ARTICLE IX
DANGEROUS DRUGS BOARD AND
PHILIPPINE DRUG ENFORCEMENT AGENCY
Section
77
The
Dangerous Drugs Board
The Board shall be the policy–making and
strategy–formulating body in the planning and formulation of policies and
programs on drug prevention and control. It shall develop and adopt
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
members wherein three of which are permanent members, the other twelve members
shall be in the ex–officio capacity and the two shall be regular members
The three 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: law, medicine, criminology,
psychology or social work, shall be appointed by the President of the
Philippines. The President shall designate a Chairperson, who shall have the
rank of a secretary from among the three permanent members who shall serve for
six years. Of the two other members, who shall both have the rank of
undersecretary, 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 other twelve 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 of his/her representative;
4. Secretary
of the Department of finance or his/her representative;
5. Secretary
of the Department of Labor and Employment of 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 of his/her representative;
8. Secretary
of the Department of Foreign Affair or his/her representative;
9. Secretary
of the Department of Education of his/her representative;
10. Chairperson
of the Commission on Higher Education or his/her representative;
11. Chairperson
of the National Youth Commission; and
12. Director
General of the Philippine Drug Enforcement Agency
Cabinet secretaries who are members of
the Board may designate their duly authorized and permanent representative
whose ranks shall in no case be lower than undersecretary.
The two regular members shall be as
follows:
a. The
President of the Integrated Bar of the Philippines; and
b. The
Chairperson 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 more
frequently as necessary at the discretion of the Chairperson or at the call of
any four other members. The presence of nine 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 deputy executive directors, 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 administrative control and supervision of the Executive
Director. It shall be composed of the following services: Policy Studies,
Research and Statistics; Preventive Education, Training and Information, Legal
Affairs; and Administrative and Financial Management.
Section
Powers
and Duties of the Board
The Board shall:
a. Formulate,
develop and establish a comprehensive, integrated, unified and balanced
national drug abuse prevention and control strategy;
b. Promulgate
such rules and regulations as may be necessary to carry out the purpose of the
Act, including the manner of safekeeping, disposition, burning or condemnation
of any dangerous drug and/or controlled precursor and essential chemical under
the charge and custody of DDB, PDEA and other concerned agencies, 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 drug 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 standards after–care 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
non–government organizations, a drug abuse prevention program in the workplace
that would include a provision for employee assistance programs for
emotionally–stressed employees;
j. 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;
k. Initiate
and authorized closure proceedings against non–accredited and/or substandard
rehabilitation centers based on verified reports of human rights violation, subhuman
conditions, inadequate medical training and assistance and excessive fees for
implementation by the PDEA;
In conjunction
with sub–paragraphs (c), (d) and (e) of Section 76 and sub–paragraphs (j) and
(k) of Section 81, the DDB and the DOH shall jointly promulgate standards and
guidelines for the establishment, operationalization, monitoring and closure of
treatment and rehabilitation facilities.
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 precursor and essential chemical such
data or information as it may need to implement the Act;
m. Gather
and prepare detailed statistics on the importation, exportation, manufacture,
stocks, seizures of an estimated need for any dangerous drug and/or controlled
precursor and essential chemical and such other statistical data on said drugs
as may be periodically required by the United Nations Commission on Narcotic
Drugs, 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 the Board, 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 persona properties of all
kinds, to administer and dispose of 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 precursor and essential chemical and other similar or analogous
substances of such kind and in such quantity as it may deem necessary according
to the medical and research needs or requirements of the country including diet
pills containing ephedrine and other addictive chemicals and determine the
quantity and/or quality of dangerous drugs and precursors and essential
chemicals to be imported, manufactured and held in stock at any given time by
authorized importer, manufacturer or distributor of such drugs: Provided, that
the corresponding license for this purpose shall be issued by the PDEA;
s. Develop,
in consultation with concerned agencies, the utilization of a controlled
delivery scheme in addressing the transshipment of dangerous drugs into and out
of the country to neutralize transnational crime syndicates involved in illegal
trafficking of any dangerous drug and/or controlled precursor and essential
chemical for implementation by the PDEA in collaboration with other agencies
and foreign counterparts;
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 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 the 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;
w. Approve
changes in the organizational set–up of PDEA as submitted by the Director
General of the PDEA, as provided for under Section 83;
x. Approve
the establishment of the PDEA Academy either in Baguio or Tagaytay City, and in
such other places as may be necessary, and provide for the qualifications and
requirements of PDEA recruits who must be at least twenty–one years old, of
proven integrity and honesty and a baccalaureate degree holder, as provided for
under Section 85;
y. Reclassify,
add to or remove any dangerous drug from, the lists of dangerous drugs and
controlled precursors and essential chemicals, as provided for under Section
93;
z. Receive
from DOH all income derived from fees for drug dependency examinations and
other medical and legal services provided to the public which shall be
constituted as special funds for the implementation of the Act, as provided for
under Section 76 (f);
aa. Receive
fines, fees, net proceeds of any sale or disposition of any property
confiscated or forfeited, and other income authorized and imposed under the
Act, including ten percent 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), and Five million pesos
(P5,000,000.00) a month from PAGCOR, which shall constitute as special account
in the general fund for the implementation of the Act, excluding the operating
expenses of the Board and other concerned agencies at least fifty percent (50%)
of all funds which shall be reserved for assistance to government – owned
and/or operated rehabilitation centers, as provided for under Section 76 (f)
and 87;
bb. Recommend
to the concerned agency the grant of compensation, reward and award to any
person providing information and to law enforcers participating in a successful
drug operation, as provided for in Section 22;
cc. Manage
the funds as it may deem proper for the attainment of the objectives of the
Act. The Chairperson of the Board shall submit to the President of the
Philippines and 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 of 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 the Act,
recommended remedial legislation, if needed, and such other relevant facts as
it may deem proper to cite, as provided for under Section 88; and
dd. Submit
an annual and periodic reports to the President, the Congress of the
Philippines and the Senate and House of Representatives Committee 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 Enforcement Agency (PDEA)
To carry out the provisions of the Act,
the PDEA, which serves as the implementing arm of the Board, shall be
responsible for the efficient and effective law enforcement of all provisions
of any dangerous drug and/or controlled precursor and essential chemical as
provided in the 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 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
deputy director generals with the rank of Assistant Secretary, one for
Operations and the other one for Administration. The two deputy director
generals shall likewise be appointed by the President of the Philippines upon
recommendation of the Board. The two deputy director generals shall possess the
same qualifications as those of the Director General of the PDEA. The Director
General and the two deputy director generals 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 (DEP 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 succeeding Section of this IRR, 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 the 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
anti–drug campaign with the assistance of concerned government agencies.
b. Undertake
the enforcement of the provisions of Article II of the 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 the 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 the act;
d. Arrest
and apprehend as well as search all violators and seize or confiscate, the
effect 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 chemical seized, confiscated or surrendered to any national,
provincial or local law enforcement agency, if no longer needed for purposes of
evidence in court;
f. Establish forensic laboratories
in each PNP office in every province and city in order to facilitate action on
seized or confiscated drugs, thereby hastening the destruction of the same
without delay;
g. Recommend
to the DOH the forfeiture of properties and other assets of persons and/or
corporations found to be violating the provisions of the 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 cyper shops via the internet or cyperspace;
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 non–government organizations, including 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 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 the Act;
q. Initiate
and undertake a national campaign for drug abuse 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 years old, of proven integrity and honesty and a Baccaluareate
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 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 months from the effectivity of the Act: Provided that
personnel absorbed and on detail service shall be given until five years to
finally decide to join the PDEA.
Nothing in the 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, the PNP or any ad hoc
anti–drug task force is found to be a violation of any of the provisions of the
Act, the PDEA shall be the lead agency. The NBI, the PNP or any of the task
force shall immediately transfer the game to the PDEA; Provided, further, that
the NBI, the PNP and the Bureau of Customs shall maintain close coordination
with the PDEA on all drug related matters.
a. Relationship/Coordination
between PDEA and other Agencies
The PDEA shall
be the lead agency in the enforcement of the Act, while the PNP, the NBI and
other law enforcement agencies shall continue to conduct anti–drug operations
in support of the PDEA: Provided, that the said agencies shall, as far as
practicable, coordinate with the PDEA prior to anti–drug operations; Provided,
further, that, in any case, said operations within twenty four hours from the
time of the actual custody of the suspects or seizure of said drugs and
substances, as well as paraphernalia and transport equipment used in illegal
activities involving such drugs and/or substances, and shall regularly update
the PDEA on the status of the cases involving the said anti– drug operations;
Provided, furthermore, that raids, seizures, and other anti–drug operations
conducted by the PNP, the NBI, and other law enforcement agencies prior to the
approval of this IRR shall be valid and authorized; Provided, finally, that
nothing in this IRR shall deprive the PNIP, the NBI, other law enforcement
personnel and the personnel of the Armed Forces of the Philippines (AFP) from
effecting lawful arrests and seizures in consonance with the provisions of
Section 5, Rule 113 of the Rules of Court.
b. Roles
of the PNP, NBI, Bureau of Customs and Other Law Enforcement Agencies
The PDEA may
enter into a Memorandum of Agreement (MOA) with the PNP, the NBI, the Bureau of
Customs and other law enforcement agencies to carry out the implementation of
the Act, provided that the respective MOAs shall include specific roles of enumerated
agencies in the administrative and operational matters. Said MOAs shall be
entered into by the PDEA and the respective agencies fifteen days after the
implementation of this IRR.
ARTICLE X
APPROPRIATIONS, MANAGEMENT OF
FUNDS AND ANNUAL REPORT
Section
87
Appropriations
The amount necessary for the operation
of the Board and the PDEA shall be charged against the current year’s
appropriations of the Board, the DEP Center, the Narcotics Group of the PNP,
the Narcotics Divisions 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 the Act. Thereafter, such sums as may be necessary for the
continued implementation of the Act shall be included in the annual General
Appropriations Act.
All receipts derived from fines, fees
and other income authorized and imposed in the Act, including ten percent 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 (PCSO), are hereby constituted as a special account in the general
fund for the implementation of the 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 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 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 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 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 Board, subject to the
rules and regulations of the Commission on Audit (COA).
The fund may be augmented by grants,
donations, and endowments from various sources, domestic or foreign, for
purposes related to their functions, subject to the existing guidelines set by
the government.
a. o
money shall be paid out of the National Treasury for the current operating and
capital outlay requirement of the programs, projects and activities of the
Board and the PDEA, including those funded from the Special Account in the
General Fund (SAGF) constituted under Section 87 of the Act and the next
succeeding Rule, except in pursuance of an express appropriation made by
Congress in the annual General Appropriations Act. Until such time that such an
express appropriation is made, the amounts necessary for the operation of the
new DDB and PDEA shall be charged against the current year’s appropriation of
the old DDB of the DOH, the DEP Center, the Narcotics Group of PNP, the
Narcotics Divisions of the NBI and other drug enforcement units of the
different law enforcement agencies integrated into the PDEA, subject to such
guidelines as may be issued by DBM for the purpose.
b. The
Bureau of Treasury (BTr) shall open a SAGF in favor of the Board to which shall
be deposited the following:
(1) Receipts
derived from fines which shall be remitted by the court imposing such fines
within thirty days from the finality of its decisions or orders;
(2) Ten
percent of all unclaimed and forfeited sweepstakes and lotto prizes, but in no
case less than twelve million pesos (P12,000,000.00) per year, which shall be
remitted by the PCSO within thirty days after these are collected and declared
forfeited;
(3) Proceeds
from fees and other incomes authorized and imposed pursuant to the Act;
(4) The
Five million pesos (P5,000,000.00) monthly share of the Board from fifty
percent statutory share of the National Government in the income of the PAGCOR
which shall automatically remit the same; and
(5) Grants,
donations and endowments from various sources, domestic or foreign, for
purposes relative to their existing functions and subject to existing
guidelines.
c. Release
against the SAGF shall be governed by Section 35, Chapter 5, Book VI of E.O.
No. 292 (The Administrative Code of 1987), the established programming
considerations, and the observance of the following conditions specified by the
Act:
(1) At
least fifty percent of the total receipts derived from fines, fees and other
income authorized and imposed under the Act, including the ten percent of all
unclaimed and forfeited sweepstakes and lotto prizes from PCSO, shall be
reserved for assistance to drug treatment and rehabilitation centers owned
and/or operated by the National Government and its political subdivisions and
that no amount in the total of such receipts shall be disbursed to cover the
operating expenses of the Board, the PDEA, and other concerned agencies; and
(2) The
Five million pesos (P5,000,000.00) monthly share of the Board from the fifty
percent statutory share of the National Government from the PAGCOR income shall
be used exclusively for the establishment and maintenance of new drug treatment
and rehabilitation centers in the country, as well as the operation and
maintenance of existing ones.
Section
88
Management
of Funds under the Act: Annual Report by the Board and the PDEA
a. Fund
Management
The Board and
the PDEA shall manage their respective funds, whether appropriated by Congress
or coming from other sources, as each may deem proper for the attainment of the
objectives of the Act, and respectively account for the same, subject to the
observance of the terms and condition set in the annual observance of the terms
and conditions set in the annual general appropriations act and pertinent
budgeting, accounting and auditing rules and regulations.
b. Annual
Report
In addition to
the periodic reports prescribed elsewhere in this IRR, the Chairperson of the
Board shall submit to the President of the Philippines and to the presiding
officers of the two chambers 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 detailed account of the programs and projects
undertaken, statistics on crimes related to dangerous drugs, expenses incurred
in pursuit of the mandate set under the Act, recommended remedial legislation,
if needed, and such other relevant facts as it may deem proper to cite.
Section
89
Auditing
the Accounts and Expenses of the Board and the PDEA
All accounts and expenses of the Board
and the PDEA shall be audited by the COA or its duly authorized representative.
ARTICLE XI
JURISDICTION OVER DANGEROUS DRUGS
CASES
Section
90
Jurisdiction
The Supreme Court shall designate
special courts from among the existing Regional Trial Courts in each judicial
region to exclusively try and hear cases involving violations of the 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, through its provincial/city
prosecution offices, shall designate special prosecutors to exclusively handle
cases involving violations of the Act.
The preliminary investigations of cases
filed under the Act shall be terminated within a period of thirty 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 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 hours
from the date of receipt of the records of the case.
However, when the prosecutor disagrees
with the findings of the Municipal Trial Court and he/she finds the need to
conduct a formal reinvestigation of the case to clarify issues, or to afford
either party the opportunity to be heard to avoid miscarriage of justice, the
prosecutor has to terminate the reinvestigation within fifteen days from
receipt of the records, and if probable cause exists, to file the corresponding
information in court within forty–eight hours from termination of the
reinvestigation.
Trial of the case under this Section
shall be finished by the court not later than sixty days from the date of the
filing of the information. Decision on said cases shall be rendered within a
period of fifteen days from the date of submission of the case 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 proceeding, involving violations of the Act, without any
valid reason, shall be punished with imprisonment of not less than twelve year
and one day to twenty years and a fine 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
months and one day but not more than six 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
employees may be transferred or re–assigned for compelling reasons: Provided,
that his/her immediate superior shall notify the court in writing where the
case is pending of the order to transfer or re –assign, within twenty–four
hours from its approval: Provided, further, that his/her immediate superior
shall be penalized with imprisonment of not less than 2 months and one day but
not more than six 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 in writing of such order to transfer or re–assign.
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 the Act, either as
prosecutor, prosecution witness, or as law enforcement agent, who, though
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 years and one day to
twenty 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 substances may be initiated by the
PDEA, the DOH, or by petition form any interested party, including the
manufacturer or a drug, a medical society or association, a pharmacy
association, a public interest group concerned with a 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
the 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 list of any drug by publishing such notice in any
newspaper of general circulation once a week for two weeks.
The effect of such reclassification,
addition or removal shall be as follows:
a. In
case a dangerous drug is reclassified as precursor and essential chemical, the
penalties for the violations of the Act pertaining to precursors and essential
chemicals shall, in case of conviction, be imposed in all pending criminal
prosecutions;
b. In
case a precursor and essential chemical is reclassified as dangerous drug, the
penalties for violations of the Act involving precursors and essential
chemicals shall, in case of conviction, be imposed in all pending criminal
prosecutions;
c. In
case of the addition of a new drug to the list of dangerous drugs and
precursors and essential chemicals, no criminal liability involving the same
under the Act shall arise until after the lapse of fifteen 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 the Act shall forthwith be
dismissed; and
e. The
Board shall, within five days from the date of its promulgation, submit to
Congress a detailed reclassification, addition, or removal of any drug from the
list of dangerous drugs.
ARTICLE XII
FINAL PROVISIONS
Section
94
Congressional
Oversight Committee on Dangerous Drugs (COCDD)
The COCDD created under Section 95 of
the Act shall be composed of seven Members from the Senate and seven Members
from the House of Representatives. The Member 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 Senators representing the
Minority. The Members from the House of Representatives shall be appointed by
the Speaker, also based on the proportional representation of the parties or
coalitions therein with at least two Members representing the Minority.
The COCDD 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
95
Powers
and Functions of the COCDD
The COCDD 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 the 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 the Act;
c. To
approve the budget for the programs of the COCDD and all disbursements
therefore, including compensation of all personnel;
d. To
submit periodic reports to the President of the Philippines and Congress on the
implementation of the provision of the 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 the Act.
Section
96
Adoption
of Committee Rules and Regulations, and Funding
The COCDD 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 the Act.
The COCDD 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 power and functions of
the COCDD, the initial sum of Twenty five million pesos (P25,000,000.00) shall
be charged against the current appropriation of the Senate. Thereafter, such
amount necessary for its continued operations shall be included in the annual
General Appropriations Act.
The COCDD shall exist for a period of
ten years from the effectivity of the Act and may be extended by a joint
concurrent resolution.
Section
97
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 IRR, 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
98
Separability
Clause
If for any reason any section or
provision of this IRR, or any portion thereof, or the application of such
Section, proviso or portion thereof to any person, group or circumstance is
declared invalid or unconstitutional, the remainder of this IRR shall not be
affected by such declaration and shall remain in force and effect.
Section
99
Repealing
Clause
All memorandum circulars, resolutions,
orders, and other issuances or parts thereof which are inconsistent with the
Act or with this IRR are hereby repealed, amended or modified accordingly.
Section
100
Implementing
Details
The Board shall issue such additional
implementing rules and regulations as may be necessary to further clarify any
part of this IRR.
Section
101
Effectivity
Clause
This IRR shall take effect upon its
publication in three newspapers of general circulation and upon registration
with the office of the National Administrative Register at the University of
the Philippines Law Center, U.P. Diliman, Quezon City.
Done in the City of Quezon, this 30th
day of August 2002
CORAZON
JULIANO – SOLIMAN
Secretary
of Social Welfare and Development
Ex–Offficio
Member
ANGELO
T. REYES
Secretary
of National Defense
Ex–Offficio
Member
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