Section 27
Criminal Liability of a
Public Officer or Employee for Misappropriation, Misapplication or Failure to
Account for the Confiscated, Seized and/or Surrendered Dangerous Drugs, Plant
Sources of Dangerous Drugs, Controlled Precursors and Essential Chemicals,
Instruments/Paraphernalia and/or Laboratory Equipment Including the Proceeds or
Properties Obtained from the Unlawful Act Committed
The penalty of life
imprisonment to death and a fine ranging from Five hundred thousand pesos
(P500,000.00) to Ten million pesos (P10,000,000.00), in addition to absolute
perpetual disqualification from any public office, shall be imposed upon any
public officer or employee who misappropriates, misapplies or fails to account
for confiscated, seized or surrendered dangerous drugs, plant sources of
dangerous drugs, controlled precursors and essential chemicals,
instruments/paraphernalia and/or laboratory equipment including the proceeds or
properties obtained from the unlawful acts as provided for in this Act.
Any elective local or
national official found to have benefited from the proceeds of the trafficking
of dangerous drugs as prescribed in this Act, or have received any financial or
material contributions or donations from natural or juridical persons found
guilty of trafficking dangerous drugs as prescribed in this Act, shall be
removed from office and perpetually disqualified from holding any elective or
appointive positions in the government, its divisions, subdivisions, and
intermediaries, including government-owned or controlled corporations.
Section 28
Criminal Liability of
Government Officials and Employees
The maximum penalties of
the unlawful acts provided for in this Act shall be imposed, in addition to
absolute perpetual disqualification from any public office, if those found
guilty of such unlawful acts are government officials and employees.
Section 29
Criminal Liability for
Planting of Evidence
Any person who is found
guilty of "planting" any dangerous drug and/or controlled precursor
and essential chemical, regardless of quantity and purity, shall suffer the
penalty of death.
Section 30
Criminal Liability of
Officers of Partnerships, Corporations, Associations or Other Juridical
Entities
In case any violation of
this Act is committed by a partnership, corporation, association or any
juridical entity, the partner, president, director, manager, trustee, estate
administrator, or officer who consents to or knowingly tolerates such violation
shall be held criminally liable as a co-principal.
The penalty provided for
the offense under this Act shall be imposed upon the partner, president,
director, manager, trustee, estate administrator, or officer who knowingly
authorizes, tolerates or consents to the use of a vehicle, vessel, aircraft,
equipment or other facility, as an instrument in the importation, sale,
trading, administration, dispensation, delivery, distribution, transportation
or manufacture of dangerous drugs, or chemical diversion, if such vehicle,
vessel, aircraft, equipment or other instrument is owned by or under the
control or supervision of the partnership, corporation, association or
juridical entity to which they are affiliated.
Section 31
Additional Penalty if
Offender is an Alien
In addition to the
penalties prescribed in the unlawful act committed, any alien who violates such
provisions of this Act shall, after service of sentence, be deported
immediately without further proceedings, unless the penalty is death.
Section 32
Liability to a Person
Violating Any Regulation Issued by the Board
The penalty of
imprisonment ranging from six (6) months and one (1) day to four (4) years and
a fine ranging from Ten thousand pesos (P10,000.00) to Fifty thousand pesos
(P50,000.00) shall be imposed upon any person found violating any regulation
duly issued by the Board pursuant to this Act, in addition to the
administrative sanctions imposed by the Board.
Section 33
Immunity from
Prosecution and Punishment
Notwithstanding the
provisions of Sec. 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 Sec. 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 Sec. 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 Sec.
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.
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 Sec. 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 Sec. , those found to be positive for dangerous drugs
use shall be subject to the provisions of Sec. 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 Sec. 15 of this
Act, any person apprehended or arrested for violating the provisions of this
Act shall be subjected to screening laboratory examination or test within
twenty-four (24) hours, if the apprehending or arresting officer has reasonable
ground to believe that the person apprehended or arrested, on account of
physical signs or symptoms or other visible or outward manifestation, is under
the influence of dangerous drugs. If found to be positive, the results of the
screening laboratory examination or test shall be challenged within fifteen
(15) days after receipt of the result through a confirmatory test conducted in
any accredited analytical laboratory equipment with a gas chromatograph/mass
spectrometry equipment or some such modern and accepted method, if confirmed
the same shall be prima facie evidence that such person has used dangerous
drugs, which is without prejudice for the prosecution for other violations of
the provisions of this Act: Provided, That a positive screening laboratory test
must be confirmed for it to be valid in a court of law.
Section 39
Accreditation of Drug
Testing Centers and Physicians
The DOH shall be tasked to
license and accredit drug testing centers in each province and city in order to
assure their capacity, competence, integrity and stability to conduct the
laboratory examinations and tests provided in this Article, and appoint such
technical and other personnel as may be necessary for the effective
implementation of this provision. The DOH shall also accredit physicians who
shall conduct the drug dependency examination of a drug dependent as well as
the after-care and follow-up program for the said drug dependent. There shall
be a control regulations, licensing and accreditation division under the supervision
of the DOH for this purpose.
For this purpose, the DOH
shall establish, operate and maintain drug testing centers in government
hospitals, which must be provided at least with basic technologically advanced
equipment and materials, in order to conduct the laboratory examination and
tests herein provided, and appoint such qualified and duly trained technical
and other personnel as may be necessary for the effective implementation of
this provision.
Section 40
Records Required for
Transactions on Dangerous Drug and Precursors and Essential Chemicals
(a) Every pharmacist dealing in
dangerous drugs and/or controlled precursors and essential chemicals shall
maintain and keep an original record of sales, purchases, acquisitions and
deliveries of dangerous drugs, indicating therein the following information:
(1) License number and address of the
pharmacist;
(2) Name, address and license of the
manufacturer, importer or wholesaler from whom the dangerous drugs have been
purchased;
(3) Quantity and name of the dangerous
drugs purchased or acquired;
(4) Date of acquisition or purchase;
(5) Name, address and community tax
certificate number of the buyer;
(6) Serial number of the prescription
and the name of the physician, dentist, veterinarian or practitioner issuing
the same;
(7) Quantity and name of the
dangerous drugs sold or delivered; and
(8) Date of sale or delivery.
A
certified true copy of such record covering a period of six (6) months, duly
signed by the pharmacist or the owner of the drugstore, pharmacy or chemical
establishment, shall be forwarded to the Board within fifteen (15) days
following the last day of June and December of each year, with a copy thereof
furnished the city or municipal health officer concerned.
(b)
A physician, dentist, veterinarian or practitioner authorized to
prescribe any dangerous drug shall issue the prescription therefor in one (1)
original and two (2) duplicate copies. The original, after the prescription has
been filled, shall be retained by the pharmacist for a period of one (1) year
from the date of sale or delivery of such drug. One (1) copy shall be retained
by the buyer or by the person to whom the drug is delivered until such drug is
consumed, while the second copy shall be retained by the person issuing the
prescription.
For
purposes of this Act, all prescriptions issued by physicians, dentists,
veterinarians or practitioners shall be written on forms exclusively issued by
and obtainable from the DOH. Such forms shall be made of a special kind of
paper and shall be distributed in such quantities and contain such information
and other data as the DOH may, by rules and regulations, require. Such forms
shall only be issued by the DOH through its authorized employees to licensed
physicians, dentists, veterinarians and practitioners in such quantities as the
Board may authorize. In emergency cases, however, as the Board may specify in
the public interest, a prescription need not be accomplished on such forms. The
prescribing physician, dentist, veterinarian or practitioner shall, within
three (3) days after issuing such prescription, inform the DOH of the same in
writing. No prescription once served by the drugstore or pharmacy be reused nor
any prescription once issued be refilled.
(c)
All manufacturers, wholesalers, distributors, importers, dealers and
retailers of dangerous drugs and/or controlled precursors and essential
chemicals shall keep a record of all inventories, sales, purchases,
acquisitions and deliveries of the same as well as the names, addresses and
licenses of the persons from whom such items were purchased or acquired or to
whom such items were sold or delivered, the name and quantity of the same and
the date of the transactions. Such records may be subjected anytime for review
by the Board.
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 Sec. 5,
Rule 113 of the Rules of Court. They shall be deemed persons in authority if
they are in the school or within its immediate vicinity, or even beyond such
immediate vicinity if they are in attendance at any school or class function in
their official capacity as school heads, supervisors, and teachers.
Any teacher or school
employee, who discovers or finds that any person in the school or within its
immediate vicinity is liable for violating any of said provisions, shall have
the duty to report the same to the school head or immediate superior who shall,
in turn, report the matter to the proper authorities.
Failure to do so in either
case, within a reasonable period from the time of discovery of the violation
shall, after due hearing, constitute sufficient cause for disciplinary action
by the school authorities.
Section 45
Publication and
Distribution of Materials on Dangerous Drugs
With the assistance of the
Board, the Secretary of the Department of Education (DepEd), the Chairman of
the Commission on Higher Education (CHED) and the Director-General of the
Technical Education and Skills Development Authority (TESDA) shall cause the
development, publication and distribution of information and support
educational materials on dangerous drugs to the students, the faculty, the
parents, and the community.
Section 46
Special Drug Education
Center
With the assistance of the
Board, the Department of the Interior and Local Government (DILG), the National
Youth Commission (NYC), and the Department of Social Welfare and Development
(DSWD) shall establish in each of its provincial office a special education
drug center for out-of-school youth and street children. Such Center which
shall be headed by the Provincial Social. Welfare Development Officer shall
sponsor drug prevention programs and activities and information campaigns with
the end in view of educating the out-of-school youth and street children
regarding the pernicious effects of drug abuse. The programs initiated by the
Center shall likewise be adopted in all public and private orphanage and
existing special centers for street children.
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.
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 Sec. 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.
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 Sec. 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.
Section 54
Voluntary Submission of
a Drug Dependent to Confinement, Treatment and Rehabilitation
A drug dependent or any
person who violates Sec. 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 Sec. 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 Sec. 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 Sec.
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 Sec. 55 of this Act, may be charged under the provisions of this Act, but
shall be placed on probation and undergo a community service in lieu of
imprisonment and/or fine in the discretion of the court, without prejudice to
the outcome of any pending case filed in court.
Such drug dependent shall
undergo community service as part of his/her after-care and follow-up program,
which may be done in coordination with nongovernmental civil organizations
accredited by the DSWD, with the recommendation of the Board.
Section 58
Filing of Charges against
a Drug Dependent Who is Not Rehabilitated under the Voluntary Submission
Program
A drug dependent, who is
not rehabilitated after the second commitment to the Center under the voluntary
submission program, shall, upon recommendation of the Board, be charged for
violation of Sec. 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 Sec. 15 of this Act and he subjected under section 61
of this Act, either upon order of the Board or upon order of the court, as the
case may be.
Section 60
Confidentiality of
Records under the Voluntary Submission Program
Judicial and medical
records of drug dependents under the voluntary submission program shall be
confidential and shall not be used against him for any purpose, except to
determine how many times, by himself/herself or through his/her parent, spouse,
guardian or relative within the fourth degree of consanguinity or affinity,
he/she voluntarily submitted himself/herself for confinement, treatment and
rehabilitation or has been committed to a Center under this program.
Section 61
Compulsory Confinement
of a Drug Dependent Who Refuses to Apply Under the Voluntary Submission Program
Notwithstanding any law,
rule and regulation to the contrary, any person determined and found to be
dependent on dangerous drugs shall, upon petition by the Board or any of its
authorized representative, be confined for treatment and rehabilitation in any
Center duly designated or accredited for the purpose.
A petition for the
confinement of a person alleged to be dependent on dangerous drugs to a Center
may be filed by any person authorized by the Board with the Regional Trial
Court of the province or city where such person is found.
After the petition is
filed, the court, by an order, shall immediately fix a date for the hearing,
and a copy of such order shall be served on the person alleged to be dependent
on dangerous drugs, and to the one having charge of him.
If after such hearing and
the facts so warrant, the court shall order the drug dependent to be examined
by two (2) physicians accredited by the Board. If both physicians conclude that
the respondent is not a drug dependent, the court shall order his/her
discharge. If either physician finds him to be a dependent, the court shall
conduct a hearing and consider all relevant evidence which may be offered. If
the court finds him a drug dependent, it shall issue an order for his/her
commitment to a treatment and rehabilitation center under the supervision of
the DOH. In any event, the order of discharge or order of confinement or
commitment shall be issued not later than fifteen (15) days from the filing of
the appropriate petition.
Section 62
Compulsory Submission
of a Drug Dependent Charged with an Offense to Treatment and Rehabilitation
If a person charged with
an offense where the imposable penalty is imprisonment of less than six (6)
years and one (1) day, and is found by the prosecutor or by the court, at any
stage of the proceedings, to be a drug dependent, the prosecutor or the court
as the case may be, shall suspend all further proceedings and transmit copies
of the record of the case to the Board.
In the event he Board
determines, after medical examination, that public interest requires that such
drug dependent be committed to a center for treatment and rehabilitation, it
shall file a petition for his/her commitment with the regional trial court of
the province or city where he/she is being investigated or tried: Provided,
That where a criminal case is pending in court, such petition shall be filed in
the said court. The court shall take judicial notice of the prior proceedings
in the case and shall proceed to hear the petition. If the court finds him to
be a drug dependent, it shall order his/her commitment to a Center for
treatment and rehabilitation. The head of said Center shall submit to the court
every four (4) months, or as often as the court may require, a written report
on the progress of the treatment. If the dependent is rehabilitated, as
certified by the center and the Board, he/she shall be returned to the court,
which committed him, for his/her discharge therefrom.
Thereafter, his/her
prosecution for any offense punishable by law shall be instituted or shall
continue, as the case may be. In case of conviction, the judgment shall, if the
accused is certified by the treatment and rehabilitation center to have
maintained good behavior, indicate that he/she shall be given full credit for
the period he/she was confined in the Center: Provided, however, That when the
offense is for violation of Sec. 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 any time 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 any time
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 Sec. who is finally discharged from confinement shall be
exempt from criminal liability under Sec. 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 Sec. 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 Sec. 15 of this
Act, shall be covered by Sec. 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 Sec. 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 Sec.
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 Sec. 15 of this Act but not more than eighteen
(18) years of age at the time when judgment should have been promulgated.
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