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 Sec. 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 the 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 Sec. 87.
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 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;
(12) Director General of the Philippine Drug Enforcement Agency.
Cabinet secretaries who
are members of the Board may designate their duly authorized and permanent representatives
whose ranks shall in no case be lower than undersecretary.
The two (2) regular
members shall be as follows:
(a)
The president of the Integrated Bar of the Philippines; and
(b)
The chairman or president of a non-government organization involved in
dangerous drug campaign to be appointed by the President of the Philippines.
The Director of the NBI
and the Chief of the PNP shall be the permanent consultants of the Board, and
shall attend all the meetings of the Board.
All members of the Board
as well as its permanent consultants shall receive a per diem for every meeting
actually attended subject to the pertinent budgetary laws, rules and
regulations on compensation, honoraria and allowances: Provided, That where the
representative of an ex officio member or of the permanent consultant of the
Board attends a meeting in behalf of the latter, such representative shall be
entitled to receive the per diem.
Section 79
Meetings of the Board
The Board shall meet once
a week or as often as necessary at the discretion of the Chairman or at the
call of any four (4) other members. The presence of nine (9) members shall
constitute a quorum.
Section 80
Secretariat of the
Board
The Board shall recommend
to the President of the Philippines the appointment of an Executive Director,
with the rank of an undersecretary, who shall be the Secretary of the Board and
administrative officer of its secretariat, and shall perform such other duties
that may be assigned to him/her. He/she must possess adequate knowledge,
training and experience in the field of dangerous drugs, and in any of the
following fields: law enforcement, law, medicine, criminology, psychology or
social work.
Two deputies executive
director, for administration and operations, with the ranks of assistant
secretary, shall be appointed by the President upon recommendation of the
Board. They shall possess the same qualifications as those of the executive
director. They shall receive a salary corresponding to their position as
prescribed by the Salary Standardization Law as a Career Service Officer.
The existing secretariat
of the Board shall be under the administrative control and supervision of the
Executive Director. It shall be composed of the following divisions, namely:
Policy Studies, Research and Statistics; Preventive Education, Training and
Information; Legal Affairs; and the Administrative and Financial Management.
Section 81
Powers and Duties of
the Board
The Board shall:
(a)
Formulate, develop and establish a comprehensive, integrated, unified
and balanced national drug use prevention and control strategy;
(b)
Promulgate such rules and regulations as may be necessary to carry out
the purposes of this Act, including the manner of safekeeping, disposition,
burning or condemnation of any dangerous drug and/or controlled precursor and
essential chemical under its charge and custody, and prescribe administrative
remedies or sanctions for the violations of such rules and regulations;
(c)
Conduct policy studies, program monitoring and evaluations and other
researches on drug prevention, control and enforcement;
(d)
Initiate, conduct and support scientific, clinical, social,
psychological, physical and biological researches on dangerous drugs and
dangerous drugs prevention and control measures;
(e)
Develop an educational program and information drive on the hazards and
prevention of illegal use of any dangerous drug and/or controlled precursor and
essential chemical based on factual data, and disseminate the same to the
general public, for which purpose the Board shall endeavor to make the general
public aware of the hazards of any dangerous drugs and/or controlled precursor
and essential chemical by providing among others, literature, films, displays
or advertisements and by coordinating with all institutions of learning as well
as with all national and local enforcement agencies in planning and conducting
its educational campaign programs to be implemented by the appropriate
government agencies;
(f)
Conduct continuing seminars for, and consultations with, and provide
information materials to judges and prosecutors in coordination with the Office
of the Court Administrator, in the case of judges, and the DOJ, in the case of
prosecutors, which aim to provide them with the current developments and programs
of the Board pertinent to its campaign against dangerous drugs and its
scientific researches on dangerous drugs, its prevention and control measures;
(g)
Design special trainings in order to provide law enforcement officers,
members of the judiciary, and prosecutors, school authorities and personnel of
centers with knowledge and know-how in dangerous drugs and/or controlled
precursors and essential chemicals control in coordination with the Supreme
Court to meet the objectives of the national drug control programs;
(h)
Design and develop, in consultation and coordination with the DOH, DSWD
and other agencies involved in drugs control, treatment and rehabilitation,
both public and private, a national treatment and rehabilitation program for
drug dependents including a standard aftercare and community service program
for recovering drug dependents;
(i)
Design and develop, jointly with the DOLE and in consultation with
labor and employer groups as well as nongovernment organizations a drug abuse
prevention program in the workplace that would include a provision for employee
assistance programs for emotionally-stressed employees;
(j)
Initiate and authorize closure proceedings against non-accredited
and/or substandard rehabilitation centers based on verified reports of human
rights violations, subhuman conditions, inadequate medical training and
assistance and excessive fees for implementation by the PDEA;
(k)
Prescribe and promulgate rules and regulations governing the
establishment of such centers, networks and laboratories as deemed necessary
after conducting a feasibility study in coordination with the DOH and other
government agencies;
(l)
Receive, gather, collect and evaluate all information on the
importation, exportation, production, manufacture, sale, stocks, seizures of and
the estimated need for any dangerous drug and/or controlled precursor and
essential chemical, for which purpose the Board may require from any official,
instrumentality or agency of the government or any private person or enterprise
dealing in, or engaged in activities having to do with any dangerous drug
and/or controlled precursors and essential chemicals such data or information
as it may need to implement this Act;
(m) Gather and prepare detailed
statistics on the importation, exportation, manufacture, stocks, seizures of
and estimates need for any dangerous drug and/or controlled precursors and
essential chemicals and such other statistical data on said drugs as may be
periodically required by the United Nations Narcotics Drug Commission, the
World Health Organization and other international organizations in consonance
with the country's international commitments;
(n)
Develop and maintain international networking coordination with
international drug control agencies and organizations, and implement the provisions
of international conventions and agreements thereon which have been adopted and
approved by the Congress of the Philippines;
(o)
Require all government and private hospitals, clinics, doctors,
dentists and other practitioners to submit a report to it, in coordination with
the PDEA, about all dangerous drugs and/or controlled precursors and essential
chemicals-related cases to which they have attended for statistics and research
purposes;
(p)
Receive in trust legacies, gifts and donations of real and personal
properties of all kinds, to administer and dispose the same when necessary for
the benefit of government and private rehabilitation centers subject to
limitations, directions and instructions from the donors, if any;
(q)
Issue guidelines as to the approval or disapproval of applications for
voluntary treatment, rehabilitation or confinement, wherein it shall issue the
necessary guidelines, rules and regulations pertaining to the application and
its enforcement;
(r)
Formulate guidelines, in coordination with other government agencies,
the importation, distribution, production, manufacture, compounding,
prescription, dispensing and sale of, and other lawful acts in connection with
any dangerous drug, controlled precursors and essential chemicals and other
similar or analogous substances of such kind and in such quantity as it may
deem necessary according to the medical and research needs or requirements of
the country including diet pills containing ephedrine and other addictive
chemicals and determine the quantity and/or quality of dangerous drugs and
controlled precursors and essential chemicals to be imported, manufactured and
held in stock at any given time by authorized importer, manufacturer or
distributor of such drugs;
(s)
Develop the utilization of a controlled delivery scheme in addressing
the transshipment of dangerous drugs into and out of the country to neutralize
transnational crime syndicates involved in illegal trafficking of any dangerous
drugs and/or controlled precursors and essential chemicals;
(t)
Recommend the revocation of the professional license of any
practitioner who is an owner, co-owner, lessee, or in the employ of the drug
establishment, or manager of a partnership, corporation, association, or any
juridical entity owning and/or controlling such drug establishment, and who
knowingly participates in, or consents to, tolerates, or abets the commission
of the act of violations as indicated in the preceding paragraph, all without
prejudice to the criminal prosecution of the person responsible for the said
violation;
(u)
Appoint such technical, administrative and other personnel as may be
necessary for the effective implementation of this Act, subject to the Civil
Service Law and its rules and regulations;
(v)
Establish a regular and continuing consultation with concerned
government agencies and medical professional organizations to determine if
balance exists in policies, procedures, rules and regulations on dangerous
drugs and to provide recommendations on how the lawful use of dangerous drugs
can be improved and facilitated; and
(w) Submit an annual and periodic
reports to the President, the Congress of the Philippines and the Senate and
House of Representatives committees concerned as may be required from time to
time, and perform such other functions as may be authorized or required under
existing laws and as directed by the President himself/herself or as
recommended by the congressional committees concerned.
Section 82
Creation of the
Philippine Drug Enforcement Agency (PDEA)
To carry out the provisions
of this Act, the PDEA, which serves as the implementing arm of the Board, and
shall be responsible for the efficient and effective law enforcement of all the
provisions on any dangerous drug and/or controlled precursor and essential
chemical as provided in this Act.
The PDEA shall be headed
by a Director General with the rank of Undersecretary, who shall be responsible
for the general administration and management of the Agency. The Director
General of the PDEA shall be appointed by the President of the Philippines and
shall perform such other duties that may be assigned to him/her. He/she must
possess adequate knowledge, training and experience in the field of dangerous
drugs, and in any of the following fields: law enforcement, law, medicine, criminology,
psychology or social work.
The Director General of
the PDEA shall be assisted in the performance of his/her duties and
responsibilities by two (2) deputies director general with the rank of
Assistant Secretary; one for Operations and the other one for Administration.
The two (2) deputies director general shall likewise be appointed by the
President of the Philippines upon recommendation of the Board. The two (2)
deputies director general shall possess the same qualifications as those of the
Director General of the PDEA. The Director General and the two (2) deputies
director general shall receive the compensation and salaries as prescribed by
law.
Section 83
Organization of the
PDEA
The present Secretariat of
the National Drug Law Enforcement and Prevention Coordinating Center as created
by Executive Order No. 61 shall be accordingly modified and absorbed by the
PDEA.
The Director General of
the PDEA shall be responsible for the necessary changes in the organizational
set-up which shall be submitted to the Board for approval.
For purposes of carrying
out its duties and powers as provided for in the succeeding Sec. 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;
(e)
Take charge and have custody of all dangerous drugs and/or controlled
precursors and essential chemicals seized, confiscated or surrendered to any
national, provincial or local law enforcement agency, if no longer needed for
purposes of evidence in court;
(f)
Establish forensic laboratories in each PNP office in every province
and city in order to facilitate action on seize or confiscated drugs, thereby
hastening its destruction without delay;
(g)
Recommend to the DOJ the forfeiture of properties and other assets of
persons and/or corporations found to be violating the provisions of this Act
and in accordance with the pertinent provisions of the Anti-Money-Laundering
Act of 2001;
(h)
Prepare for prosecution or cause the filing of appropriate criminal and
civil cases for violation of all laws on dangerous drugs, controlled precursors
and essential chemicals, and other similar controlled substances, and assist,
support and coordinate with other government agencies for the proper and
effective prosecution of the same;
(i)
Monitor and if warranted by circumstances, in coordination with the
Philippine Postal Office and the Bureau of Customs, inspect all air cargo
packages, parcels and mails in the central post office, which appear from the
package and address itself to be a possible importation of dangerous drugs
and/or controlled precursors and essential chemicals, through on-line or cyber
shops via the internet or cyberspace;
(j)
Conduct eradication programs to destroy wild or illegal growth of
plants from which dangerous drugs may be extracted;
(k)
Initiate and undertake the formation of a nationwide organization which
shall coordinate and supervise all activities against drug abuse in every
province, city, municipality and barangay with the active and direct
participation of all such local government units and nongovernmental
organizations, including the citizenry, subject to the provisions of previously
formulated programs of action against dangerous drugs;
(l)
Establish and maintain a national drug intelligence system in
cooperation with law enforcement agencies, other government agencies/offices
and local government units that will assist in its apprehension of big-time
drug lords;
(m) Establish and maintain close
coordination, cooperation and linkages with international drug control and
administration agencies and organizations, and implement the applicable
provisions of international conventions and agreements related to dangerous
drugs to which the Philippines is a signatory;
(n)
Create and maintain an efficient special enforcement unit to conduct an
investigation, file charges and transmit evidence to the proper court, wherein
members of the said unit shall possess suitable and adequate firearms for their
protection in connection with the performance of their duties: Provided, That
no previous special permit for such possession shall be required;
(o)
Require all government and private hospitals, clinics, doctors,
dentists and other practitioners to submit a report to it, in coordination with
the Board, about all dangerous drugs and/or controlled precursors and essential
chemicals which they have attended to for data and information purposes;
(p)
Coordinate with the Board for the facilitation of the issuance of
necessary guidelines, rules and regulations for the proper implementation of
this Act;
(q)
Initiate and undertake a national campaign for drug prevention and drug
control programs, where it may enlist the assistance of any department, bureau,
office, agency or instrumentality of the government, including government-owned
and or controlled corporations, in the anti-illegal drugs drive, which may
include the use of their respective personnel, facilities, and resources for a
more resolute detection and investigation of drug-related crimes and
prosecution of the drug traffickers; and
(r)
Submit an annual and periodic reports to the Board as may be required
from time to time, and perform such other functions as may be authorized or
required under existing laws and as directed by the President himself/herself
or as recommended by the congressional committees concerned.
Section 85
The PDEA Academy
Upon the approval of the
Board, the PDEA Academy shall be established either in Baguio or Tagaytay City,
and in such other places as may be necessary. The PDEA Academy shall be
responsible in the recruitment and training of all PDEA agents and personnel.
The Board 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.
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.
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.
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 Sec. shall be finished by the court not later than sixty (60) days from
the date of the filing of the information. Decision on said cases shall be
rendered within a period of fifteen (15) days from the date of submission of
the case for resolution.
Section 91
Responsibility and
Liability of Law Enforcement Agencies and other Government Officials and
Employees in Testifying as Prosecution Witnesses in Dangerous Drugs Cases
Any member of law
enforcement agencies or any other government official and employee who, after
due notice, fails or refuses intentionally or negligently, to appear as a
witness for the prosecution in any proceedings, involving violations of this
Act, without any valid reason, shall be punished with imprisonment of not less
than twelve (12) years and one (1) day to twenty (20) years and a fine of not
less than Five hundred thousand pesos (P500,000.00), in addition to the
administrative liability he/she may be meted out by his/her immediate superior
and/or appropriate body.
The immediate superior of
the member of the law enforcement agency or any other government employee
mentioned in the preceding paragraph shall be penalized with imprisonment of
not less than two (2) months and one (1) day but not more than six (6) years
and a fine of not less than Ten thousand pesos (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 Sec. 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 precursors and essential chemicals is reclassified as
dangerous drug, the penalties for violations of the Act involving precursors
and essential chemicals shall, in case of conviction, be imposed in all pending
criminal prosecutions;
(c)
In case of the addition of a new drug to the list of dangerous drugs
and precursors and essential chemicals, no criminal liability involving the
same under this Act shall arise until after the lapse of fifteen (15) days from
the last publication of such notice;
(d)
In case of removal of a drug from the list of dangerous drugs and
precursors and essential chemicals, all persons convicted and/or detained for
the use and/or possession of such a drug shall be automatically released and
all pending criminal prosecution involving such a drug under this Act shall
forthwith be dismissed; and
(e)
The Board shall, within five (5) days from the date of its promulgation
submit to Congress a detailed reclassification, addition, or removal of any
drug from the list of dangerous drugs.
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.
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.
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