IRR Republic Act No. 9165 (part 2)

Section 23

Plea–bargaining Provision

Any person charged under provision of the Act regardless of the imposable penalty shall not be allowed to avail of the provision on plea–bargaining.

Section 24

Non–applicability of the Probation Law for Drug Traffickers and Pushers

Any person convicted of drug trafficking or pushing under the Act, regardless of the penalty imposed by the court, cannot avail of the privilege granted by the Probation Law or Presidential Decree No. 968, as amended.

Section 25

Qualifying Aggravating Circumstances in the Commission of a Crime by an Offender under the Influence of Dangerous Drugs

Notwithstanding the provision of any law to the contrary, a positive finding for the use of dangerous drugs shall be a qualifying aggravating circumstance in the commission of a crime by an offender and the application of the penalty provided for in the revised Penal Code shall be applicable.

Positive finding refers to the result of confirmatory test.

Section 26

Attempt or Conspiracy

Any attempt or conspiracy to commit the following unlawful acts shall be penalized by the same penalty prescribed for the commission of the same provided under the Act:

a.   Importation of any dangerous drug and/or controlled precursor and essential chemical;

b.   Sale, trading, administration, dispensation, delivery, distribution and transportation of any dangerous drug and/or controlled precursor and essential chemical;

c.   Maintenance of a den, dive or resort where any dangerous drug is used in any form;

d.  Manufacture of any dangerous drug and/or controlled precursor and essential chemical; and

e.    Cultivation or culture of plants which are sources of dangerous drugs.

Section 27

Criminal Liability of a Public Officer or Employee for Misappropriation, Misapplication or Failure to Account for the Confiscated, Seized and/or Surrendered Dangerous Drugs, Plant Sources of Dangerous Drugs, Controlled Precursors and Essential Chemicals, Instruments/Paraphernalia and/or Laboratory Equipment including the Proceeds or Properties Obtained from the Unlawful Act Committed

The penalty of life imprisonment to death and a fine ranging from Five hundred thousand pesos (P500,000.00) to Ten million pesos (P10,000,000.00), in addition to absolute perpetual disqualification from any public office, shall be imposed upon any public officer or employee who misappropriates, misapplies or fails to account for confiscated, seized or surrendered dangerous drugs, plant sources of dangerous drugs, controlled precursors and essential chemicals, instruments/paraphernalia and/or laboratory equipment including the proceeds or properties obtained from the unlawful acts as provided for in the Act.

Any elective local or national official found to have benefited from the proceeds of the trafficking of dangerous drugs as prescribed in the Act, or have received any financial or material contributions or donations from natural or juridical persons found guilty of trafficking dangerous drugs as prescribed in the Act, shall be removed from office and perpetually disqualified from holding any elective or appointive positions in the government, its divisions, subdivisions and intermediaries, including government–owned or controlled corporations.

Section 28

Criminal Liability of Government Officials and Employees

The maximum penalties of the unlawful acts provided for in the Act shall be imposed, in addition to absolute perpetual disqualification from any public office, if those found guilty of such unlawful acts are government officials and employees.

Section 29

Criminal Liability for Planting of Evidence

Any person who is found guilty of “planting” any dangerous drug and/or controlled precursor and essential chemical, regardless of quantity and purity, shall suffer the penalty of death.

Section 30

Criminal Liability of Officers of Partnerships, Corporations, Associations or Other Juridical Entities

In case any violation of the Act is committed by a partnership, corporation, association or any juridical entity, the partner, president, director, manager, trustee, estate administrator, or officer who consents to or knowingly tolerates such violation shall be held criminally liable as co –principal.

The penalty provided for the offense under the Act shall be imposed upon the partner, president, director, manager, trustee, estate administrator, or officer who knowingly authorizes, tolerates, or consents to the use of a vehicle, vessel, aircraft, equipment or other facility, as an instrument in the importation, sale, trading, administration, dispensation, delivery, distribution, transportation or manufacture of dangerous drugs, or chemical diversion, if such vehicle, vessel, aircraft, equipment or other instrument is owned by or under the control or supervision of the partnership, corporation, association or juridical entity to which they are affiliated.

Section 31

Additional Penalty if Offender is an Alien

In addition to the penalties prescribed in the unlawful act committed, any alien who violated such provisions of the Act shall, after service of sentence, be deported immediately without further proceedings, unless the penalty is death.

Section 32

Liability of a Person violating any regulation issued by the Board

The penalty of imprisonment ranging from six months and one day to four years and a fine ranging from Ten thousand pesos (P10,000.00) to fifty thousand pesos (P50,000.00) shall be imposed upon any person found violating any regulation duly issued by the Board pursuant to the Act, in addition to the administrative sanctions imposed by the Board.

Section 33

Immunity from Prosecution and Punishment

Notwithstanding the provisions of Section 17, Rule 119 of the Revised Rules of Criminal Procedure and the provisions of Republic Act No. 6981 or the Witness Protection, Security and Benefit Act of 1991, any person who has violated Sections 7, 11, 12, 14, 15 and 19, Article II of the Act, who voluntarily gives information about any violation of Sections 4, 5, 6, 8, 10, 13 and 16, Article II of the Act, as well as any commission of the offenses mentioned if committed by a drug syndicate or any information leading to the whereabouts, identifies and arrest of all or any of the members thereof; and who willingly testifies against such person as described above, shall be exempted from prosecution or punishment for the offense with reference to which his/her information and testimony were given, and may plead or prove the giving of such information and testimony in bar of such prosecution: Provided, that the following conditions concur:

a.   The information and testimony are necessary for the conviction of the persons described above;

b.  Such information and testimony are not yet in the possession of the State;

c.   Such information and testimony can be corroborated on its material points;

d. The informant or witness has not been previously convicted of a crime involving moral turpitude, except when there is no other direct evidence available for the State other than the information and testimony of said informant or witness; and

e.   The informant or witness shall strictly and faithfully comply without delay, any condition or undertaking, reduced into writing, lawfully imposed by the state as further consideration for the grant of immunity from prosecution and punishment

Provided, further, that this immunity may be enjoyed by such informant or witness who does not appear to be most guilty for the offense with reference to which his/her information or testimony were given; Provided, finally, that there is no direct evidence available for the State except for the information and testimony of the said informant or witness.

Section 34

Termination of the Grant of Immunity

The immunity granted to the informant or witness, as prescribed in Section 33 of the Act, shall not attach should it turn out subsequently that the information and/or testimony is false, malicious or made only for the purpose of harassing, molesting or in any way prejudicing the persons described in the preceding Section against whom such information or testimony is directed. In such case, the informant or witness shall be subject to prosecution and the enjoyment of all rights and benefits previously accorded to him under the Act or any other law, decree or order shall be deemed terminated.

In case an informant or witness under the Act fails or refuses to testify without just cause, and when lawfully obliged to do so, or should he/she violate any condition accompanying such immunity as provide above, his/her immunity shall be removed and he/she shall likewise be subject to contempt and/or criminal prosecution, as the case may be, and the enjoyment of all rights and benefits previously accorded him under the Act or in any other law, decree or order shall be deemed terminated.

In case the informant or witness referred to under the Act falls under the applicability of this Section hereof, such individual cannot avail of the provisions under Article VIII of the Act.

Section 35

Accessory Penalties

A person convicted under the Act shall be disqualified to exercise his/her civil rights such as, but not limited to, the rights of parental authority or guardianship, either as to the person or property of any ward, the rights to dispose of such property by any act or any conveyance inter vivos, and political rights such as, but not limited to, the right to vote and be voted for. Such rights shall also be suspended during the pendency of an appeal from such conviction

ARTICLE III

DANGEROUS DRUGS TEST AND RECORDS REQUIREMENTS

Section 36

Authorized Drug Testing

Authorized drug testing shall be done by any government forensic laboratory or by any of the drug testing laboratories accredited and monitored by the DOH to safeguard the quality of test results. The DOH shall take steps in setting the price of the drug test with DOH accredited drug testing centers to further reduce the cost of such drug test. The drug testing shall employ, among others, two testing methods, the screening test which will determine the positive result as well as the type of the drug used and the confirmatory test which will confirm a positive screening test. Drug test certificates issued by accredited drug testing centers shall be valid for a one–year period from the date of issue which may be used for other purposes. The following shall undergo drug testing:

a.   Applicants for driver license

No driver shall be issued or renewed to any person unless he/she presents a certification that he/she has undergone a mandatory drug test and indicating thereon that he/she is free from the sue of dangerous drugs: Provided, that the Land Transportation Office shall see to it that no driver’s license is issued without a drug test certificate indicating that the applicant is drug–free; Provided, further, that all drug testing expenses will be borne by these licensees;

b.   Applicants for firearm’s license and for permit to carry firearms outside of residence

All applicants for firearms license and permit to carry firearms outside of residence shall undergo a mandatory drug test to ensure that they are free from the use of dangerous drugs; Provided, that all persons who by the nature of their profession carry firearms shall undergo drug testing; Provided, further, that the Philippine National Police shall ensure that no firearm’s license or permit is issued without a drug test certificate indicating that the applicant is drug–free; provided, finally, that all drug testing expenses will be borne by said licensees and permits;

c.   Students of tertiary and secondary schools

Students of tertiary and secondary schools shall, pursuant to the related rules and regulations as contained in the school’s student handbook and with notice to the parents, undergo a random drug testing: Provided, that all drug testing expenses whether in public or private schools under this Section will be borne by the government; Provided, further, that the Department of Education and the Commission on Higher Education, as the case may be, shall see to it that the provision is implemented;

d.  Officers and employees of public and private offices

Officers and employees of public and private offices, whether domestic or overseas, shall undergo a random drug test as contained in the company’s work rules and regulations, which shall be borne by the employer, for purposes of reducing the risk in the workplace. Any officer or employee found positive for use of dangerous drugs shall be dealt with administratively which shall a ground for suspension or termination, subject to the provisions of Article 282 of the Labor Code and pertinent provisions of the Civil Service Law. Provided, that the Department of Labor and Employment and the Civil Service Commission, as the case may be, shall see to it that this provision is implemented;

e.   Officers and members of the military, police and other law enforcement agencies

Officers and members of the military, police and other law enforcement agencies shall undergo an annual mandatory drug test: Provided, that the respective heads of these agencies shall see to it that this provision is implemented;

f.     All person charged before the prosecutor’s office with a criminal offense having an imposable penalty of imprisonment of not less than six years and one day shall have to undergo a mandatory drug test: provided, that the National Prosecution Office shall see to it that this provision is implemented by requiring the apprehending unit to have the persons charged drug–tested; Provided, further, that all drug testing expenditures will be borne by the government, subject to the guidelines to be issued by the Board; and

g.   All candidates for public office whether appointed or elected both in the national or local government shall undergo mandatory drug test: Provided, that the Commission on Elections and the Civil Service Commission, as the case may be, shall see to it that this provision is implemented; Provided, further, that the concerned candidates will bear all the drug testing expenditures

In addition to the above stated penalties in this Section, those found to be positive for dangerous drug use shall be subject to the provisions of Section 15 of the Act.

The DOH shall be the sole drug–testing licensing/accrediting body of the government to the exclusion of all other agencies. It shall be responsible for setting the standards and guidelines of operations of these facilities, as well as the monitoring of the implementations thereof.

Section 37

Issuance of False or Fraudulent Drug Test Results

Any person authorized, licensed or accredited under the Act and its implementing rules and to conduct drug examination or test, who issues false or fraudulent drug test results knowingly, willfully or through gross negligence, shall suffer the penalty of imprisonment ranging from six years and one day to twelve years and a fine ranging from One hundred thousand pesos (P100,000.00) to Five hundred thousand pesos (P500,000.00).

An additional penalty shall be imposed through the revocation of the license to practice his/her profession in case of a practitioner, and the closure of the drug testing center.

Section 38

Laboratory Examination or Test on Apprehended/Arrested Offenders

Subject to Section 15 of the Act, any person apprehended or arrested for violating the provisions of the act shall be subjected to screening laboratory examination or test within twenty–four hours, if the apprehending or arresting officer has reasonable ground to believe that the person apprehended or arrested, on account of physical signs or symptoms or other visible or outward manifestation, is under the influence of dangerous drugs. If found to be positive, the results of the screening laboratory examination or test shall be challenged within fifteen days after receipt of the result through confirmatory test conducted in any accredited analytical laboratory equipped with a gas chromatograph/mass spectrometry equipment or some such modern and accepted method, and if confirmed, the same shall be prima facie evidence that such person has used dangerous drugs, which is without prejudice for the prosecution for other violations of the provisions of the Act: Provided, that a positive screening laboratory test must be confirmed for it to be valid in the court of law.

Section 39

Accreditation of Drug Testing Centers and Physicians

The DOH shall be tasked to license and accredit drug testing centers in each province and city in order to assure their capacity, competence, integrity and stability to conduct the laboratory examinations and tests provided in this Article, and appoint such technical and other personnel as may be necessary for the effective implementation of this provision. The DOH shall also accredit physicians who shall conduct the drug dependency examination of a drug dependent, as well as the after–care and follow–up program for the said drug dependent. There shall be a control regulations, licensing and accreditation division under the supervision of the DOH for this purpose.

For this purpose, the DOH shall establish, operate and maintain drug testing centers in government hospitals, which must be provided at least with basic technologically advanced equipment and materials, in order to conduct the laboratory examinations and tests herein provided, and appoint such qualified and duly trained technical and other personnel as may be necessary for the effective implementation of this provision.

The DOH, in coordination with the DDB, shall issue Orders, Memoranda or Circulars providing for the implementing guidelines and specific technical requirements related to licensing and accreditation.

Section 40

Records Required for Transactions on Dangerous Drugs and Precursors and Essential Chemicals

a.   Every pharmacist dealing in dangerous drugs and/or controlled precursors and essential chemicals shall maintain and keep an original record of sales, purchases, acquisitions and deliveries of dangerous drugs, indicating therein the following information:

(1)   License number and address of the pharmacist

(2)   Name, address and license of the manufacturer, imported or wholesaler from whom the dangerous drugs have been purchased;

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

(4)   Date of acquisition or purchase;

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

(6)    Serial number of the prescription and the name of the physician, dentist, veterinarian or practitioner issuing the same;

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

(8)   Date of sale or delivery

A certified true copy of such record covering a period of six months, duly signed by the pharmacist or the owner of the drugstore, pharmacy or chemical establishment, shall be forwarded to the Board within fifteen days following the last day of June and December of each year, with a copy thereof furnished the city or municipal health officer concerned.

b.   A physician, dentist, veterinarian or practitioner authorized to prescribe any dangerous drug shall issue the prescription therefor in one original and two duplicate copies. The original, after the prescription has been filled, shall be retained by the pharmacist for a period of one year from the date of sale or delivery of such drug. One copy shall be retained by the buyer or by the person to whom the drug is delivered until such drug is consumed, while the second copy shall be retained by the person issuing the prescription.

For purposes of the Act, all prescriptions issued by physicians, dentist, veterinarians or practitioners shall be written on forms exclusively issued by and obtainable from the DOH. Such forms shall be made of a special kind of paper and shall be distributed in such quantities and contain such information and other data as the DOH may, by rules and regulations, require. Such forms shall only be issued by the DOH through its authorized employees to licensed physicians, dentists, veterinarians and practitioners in such quantities as the Board may authorize. In emergency cases, however, as the Board may specify in the public interest, a prescription need not be accomplished on such forms. The prescribing physicians, dentists, veterinarians or practitioner shall, within three days after issuing such prescription, inform the DOH of the same in writing. No prescription once served by the drugstore or pharmacy be reused nor any prescription once issued be refilled.

c.    All manufacturers, wholesalers, distributors, importers, dealers and retailers of dangerous drugs and/or controlled precursors and essential chemicals shall keep a record of all inventories, sales, purchases, acquisitions and deliveries of the same as the names, addresses and licenses of the persons from whom such items were purchased or acquired or to whom such items were sold or delivered, the name and quantity of the same and the date of the transactions. Such records may be subjected anytime for review by the Board

ARTICLE IV

PARTICIPATION OF THE FAMILY, STUDENTS, TEACHERS AND SCHOOL AUTHORITIES IN THE ENFORCEMENT OF THE ACT

Section 41

Involvement of the Family

The family being the basic unit of the Filipino society shall be primarily responsible for the education and awareness of the members of the family on the ill effects of dangerous drugs and close monitoring of family members who may be susceptible to drug abuse.

a.   The Family

The family, particularly the parents, shall be primarily responsible for promoting and strengthening the economic, physical, social, emotional/psychological and spiritual well–being of each member in order to develop it into a healthy strong and stable one.

b.  Family Solidarity

Family solidarity shall be promoted through family rituals such as praying together and reunions, family hour for sharing experiences, hobbies and other family life enrichment activities to enhance cohesiveness, bonding and harmonious relationships among its members.

c.     Family Drug Abuse Prevention Program

The family is the best defense against drug abuse. Therefore, the prevention of drug abuse shall start within the family

(1)   The Family Drug Abuse Prevention Program is a community–based program of preparing families to protect their members against the adverse effects of drug abuse.

(2)   The objectives of the program as follows:

(a)   To raise awareness and educate families on the ill effects of drug abuse;

(b)  To equip the families with parenting and life skills towards a drug–free home; and

(c)   To organize and mobilize families to consolidate efforts in support of the program and of families at risk.

(3)   The program shall adopt the following components among others:

Advocacy and Information Education on Drug Abuse

(a)   Integrate modules on drug prevention in existing parent education and family life programs and services

Capability Building of Parents and Youth on the Prevention of Dangerous Drugs

(a)   Conduct capability–building programs for families, community leaders and service providers on health, socio–cultural, psychological, legal and economic dimensions and implications of the drug problem;

(b)  Conduct life skills and leadership training, peer counseling and values education towards the promotion of a positive lifestyle.

Social Mobilization

(a)   Organize and promote family councils as advocates of drug abuse prevention;

(b)  Organize family peers support groups to strengthen coping capability of families in handling drug–related problems and issues

Networking and Alliance Building

(a)   Network and build alliance with anti–drug councils, and agencies/institutions handling drug abuse cases.

d.     Adoption of the Program

The Program shall be adopted by the national government agencies (NGAs), local government units (LGUs), non–government organizations (NGOs) and other concerned entities

e.      Monitoring and Evaluation

The Program shall be monitored and evaluated by the DSWD for enrichment.

Section 42

Student Council and Campus Organizations

All elementary, secondary and tertiary schools student councils and campus organizations shall include in their activities a program for the prevention of and deterrence in the use of dangerous drugs, and referral for treatment and rehabilitation of students for drug dependence.

The student governments/councils and legitimate school organizations of all private and public schools shall:

a.   Include dangerous drug abuse awareness and prevention in the objectives, programs and projects provided for in their respective Constitution and By–Laws

b.   Have detailed plans of action of their projects duly approved, with the implementation of the same, monitored and evaluated by the school heads/teacher–advisers;

c.    Participate actively in drug abuse prevention programs and training activities initiated by the government organizations (GOs) and non–government organizations (NGOs) in the community, as part of the their extension services/co–curricular activities;

d.  Implement programs/projects focused on, but not limited to, information campaigns, peer counseling, life skills and leadership trainings; and

e.    Coordinate with the school administration relative to the treatment and rehabilitation of students with drug–related problems.

Section 43

School Curricula

Instruction on drug abuse prevention and control shall be integrated in the elementary, secondary and tertiary curricula of all public and private schools, whether general, technical, vocational or agro–industrial as well as in non–formal, informal and indigenous learning systems. Such instructions shall include:

a.   Adverse effects of the abuse and misuse of dangerous drugs on the person, the family, the school and the community;

b.  Preventive measure against drug abuse;

c.   Health, socio–cultural, psychological, legal and economic dimensions and implications of the drug problem;

d.  Steps to take when intervention on behalf of a drug dependent is needed, as well as the services available for the treatment and rehabilitation of drug dependents; and

e.   Misconceptions about the use of dangerous drugs such as, but not limited to, the importance and safety of dangerous drugs for medical and therapeutic use as well as the differentiation between medical patients and drug dependents in order to avoid confusion and accidental stigmatization in the consciousness of the students.

The Department of Education (DepEd) shall:

1.   Integrate drug abuse prevention concepts into such subjects as, but not limited to, Science and Health and Makabayan at the elementary level, and Science and Technology and Makabayan at the secondary level;

2.   Integrate such concepts in the Non–formal Education Program, particularly in functional education and literacy, continuing education and values education;

3.   Continuously develop, update and adopt learning packages to support the existing drug education concepts/contents in the textbooks and other instructional materials;

4.   Support the National Drug Education Program (NDEP), with the school head fully responsible for its effective implementation; and

5.   Mobilize the school health and nutrition personnel to supplement and complement classroom instruction by communicating drug abuse prevention messages to the students, teachers and parents.

The Commission on Higher Education (CHED) shall continue to enrich and update the integration of dangerous drug prevention concerns, in the general education components of all higher education course offerings, as well as in the professional subjects particularly that of health–related, other Science and Teacher Education courses.

The Technical Education and Skills Development Authority (TESDA) shall:

1.   Integrate drug abuse prevention concepts in the technical, vocational and agro–industrial courses; and

2.   Include such concepts in appropriate instructional materials for technical education and skills development.

The DepEd, CHED and TESDA shall:

1.   Provide a continuing in–service training of teachers on the effective utilization of the support instructional materials and on teaching strategies on drug education

2.   Continuously monitor and evaluate the effectiveness of the overall impact of the dangerous drug abuse prevention program through their respective regional/field offices;

3.   Secure funds from local and foreign donor agencies for the implementation of the drug education program whenever possible;

4.   Enlist the assistance of any government agency or instrumentality to carry out the objectives of the education program; and

5.   Include the pertinent provisions of the Act as one of the major topics of drug education in appropriate courses.

Section 44

Heads, Supervisors, and Teachers of Schools

For the purpose of enforcing the provision of Article II of the Act, all school heads, supervisors and teachers shall be deemed persons in authority and, as such, are hereby empowered to apprehend, arrest or cause the apprehension or arrest of any person who shall violate any of the said provisions, pursuant to Section 5, Rule 113 of the Rules of Court. They shall be deemed persons in authority if they are in the school or within its immediate vicinity, or even beyond such immediate vicinity if they are in attendance at any school or class function in their official capacity as school heads, supervisors, and teachers.

Any teacher or school employee, who discovers or finds that any person in the school or within its immediate vicinity is liable for violating any of said provisions, shall have the duty to report the same to the school head or immediate superior who shall, in turn, report the matter to the proper authorities.

Failure to do so in either case, within a reasonable period from the time of discovery of the violation shall, after due hearing, constitute sufficient cause for disciplinary action by the school authorities.

a.   The school head, supervisors and teachers:

(1)   Shall effect the arrest of any person violating Article II of the Act inside the school campus and/or within its immediate vicinity or in other places as provided for in Section 44 of the Act, and turn over the investigation of the case to the PDEA;

(2)   May summon the services of other law enforcement agencies to arrest or cause the apprehension or arrest of persons violating Article II of the Act;

(3)   Shall be trained on arrest and other legal procedures relative to the conduct of arrest of violators of the Act along with student leaders and Parents–Teachers Association (PTA) officials; and

(4)   Shall refer the students or any other violators found to be using dangerous drugs to the proper agency/office.

b.  A Special Unit or Task Force from existing school personnel, student leaders and PTA officials shall be organized in every school and trained to assist in the apprehension or arrest of violators of Article II of the Act within their areas of jurisdiction.

c.   Appropriate protection of the concerned school officials shall be put in place to ensure personal security and peace of mind among them, such as free legal assistance, police protection and any other assistance as may be deemed necessary.

Section 45

Publication and Distribution of Materials on Dangerous Drugs    

With the assistance of the Board, the Secretary of the Department of Education (DepEd), the Chairperson of the Commission on Higher Education (CHED), and the Director–General of the Technical Education and Skills Development Authority (TESDA) shall cause the development publication and distribution of information and support educational materials on dangerous drugs to the students, the faculty, the parents and the community.

a.   DepEd, CHED and TESDA shall develop and provide adequate information materials on dangerous drug abuse and prevention;

b.  An Evaluation Committee composed of DepEd, CHED, TESDA, DOH and DDB shall be organized, the main task of which, is to determine the appropriateness of all instructional and information materials to be used in schools; and

c.   DepEd, CHED and TESDA shall include drug abuse prevention and control activities in their Manual of Regulations/Service Manual. Schools, colleges and universities shall include information/guidelines on drug abuse prevention and control in the Student’s Handblook/Gabay sa Mag–aaral and school publications/official organs.

Section 46

Special Drug Education Center

With the assistance of the Board, the Department of Interior and Local Government (DILG), the National Youth Commission (NYC), and the Department of Social Welfare and Development (DSWD) shall establish in each of its provincial office a special drug education center for out–of–school youth and street children. Such center which shall be headed by the Provincial Social Welfare Development Officer shall sponsor drug prevention programs and activities and information campaigns with the end in view of educating the out–of–school youth and street children regarding the pernicious effects of drug abuse. The programs initiated by the center shall likewise be adopted in all public and private orphanage and existing centers for street children.

a.   The Establishment of Special Drug Education Center (SDEC)

(1)   A Special Drug Education Center for out–of–school youth and street children shall be established in every province to be headed by a Provincial Social Welfare Development Officer (PSWDO). The concerned Provincial Government shall establish and maintain the center with the assistance of the Board, the DILG, the NYC and the DSWD.

The SDEC in the province may serve the out–of–school youth and children in the component cities and municipalities within its geographical coverage. However, highly urbanized and non–component cities shall be encouraged to establish their own SDECs to carry out an effective drug education prevention program.

(2)   The SDEC may established through any of the following manner:

(a)   As part of existing facilities of any government organization (GO), non–government organization (NGO), civic, labor or religious organization, or the private sector; or

(b)  As a new center constructed through government funds, donations, grants and the like.

(3)   The Provincial Government shall provide the personnel, supplies, equipment and others as it may deem necessary to carry out the effective implementation of a preventive drug education program. The Board, DILG, NYC and DSWD shall provide support in the operation of the SDEC.

b.  Functions of the SDEC

It shall exercise the following:

(1)   Develop and implement drug abuse prevention programs such as community information and education activities on the ill effects of drug abuse, literacy programs, skills and livelihood activities, among others, for out–of–school youth, street children and their parents;

(2)   Conduct life skills and leadership training, per counseling and values education towards the promotion of a positive lifestyle;

(3)   Advocate local legislations, policies and programs as well as generate resources to support the SDEC;

(4)   Maintain a data bank on out–of–school youth, street children and young drug dependents; and

(5)   Establish linkages with anti–drug abuse councils, youth–serving agencies, youth organizations, rehabilitation centers, after–care facilities and other networks to ensure coordinated efforts in the prevention of drug abuse;

c.    Roles and Responsibilities of DILG, NYC and DSWD

The following agencies shall have their respective roles and responsibilities:

The Dangerous Drugs Board (DDB)

(1)   Develop a national prevention program, in cooperation with the DILG, NYC and DSWD, designed for out–of–school youth and street children.

(2)   Require the SDECs to submit periodic reports on their activities pertaining to said program.

Department of Interior and Local Government (DILG)

(1)   Assist and monitor the Provincial Government in order to ensure the establishment of the SDEC;

(2)   Provide technical assistance on the operation and management of the SDEC;

(3)   Establish linkages with local, national and international agencies for technical and financial support to the SDEC; and

(4)   Monitor and ensure the submission of SDEC reports to the Board

National Youth Commission (NYC)

(1)   Conduct life skills training to the out–of–school youth street children and young drug dependents; and

(2)   Provide access to existing programs/services of NYC, such as, but not limited to, ship for Southeast Asian Youth Program, Youth Entrepreneurship Program, and National Youth Parliament and Government Internship Program.

Department of Social Welfare and Development (DSWD)

(1)   Provide technical assistance in the development of a drug abuse prevention program;

(2)   Undertake training/capability building activities for center staff;

(3)   Develop standards for the SDEC; and

(4)   Accredit SDEC and monitor its compliance with set standards.

d. Programs of the SDEC

The programs of the SDEC shall be accredited by the DSWD and the adopted in all private and public orphanages/child caring agencies and existing special center whenever applicable.

e.    Appropriations

The funds for the establishment and maintenance of the SDEC shall be sourced out from the following:

(1)   Annual budget of the Local Social Welfare and Development Office;

(2)   Development funds of the LGU subject to the approval of the Sangguniang Panlalawigan; and

(3)   Other sources, such as, but not limited to, share from the Philippine Amusement and Gaming Corporation (PAGCOR) and gaming and amusement centers.