose of the Board may
require from any official, instrumentality or agency of the Government or any
private persons or enterprises dealing in, or engaged in activities having to
do with, dangerous drugs such data or information as it may need to implement
this Act;
(j)
Relay information regarding any violation of this Act to law
enforcement agencies to effect the apprehension of offenders and the
confiscation of dangerous drugs and transmit evidence to the proper court;
(k)
Conduct eradication programs to destroy wild or illicit growth of
plants from which dangerous drugs may be extracted;
(l)
Authorize, pursuant to the provisions of this Act, the importation,
distribution, prescription dispensing and sale of, and other lawful acts in
connection with, dangerous drugs of such kind and quantity as it may deem
necessary according to the medical and research needs of the country, which
authorization shall be required by the Commissioner of Internal Revenue as a
basis for the issuance of licenses and permits for such purposes in accordance
with Republic Act No. 953;
(m) Encourage, assist and accredit
private centers, promulgating rules and regulations setting minimum standards
for their accreditation to assure their competence, integrity and stability;
(n)
Prescribe and promulgate rules and regulations governing the
establishment of such centers as it may deem necessary, after conducting a
feasibility study thereof;
(o)
Provide appropriate rewards to informers who are instrumental in the
discovery and seizure of dangerous drugs and in the apprehension of violators
of this Act;
(p)
Gather and prepare detailed statistics on the importation, exportation,
manufacture, stocks, seizures of and estimated need for dangerous drugs 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 international commitments.
Section 37
Appropriation
In order to carry out the
objectives of this Act, the sum of twelve million pesos is hereby appropriated out
of any funds in the National Treasury not otherwise appropriated from the
effectivity of this Act until June 30, 1973. Thereafter, such sums as may be
necessary to carry out the provisions of this Act shall be included in
subsequent annual General Appropriations Acts.
All income derived from
fines authorized in this Act and all unclaimed and forfeited sweepstakes prizes
in the Philippine Charity Sweepstakes Office are hereby constituted as special
funds for the implementations of this Act: Provided, That as least 50% of all
funds from the latter source shall be reserved for assistance to accredited and
deserving private rehabilitation centers: Provided, further, That all such
fines and unclaimed and forfeited prizes shall be turned over to the Board by the
Philippine Charity Sweepstakes Office within 30 days after they are collected
or declared forfeited, as the case may be.
Section 38
Management of Funds under
this Act; Annual Report by the Board
The Board shall manage the
funds as it may deem proper for the attainment of the objectives of 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 days from
the opening of the regular session, an annual report on the dangerous drugs
situation in the country which shall include a 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 39
Jurisdiction of the
Circuit Criminal Court
The Circuit Criminal Court
shall have exclusive original jurisdiction over all cases involving offenses
punishable under this Act.
The preliminary
investigation of cases filed under this Act shall be resolved within a period
of seven (7) days from the date of termination of the preliminary
investigation. Where a prima facie case is established, the corresponding
information shall be filed in court within twenty-four (24) hours. Decision on
said cases shall be rendered within a period of fifteen (15) days from the date
of submission of the case.
Section 40
Reclassification,
Additions or Removal of Any Drug from the List of Dangerous Drugs
The Board shall give
notice to the general public of the reclassification, additional to or removal
from the list of any drug by publishing such notice in any newspaper of general
circulation once a week for two consecutive weeks.
The effect of such
reclassification, addition or removal shall be as follows:
(1)
In case a prohibited drug is reclassified as regulated, the penalties
for violations of this Act involving the latter shall, in case of conviction,
be imposed in all pending criminal prosecutions;
(2)
In case a regulated drug is reclassified as prohibited, the penalties
for violations of this Act involving regulated drugs shall, in case of
conviction, be imposed in all pending criminal prosecutions:
(3)
In case of the addition of a new drug to the list of dangerous drugs,
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; and
(4)
In case of removal of a drug from the list of dangerous drugs, all
pending criminal prosecutions involving such a drug under this Act shall
forthwith be dismissed.
Section 41
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
circumstances is declared invalid or unconstitutional, the remainder of this
Act shall not be affected by such declaration.
Section 42
Repealing Clause
Articles one hundred
ninety, one hundred ninety-one, one hundred ninety-two, one hundred
ninety-three and one hundred ninety-four of Act Numbered Thirty-eight hundred
and fifteen, otherwise known as the Revised Penal Code, are hereby repealed;
and the provisions of such other laws, executive or administrative orders,
rules and regulations, or parts thereof, inconsistent with the provisions of
this Act; are hereby repealed or modified accordingly.
Section 43
Effectivity
This Act shall take effect
upon its approval.
Approved: March 30, 1972
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