REPUBLIC ACT NO. 9165 June 7, 2002 (c) Centers.
(c) Centers. - Any of the treatment and rehabilitation centers for drug dependents referred to
AN ACT INSTITUTING THE COMPREHENSIVE DANGEROUS DRUGS ACT OF 2002, REPEALING
REPUBLIC ACT NO. 6425, OTHERWISE KNOWN AS THE DANGEROUS DRUGS ACT OF 1972,
AS AMENDED, PROVIDING FUNDS THEREFOR, AND FOR OTHER PURPOSES
Be it enacted by the Senate and House of Representatives of the Philippines in Congress
Section 1. Short Title. This Act shall be known and cited as the "Comprehensive Dangerous
Drugs Act of 2002".
Section 2. Declaration of Policy. It is the policy of the State to safeguard the integrity of its
territory and the well-being of its citizenry particularly the youth, from the harmful effects of
dangerous drugs on their physical and mental well-being, and to defend the same against
acts or omissions detrimental to their development and preservation. In view of the
foregoing, the State needs to enhance further the efficacy of the law against dangerous
drugs, it being one of today's more serious social ills.
Toward this end, the government shall pursue an intensive and unrelenting campaign against
the trafficking and use of dangerous drugs and other similar substances through an
integrated system of planning, implementation and enforcement of anti-drug abuse policies,
programs, and projects. The government shall however aim to achieve a balance in the
national drug control program so that people with legitimate medical needs are not
prevented from being treated with adequate amounts of appropriate medications, which
include the use of dangerous drugs.
It is further declared the policy of the State to provide effective mechanisms or measures to
re-integrate into society individuals who have fallen victims to drug abuse or dangerous drug
dependence through sustainable programs of treatment and rehabilitation.
ARTICLE I
Definition of terms
Section 3. Definitions. As used in this Act, the following terms shall mean:
(a) Administer. Any act of introducing any dangerous drug into the body of any person, with
or without his/her knowledge, by injection, inhalation, ingestion or other means, or of
committing any act of indispensable assistance to a person in administering a dangerous drug
to himself/herself unless administered by a duly licensed practitioner for purposes of
medication.
(b) Board. - Refers to the Dangerous Drugs Board under Section 77, Article IX of this Act.
in Section 34, Article VIII of this Act.
(d) Chemical Diversion. The sale, distribution, supply or transport of legitimately imported,
in-transit, manufactured or procured controlled precursors and essential chemicals, in
diluted, mixtures or in concentrated form, to any person or entity engaged in the
manufacture of any dangerous drug, and shall include packaging, repackaging, labeling,
relabeling or concealment of such transaction through fraud, destruction of documents,
fraudulent use of permits, misdeclaration, use of front companies or mail fraud.
(e) Clandestine Laboratory. Any facility used for the illegal manufacture of any dangerous
drug and/or controlled precursor and essential chemical.
(f) Confirmatory Test. An analytical test using a device, tool or equipment with a different
chemical or physical principle that is more specific which will validate and confirm the result
of the screening test.
(g) Controlled Delivery. The investigative technique of allowing an unlawful or suspect
consignment of any dangerous drug and/or controlled precursor and essential chemical,
equipment or paraphernalia, or property believed to be derived directly or indirectly from
any offense, to pass into, through or out of the country under the supervision of an
authorized officer, with a view to gathering evidence to identify any person involved in any
dangerous drugs related offense, or to facilitate prosecution of that offense.
(h) Controlled Precursors and Essential Chemicals. Include those listed in Tables I and II of
the 1988 UN Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances
as enumerated in the attached annex, which is an integral part of this Act.
(i) Cultivate or Culture. Any act of knowingly planting, growing, raising, or permitting the
planting, growing or raising of any plant which is the source of a dangerous drug.
(j) Dangerous Drugs. Include those listed in the Schedules annexed to the 1961 Single
Convention on Narcotic Drugs, as amended by the 1972 Protocol, and in the Schedules
annexed to the 1971 Single Convention on Psychotropic Substances as enumerated in the
attached annex which is an integral part of this Act.
(k) Deliver. Any act of knowingly passing a dangerous drug to another, personally or
otherwise, and by any means, with or without consideration.
(l) Den, Dive or Resort. A place where any dangerous drug and/or controlled precursor and
essential chemical is administered, delivered, stored for illegal purposes, distributed, sold or
used in any form.
(m) Dispense. Any act of giving away, selling or distributing medicine or any dangerous drug
with or without the use of prescription.
(n) Drug Dependence. As based on the World Health Organization definition, it is a cluster
of physiological, behavioral and cognitive phenomena of variable intensity, in which the use
of psychoactive drug takes on a high priority thereby involving, among others, a strong desire
or a sense of compulsion to take the substance and the difficulties in controlling substance-
taking behavior in terms of its onset, termination, or levels of use.
(o) Drug Syndicate. Any organized group of two (2) or more persons forming or joining
together with the intention of committing any offense prescribed under this Act.
(p) Employee of Den, Dive or Resort. The caretaker, helper, watchman, lookout, and other
persons working in the den, dive or resort, employed by the maintainer, owner and/or
operator where any dangerous drug and/or controlled precursor and essential chemical is
administered, delivered, distributed, sold or used, with or without compensation, in
connection with the operation thereof.
(q) Financier. Any person who pays for, raises or supplies money for, or underwrites any of
the illegal activities prescribed under this Act.
(r) Illegal Trafficking. The illegal cultivation, culture, delivery, administration, dispensation,
manufacture, sale, trading, transportation, distribution, importation, exportation and
possession of any dangerous drug and/or controlled precursor and essential chemical.
(s) Instrument. Any thing that is used in or intended to be used in any manner in the
commission of illegal drug trafficking or related offenses.
(t) Laboratory Equipment. The paraphernalia, apparatus, materials or appliances when
used, intended for use or designed for use in the manufacture of any dangerous drug and/or
controlled precursor and essential chemical, such as reaction vessel, preparative/purifying
equipment, fermentors, separatory funnel, flask, heating mantle, gas generator, or their
substitute.
(u) Manufacture. The production, preparation, compounding or processing of any
dangerous drug and/or controlled precursor and essential chemical, either directly or
indirectly or by extraction from substances of natural origin, or independently by means of
chemical synthesis or by a combination of extraction and chemical synthesis, and shall
include any packaging or repackaging of such substances, design or configuration of its form,
or labeling or relabeling of its container; except that such terms do not include the
preparation, compounding, packaging or labeling of a drug or other substances by a duly
authorized practitioner as an incident to his/her administration or dispensation of such drug
or substance in the course of his/her professional practice including research, teaching and
chemical analysis of dangerous drugs or such substances that are not intended for sale or for
any other purpose.
(v) Cannabis or commonly known as "Marijuana" or "Indian Hemp" or by its any other name.
Embraces every kind, class, genus, or specie of the plant Cannabis sativa L. including, but
not limited to, Cannabis americana, hashish, bhang, guaza, churrus and ganjab, and
embraces every kind, class and character of marijuana, whether dried or fresh and flowering,
flowering or fruiting tops, or any part or portion of the plant and seeds thereof, and all its
geographic varieties, whether as a reefer, resin, extract, tincture or in any form whatsoever.
(w) Methylenedioxymethamphetamine (MDMA) or commonly known as "Ecstasy", or by its
any other name. Refers to the drug having such chemical composition, including any of its
isomers or derivatives in any form.
(x) Methamphetamine Hydrochloride or commonly known as "Shabu", "Ice", "Meth", or by
its any other name. Refers to the drug having such chemical composition, including any of
its isomers or derivatives in any form.
(y) Opium. Refers to the coagulated juice of the opium poppy (Papaver somniferum L.) and
embraces every kind, class and character of opium, whether crude or prepared; the ashes or
refuse of the same; narcotic preparations thereof or therefrom; morphine or any alkaloid of
opium; preparations in which opium, morphine or any alkaloid of opium enters as an
ingredient; opium poppy; opium poppy straw; and leaves or wrappings of opium leaves,
whether prepared for use or not.
(z) Opium Poppy. Refers to any part of the plant of the species Papaver somniferum L.,
Papaver setigerum DC, Papaver orientale, Papaver bracteatum and Papaver rhoeas, which
includes the seeds, straws, branches, leaves or any part thereof, or substances derived
therefrom, even for floral, decorative and culinary purposes.
(aa) PDEA. Refers to the Philippine Drug Enforcement Agency under Section 82, Article IX of
this Act.
(bb) Person. Any entity, natural or juridical, including among others, a corporation,
partnership, trust or estate, joint stock company, association, syndicate, joint venture or
other unincorporated organization or group capable of acquiring rights or entering into
obligations.
(cc) Planting of Evidence. The willful act by any person of maliciously and surreptitiously
inserting, placing, adding or attaching directly or indirectly, through any overt or covert act,
whatever quantity of any dangerous drug and/or controlled precursor and essential chemical
in the person, house, effects or in the immediate vicinity of an innocent individual for the
purpose of implicating, incriminating or imputing the commission of any violation of this Act.
(dd) Practitioner. Any person who is a licensed physician, dentist, chemist, medical
technologist, nurse, midwife, veterinarian or pharmacist in the Philippines.
(ee) Protector/Coddler. Any person who knowingly and willfully consents to the unlawful
acts provided for in this Act and uses his/her influence, power or position in shielding,
harboring, screening or facilitating the escape of any person he/she knows, or has reasonable
grounds to believe on or suspects, has violated the provisions of this Act in order to prevent
the arrest, prosecution and conviction of the violator.
(ff) Pusher. Any person who sells, trades, administers, dispenses, delivers or gives away to
another, on any terms whatsoever, or distributes, dispatches in transit or transports
dangerous drugs or who acts as a broker in any of such transactions, in violation of this Act.
(gg) School. Any educational institution, private or public, undertaking educational
operation for pupils/students pursuing certain studies at defined levels, receiving instructions
from teachers, usually located in a building or a group of buildings in a particular physical or
cyber site.
(hh) Screening Test. A rapid test performed to establish potential/presumptive positive
result.
(ii) Sell. Any act of giving away any dangerous drug and/or controlled precursor and
essential chemical whether for money or any other consideration.
(jj) Trading. Transactions involving the illegal trafficking of dangerous drugs and/or
controlled precursors and essential chemicals using electronic devices such as, but not
limited to, text messages, email, mobile or landlines, two-way radios, internet, instant
messengers and chat rooms or acting as a broker in any of such transactions whether for
money or any other consideration in violation of this Act.
(kk) Use. Any act of injecting, intravenously or intramuscularly, of consuming, either by
chewing, smoking, sniffing, eating, swallowing, drinking or otherwise introducing into the
physiological system of the body, and of the dangerous drugs.
ARTICLE II
Unlawful Acts and Penalties
Section 4. Importation of Dangerous Drugs and/or Controlled Precursors and Essential
Chemicals.- .The penalty of life imprisonment to death and a ranging from Five hundred
thousand pesos (P500,000.00) to Ten million pesos (P10,000,000.00) shall be imposed upon
any person, who, unless authorized by law, shall import or bring into the Philippines any
dangerous drug, regardless of the quantity and purity involved, including any and all species
of opium poppy or any part thereof or substances derived therefrom even for floral,
decorative and culinary purposes.
The penalty of imprisonment ranging from twelve (12) years and one (1) day to twenty (20)
years and a fine ranging from One hundred thousand pesos (P100,000.00) to Five hundred
thousand pesos (P500,000.00) shall be imposed upon any person, who, unless authorized by
law, shall import any controlled precursor and essential chemical.
The maximum penalty provided for under this Section shall be imposed upon any person,
who, unless authorized under this Act, shall import or bring into the Philippines any
dangerous drug and/or controlled precursor and essential chemical through the use of a
diplomatic passport, diplomatic facilities or any other means involving his/her official status
intended to facilitate the unlawful entry of the same. In addition, the diplomatic passport
shall be confiscated and canceled.
The maximum penalty provided for under this Section shall be imposed upon any person,
who organizes, manages or acts as a "financier" of any of the illegal activities prescribed in
this Section.
The penalty of twelve (12) years and one (1) day to twenty (20) years of imprisonment and a
fine ranging from One hundred thousand pesos (P100,000.00) to Five hundred thousand
pesos (P500,000.00) shall be imposed upon any person, who acts as a "protector/coddler" of
any violator of the provisions under this Section.
Section 5. Sale, Trading, Administration, Dispensation, Delivery, Distribution and
Transportation of Dangerous Drugs and/or Controlled Precursors and Essential Chemicals. -
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) shall be imposed upon any
person, who, unless authorized by law, shall sell, trade, administer, dispense, deliver, give
away to another, distribute dispatch in transit or transport any dangerous drug, including any
and all species of opium poppy regardless of the quantity and purity involved, or shall act as a
broker in any of such transactions.
The penalty of imprisonment ranging from twelve (12) years and one (1) day to twenty (20)
years and a fine ranging from One hundred thousand pesos (P100,000.00) to Five hundred
thousand pesos (P500,000.00) shall be imposed upon any person, who, unless authorized by
law, shall sell, trade, administer, dispense, deliver, give away to another, distribute, dispatch
in transit or transport any controlled precursor and essential chemical, or shall act as a broker
in such transactions.
If the sale, trading, administration, dispensation, delivery, distribution or transportation of
any dangerous drug and/or controlled precursor and essential chemical transpires within one
hundred (100) meters from the school, the maximum penalty shall be imposed in every case.
For drug pushers who use minors or mentally incapacitated individuals as runners, couriers
and messengers, or in any other capacity directly connected to the dangerous drugs and/or
controlled precursors and essential chemical trade, the maximum penalty shall be imposed in
every case.
If the victim of the offense is a minor or a mentally incapacitated individual, or should a
dangerous drug and/or a controlled precursor and essential chemical involved in any offense
herein provided be the proximate cause of death of a victim thereof, the maximum penalty
provided for under this Section shall be imposed.
The maximum penalty provided for under this Section shall be imposed upon any person who
organizes, manages or acts as a "financier" of any of the illegal activities prescribed in this
Section.
The penalty of twelve (12) years and one (1) day to twenty (20) years of imprisonment and a
fine ranging from One hundred thousand pesos (P100,000.00) to Five hundred thousand
pesos (P500,000.00) shall be imposed upon any person, who acts as a "protector/coddler" of
any violator of the provisions under this Section.
Section 6. Maintenance of a Den, Dive or Resort. - 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) shall be imposed upon any person or group of persons who shall maintain a
den, dive or resort where any dangerous drug is used or sold in any form.
The penalty of imprisonment ranging from twelve (12) years and one (1) day to twenty (20)
years and a fine ranging from One hundred thousand pesos (P100,000.00) to Five hundred
thousand pesos (P500,000.00) shall be imposed upon any person or group of persons who
shall maintain a den, dive, or resort where any controlled precursor and essential chemical is
used or sold in any form.
The maximum penalty provided for under this Section shall be imposed in every case where
any dangerous drug is administered, delivered or sold to a minor who is allowed to use the
same in such a place.
Should any dangerous drug be the proximate cause of the death of a person using the same
in such den, dive or resort, the penalty of death and a fine ranging from One million
(P1,000,000.00) to Fifteen million pesos (P500,000.00) shall be imposed on the maintainer,
owner and/or operator.
If such den, dive or resort is owned by a third person, the same shall be confiscated and
escheated in favor of the government: Provided, That the criminal complaint shall specifically
allege that such place is intentionally used in the furtherance of the crime: Provided, further,
That the prosecution shall prove such intent on the part of the owner to use the property for
such purpose: Provided, finally, That the owner shall be included as an accused in the
criminal complaint.
The maximum penalty provided for under this Section shall be imposed upon any person who
organizes, manages or acts as a "financier" of any of the illegal activities prescribed in this
Section.
The penalty twelve (12) years and one (1) day to twenty (20) years of imprisonment and a
fine ranging from One hundred thousand pesos (P100,000.00) to Five hundred thousand
pesos (P500,000.00) shall be imposed upon any person, who acts as a "protector/coddler" of
any violator of the provisions under this Section.
Section 7. Employees and Visitors of a Den, Dive or Resort. - The penalty of imprisonment
ranging from twelve (12) years and one (1) day to twenty (20) years and a fine ranging from
One hundred thousand pesos (P100,000.00) to Five hundred thousand pesos (P500,000.00)
shall be imposed upon:
(a) Any employee of a den, dive or resort, who is aware of the nature of the place
as such; and
(b) Any person who, not being included in the provisions of the next preceding,
paragraph, is aware of the nature of the place as such and shall knowingly visit the
same
Section 8. Manufacture of Dangerous Drugs and/or Controlled Precursors and Essential
Chemicals. - The penalty of life imprisonment to death and a fine ranging Five hundred
thousand pesos (P500,000.00) to Ten million pesos (P10,000,000.00) shall be imposed upon
any person, who, unless authorized by law, shall engage in the manufacture of any
dangerous drug.
The penalty of imprisonment ranging from twelve (12) years and one (1) day to twenty (20)
years and a fine ranging from One hundred thousand pesos (P100,000.00) to Five hundred
thousand pesos (P500,000.00) shall be imposed upon any person, who, unless authorized by
law, shall manufacture any controlled precursor and essential chemical.
The presence of any controlled precursor and essential chemical or laboratory equipment in
the clandestine laboratory is a prima facie proof of manufacture of any dangerous drug. It
shall be considered an aggravating circumstance if the clandestine laboratory is undertaken
or established under the following circumstances:
(a) Any phase of the manufacturing process was conducted in the presence or with
the help of minor/s:
(b) Any phase or manufacturing process was established or undertaken within one
hundred (100) meters of a residential, business, church or school premises;
(c) Any clandestine laboratory was secured or protected with booby traps;
(d) Any clandestine laboratory was concealed with legitimate business operations;
or
(e) Any employment of a practitioner, chemical engineer, public official or
foreigner.
The maximum penalty provided for under this Section shall be imposed upon any person,
who organizes, manages or acts as a "financier" of any of the illegal activities prescribed in
this Section.
The penalty of twelve (12) years and one (1) day to twenty (20) years of imprisonment and a
fine ranging from One hundred thousand pesos (P100,000.00) to Five hundred thousand
pesos (P500,000.00) shall be imposed upon any person, who acts as a "protector/coddler" of
any violator of the provisions under this Section.
Section 9. Illegal Chemical Diversion of Controlled Precursors and Essential Chemicals. - The
penalty of imprisonment ranging from twelve (12) years and one (1) day to twenty (20) years
and a fine ranging from One hundred thousand pesos (P100,000.00) to Five hundred
thousand pesos (P500,000.00) shall be imposed upon any person, who, unless authorized by
law, shall illegally divert any controlled precursor and essential chemical.
Section 10. Manufacture or Delivery of Equipment, Instrument, Apparatus, and Other
Paraphernalia for Dangerous Drugs and/or Controlled Precursors and Essential Chemicals. -
The penalty of imprisonment ranging from twelve (12) years and one (1) day to twenty (20)
years and a fine ranging from One hundred thousand pesos (P100,000.00) to Five hundred
thousand pesos (P500,000.00) shall be imposed upon any person who shall deliver, possess
with intent to deliver, or manufacture with intent to deliver equipment, instrument,
apparatus and other paraphernalia for dangerous drugs, knowing, or under circumstances
where one reasonably should know, that it will be used to plant, propagate, cultivate, grow,
harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack,
repack, store, contain or conceal any dangerous drug and/or controlled precursor and
essential chemical in violation of this Act.
The penalty of imprisonment ranging from six (6) months and one (1) day to four (4) years
and a fine ranging from Ten thousand pesos (P10,000.00) to Fifty thousand pesos
(P50,000.00) shall be imposed if it will be used to inject, ingest, inhale or otherwise introduce
into the human body a dangerous drug in violation of this Act.
The maximum penalty provided for under this Section shall be imposed upon any person,
who uses a minor or a mentally incapacitated individual to deliver such equipment,
instrument, apparatus and other paraphernalia for dangerous drugs.
Section 11. Possession of Dangerous Drugs. - 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) shall be imposed upon any person, who, unless authorized by law, shall
possess any dangerous drug in the following quantities, regardless of the degree of purity
thereof:
(1) 10 grams or more of opium;
(2) 10 grams or more of morphine;
(3) 10 grams or more of heroin;
(4) 10 grams or more of cocaine or cocaine hydrochloride;
(5) 50 grams or more of methamphetamine hydrochloride or "shabu";
(6) 10 grams or more of marijuana resin or marijuana resin oil;
(7) 500 grams or more of marijuana; and
(8) 10 grams or more of other dangerous drugs such as, but not limited to,
methylenedioxymethamphetamine (MDA) or "ecstasy", paramethoxyamphetamine
(PMA), trimethoxyamphetamine (TMA), lysergic acid diethylamine (LSD), gamma
hydroxyamphetamine (GHB), and those similarly designed or newly introduced
drugs and their derivatives, without having any therapeutic value or if the quantity
possessed is far beyond therapeutic requirements, as determined and promulgated
by the Board in accordance to Section 93, Article XI of this Act.
Otherwise, if the quantity involved is less than the foregoing quantities, the penalties shall be
graduated as follows:
(1) Life imprisonment and a fine ranging from Four hundred thousand pesos
(P400,000.00) to Five hundred thousand pesos (P500,000.00), if the quantity of
methamphetamine hydrochloride or "shabu" is ten (10) grams or more but less
than fifty (50) grams;
(2) Imprisonment of twenty (20) years and one (1) day to life imprisonment and a
fine ranging from Four hundred thousand pesos (P400,000.00) to Five hundred
thousand pesos (P500,000.00), if the quantities of dangerous drugs are five (5)
grams or more but less than ten (10) grams of opium, morphine, heroin, cocaine or
cocaine hydrochloride, marijuana resin or marijuana resin oil, methamphetamine
hydrochloride or "shabu", or other dangerous drugs such as, but not limited to,
MDMA or "ecstasy", PMA, TMA, LSD, GHB, and those similarly designed or newly
introduced drugs and their derivatives, without having any therapeutic value or if
the quantity possessed is far beyond therapeutic requirements; or three hundred
(300) grams or more but less than five (hundred) 500) grams of marijuana; and
(3) Imprisonment of twelve (12) years and one (1) day to twenty (20) years and a
fine ranging from Three hundred thousand pesos (P300,000.00) to Four hundred
thousand pesos (P400,000.00), if the quantities of dangerous drugs are less than
five (5) grams of opium, morphine, heroin, cocaine or cocaine hydrochloride,
marijuana resin or marijuana resin oil, methamphetamine hydrochloride or
"shabu", or other dangerous drugs such as, but not limited to, MDMA or "ecstasy",
PMA, TMA, LSD, GHB, and those similarly designed or newly introduced drugs and
their derivatives, without having any therapeutic value or if the quantity possessed
is far beyond therapeutic requirements; or less than three hundred (300) grams of
marijuana.
Section 12. Possession of Equipment, Instrument, Apparatus and Other Paraphernalia for
Dangerous Drugs. - The penalty of imprisonment ranging from six (6) months and one (1) day
to four (4) years and a fine ranging from Ten thousand pesos (P10,000.00) to Fifty thousand
pesos (P50,000.00) shall be imposed upon any person, who, unless authorized by law, shall
possess or have under his/her control any equipment, instrument, apparatus and other
paraphernalia fit or intended for smoking, consuming, administering, injecting, ingesting, or
introducing any dangerous drug into the body: Provided, That in the case of medical
practitioners and various professionals who are required to carry such equipment,
instrument, apparatus and other paraphernalia in the practice of their profession, the Board
shall prescribe the necessary implementing guidelines thereof.
The possession of such equipment, instrument, apparatus and other paraphernalia fit or
intended for any of the purposes enumerated in the preceding paragraph shall be prima
facie evidence that the possessor has smoked, consumed, administered to himself/herself,
injected, ingested or used a dangerous drug and shall be presumed to have violated Section
15 of this Act.
Section 13. Possession of Dangerous Drugs During Parties, Social Gatherings or Meetings.
Any person found possessing any dangerous drug during a party, or at a social gathering or
meeting, or in the proximate company of at least two (2) persons, shall suffer the maximum
penalties provided for in Section 11 of this Act, regardless of the quantity and purity of such
dangerous drugs.
Section 14. Possession of Equipment, Instrument, Apparatus and Other Paraphernalia for
Dangerous Drugs During Parties, Social Gatherings or Meetings. - The maximum penalty
provided for in Section 12 of this Act shall be imposed upon any person, who shall possess or
have under his/her control any equipment, instrument, apparatus and other paraphernalia fit
or intended for smoking, consuming, administering, injecting, ingesting, or introducing any
dangerous drug into the body, during parties, social gatherings or meetings, or in the
proximate company of at least two (2) persons.
Section 15. Use of Dangerous Drugs. A person apprehended or arrested, who is found to be
positive for use of any dangerous drug, after a confirmatory test, shall be imposed a penalty
of a minimum of six (6) months rehabilitation in a government center for the first offense,
subject to the provisions of Article VIII of this Act. If apprehended using any dangerous drug
for the second time, he/she shall suffer the penalty of imprisonment ranging from six (6)
years and one (1) day to twelve (12) years and a fine ranging from Fifty thousand pesos
(P50,000.00) to Two hundred thousand pesos (P200,000.00): Provided, That this Section shall
not be applicable where the person tested is also found to have in his/her possession such
quantity of any dangerous drug provided for under Section 11 of this Act, in which case the
provisions stated therein shall apply.
Section 16. Cultivation or Culture of Plants Classified as Dangerous Drugs or are Sources
Thereof. - 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) shall be imposed upon
any person, who shall plant, cultivate or culture marijuana, opium poppy or any other plant
regardless of quantity, which is or may hereafter be classified as a dangerous drug or as a
source from which any dangerous drug may be manufactured or derived: Provided, That in
the case of medical laboratories and medical research centers which cultivate or culture
marijuana, opium poppy and other plants, or materials of such dangerous drugs for medical
experiments and research purposes, or for the creation of new types of medicine, the Board
shall prescribe the necessary implementing guidelines for the proper cultivation, culture,
handling, experimentation and disposal of such plants and materials.
The land or portions thereof and/or greenhouses on which any of said plants is cultivated or
cultured shall be confiscated and escheated in favor of the State, unless the owner thereof
can prove lack of knowledge of such cultivation or culture despite the exercise of due
diligence on his/her part. If the land involved is part of the public domain, the maximum
penalty provided for under this Section shall be imposed upon the offender.
The maximum penalty provided for under this Section shall be imposed upon any person,
who organizes, manages or acts as a "financier" of any of the illegal activities prescribed in
this Section.
The penalty of twelve (12) years and one (1) day to twenty (20) years of imprisonment and a
fine ranging from One hundred thousand pesos (P100,000.00) to Five hundred thousand
pesos (P500,000.00) shall be imposed upon any person, who acts as a "protector/coddler" of
any violator of the provisions under this Section.
Section 17. Maintenance and Keeping of Original Records of Transactions on Dangerous
Drugs and/or Controlled Precursors and Essential Chemicals. - The penalty of imprisonment
ranging from one (1) year and one (1) day to six (6) years and a fine ranging from Ten
thousand pesos (P10,000.00) to Fifty thousand pesos (P50,000.00) shall be imposed upon any
practitioner, manufacturer, wholesaler, importer, distributor, dealer or retailer who violates
or fails to comply with the maintenance and keeping of the original records of transactions
on any dangerous drug and/or controlled precursor and essential chemical in accordance
with Section 40 of this Act.
An additional penalty shall be imposed through the revocation of the license to practice
his/her profession, in case of a practitioner, or of the business, in case of a manufacturer,
seller, importer, distributor, dealer or retailer.
Section 18. Unnecessary Prescription of Dangerous Drugs. The penalty of imprisonment
ranging from twelve (12) years and one (1) day to twenty (20) years and a fine ranging from
One hundred thousand pesos (P100,000.00) to Five hundred thousand pesos (P500,000.00)
and the additional penalty of the revocation of his/her license to practice shall be imposed
upon the practitioner, who shall prescribe any dangerous drug to any person whose physical
or physiological condition does not require the use or in the dosage prescribed therein, as
determined by the Board in consultation with recognized competent experts who are
authorized representatives of professional organizations of practitioners, particularly those
who are involved in the care of persons with severe pain.
Section 19. Unlawful Prescription of Dangerous Drugs. 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) shall be imposed upon any person, who, unless authorized by law,
shall make or issue a prescription or any other writing purporting to be a prescription for any
dangerous drug.
Section 20. Confiscation and Forfeiture of the Proceeds or Instruments of the Unlawful Act,
Including the Properties or Proceeds Derived from the Illegal Trafficking of Dangerous Drugs
and/or Precursors and Essential Chemicals. Every penalty imposed for the unlawful
importation, sale, trading, administration, dispensation, delivery, distribution, transportation
or manufacture of any dangerous drug and/or controlled precursor and essential chemical,
the cultivation or culture of plants which are sources of dangerous drugs, and the possession
of any equipment, instrument, apparatus and other paraphernalia for dangerous drugs
including other laboratory equipment, shall carry with it the confiscation and forfeiture, in
favor of the government, of all the proceeds and properties derived from the unlawful act,
including, but not limited to, money and other assets obtained thereby, and the instruments
or tools with which the particular unlawful act was committed, unless they are the property
of a third person not liable for the unlawful act, but those which are not of lawful commerce
shall be ordered destroyed without delay pursuant to the provisions of Section 21 of this Act.
After conviction in the Regional Trial Court in the appropriate criminal case filed, the Court
shall immediately schedule a hearing for the confiscation and forfeiture of all the proceeds of
the offense and all the assets and properties of the accused either owned or held by him or
in the name of some other persons if the same shall be found to be manifestly out of
proportion to his/her lawful income: Provided, however, That if the forfeited property is a
vehicle, the same shall be auctioned off not later than five (5) days upon order of confiscation
or forfeiture.
During the pendency of the case in the Regional Trial Court, no property, or income derived
therefrom, which may be confiscated and forfeited, shall be disposed, alienated or
transferred and the same shall be in custodia legis and no bond shall be admitted for the
release of the same.
The proceeds of any sale or disposition of any property confiscated or forfeited under this
Section shall be used to pay all proper expenses incurred in the proceedings for the
confiscation, forfeiture, custody and maintenance of the property pending disposition, as
well as expenses for publication and court costs. The proceeds in excess of the above
expenses shall accrue to the Board to be used in its campaign against illegal drugs.
Section 21. Custody and Disposition of Confiscated, Seized, and/or Surrendered Dangerous
Drugs, Plant Sources of Dangerous Drugs, Controlled Precursors and Essential Chemicals,
Instruments/Paraphernalia and/or Laboratory Equipment. The PDEA shall take charge and
have custody of all dangerous drugs, plant sources of dangerous drugs, controlled precursors
and essential chemicals, as well as instruments/paraphernalia and/or laboratory equipment
so confiscated, seized and/or surrendered, for proper disposition in the following manner:
(1) The apprehending team having initial custody and control of the drugs shall,
immediately after seizure and confiscation, physically inventory and photograph
the same in the presence of the accused or the person/s from whom such items
were confiscated and/or seized, or his/her representative or counsel, a
representative from the media and the Department of Justice (DOJ), and any
elected public official who shall be required to sign the copies of the inventory and
be given a copy thereof;
(2) Within twenty-four (24) hours upon confiscation/seizure of dangerous drugs,
plant sources of dangerous drugs, controlled precursors and essential chemicals, as
well as instruments/paraphernalia and/or laboratory equipment, the same shall be
submitted to the PDEA Forensic Laboratory for a qualitative and quantitative
examination;
(3) A certification of the forensic laboratory examination results, which shall be
done under oath by the forensic laboratory examiner, shall be issued within
twenty-four (24) hours after the receipt of the subject item/s: Provided, That when
the volume of the dangerous drugs, plant sources of dangerous drugs, and
controlled precursors and essential chemicals does not allow the completion of
testing within the time frame, a partial laboratory examination report shall be
provisionally issued stating therein the quantities of dangerous drugs still to be
examined by the forensic laboratory: Provided, however, That a final certification
shall be issued on the completed forensic laboratory examination on the same
within the next twenty-four (24) hours;
(4) After the filing of the criminal case, the Court shall, within seventy-two (72)
hours, conduct an ocular inspection of the confiscated, seized and/or surrendered
dangerous drugs, plant sources of dangerous drugs, and controlled precursors and
essential chemicals, including the instruments/paraphernalia and/or laboratory
equipment, and through the PDEA shall within twenty-four (24) hours thereafter
proceed with the destruction or burning of the same, in the presence of the
accused or the person/s from whom such items were confiscated and/or seized, or
his/her representative or counsel, a representative from the media and the DOJ,
civil society groups and any elected public official. The Board shall draw up the
guidelines on the manner of proper disposition and destruction of such item/s
which shall be borne by the offender: Provided, That those item/s of lawful
commerce, as determined by the Board, shall be donated, used or recycled for
legitimate purposes: Provided, further, That a representative sample, duly weighed
and recorded is retained;
(5) The Board shall then issue a sworn certification as to the fact of destruction or
burning of the subject item/s which, together with the representative sample/s in
the custody of the PDEA, shall be submitted to the court having jurisdiction over
the case. In all instances, the representative sample/s shall be kept to a minimum
quantity as determined by the Board;
(6) The alleged offender or his/her representative or counsel shall be allowed to
personally observe all of the above proceedings and his/her presence shall not
constitute an admission of guilt. In case the said offender or accused refuses or fails
to appoint a representative after due notice in writing to the accused or his/her
counsel within seventy-two (72) hours before the actual burning or destruction of
the evidence in question, the Secretary of Justice shall appoint a member of the
public attorney's office to represent the former;
(7) After the promulgation and judgment in the criminal case wherein the
representative sample/s was presented as evidence in court, the trial prosecutor
shall inform the Board of the final termination of the case and, in turn, shall request
 the court for leave to turn over the said representative sample/s to the PDEA for
proper disposition and destruction within twenty-four (24) hours from receipt of
the same; and
(8) Transitory Provision: a) Within twenty-four (24) hours from the effectivity of this
Act, dangerous drugs defined herein which are presently in possession of law
enforcement agencies shall, with leave of court, be burned or destroyed, in the
presence of representatives of the Court, DOJ, Department of Health (DOH) and the
accused/and or his/her counsel, and, b) Pending the organization of the PDEA, the
custody, disposition, and burning or destruction of seized/surrendered dangerous
drugs provided under this Section shall be implemented by the DOH.
Section 22. Grant of Compensation, Reward and Award. The Board shall recommend to the
concerned government agency the grant of compensation, reward and award to any person
providing information and to law enforcers participating in the operation, which results in the
successful confiscation, seizure or surrender of dangerous drugs, plant sources of dangerous
drugs, and controlled precursors and essential chemicals.
Section 23. Plea-Bargaining Provision. Any person charged under any provision of this 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 for drug trafficking or pushing under this 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 provisions 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.
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 as provided under this 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 this Act.
Any elective local or national official found to have benefited from the proceeds of the
trafficking of dangerous drugs as prescribed in this Act, or have received any financial or
material contributions or donations from natural or juridical persons found guilty of
trafficking dangerous drugs as prescribed in this Act, shall be removed from office and
perpetually disqualified from holding any elective or appointive positions in the government,
its divisions, subdivisions, and intermediaries, including government-owned or controlled
corporations.
Section 28. Criminal Liability of Government Officials and Employees. The maximum
penalties of the unlawful acts provided for in this Act shall be imposed, in addition to
absolute perpetual disqualification from any public office, if those found guilty of such
unlawful acts are government officials and employees.
Section 29. Criminal Liability for Planting of Evidence. Any person who is found guilty of
"planting" any dangerous drug and/or controlled precursor and essential chemical,
regardless of quantity and purity, shall suffer the penalty of death.
Section 30. Criminal Liability of Officers of Partnerships, Corporations, Associations or Other
Juridical Entities. In case any violation of this Act is committed by a partnership,
corporation, association or any juridical entity, the partner, president, director, manager,
trustee, estate administrator, or officer who consents to or knowingly tolerates such violation
shall be held criminally liable as a co-principal.
The penalty provided for the offense under this Act shall be imposed upon the partner,
president, director, manager, trustee, estate administrator, or officer who knowingly
authorizes, tolerates or consents to the use of a vehicle, vessel, aircraft, equipment or other
facility, as an instrument in the importation, sale, trading, administration, dispensation,
delivery, distribution, transportation or manufacture of dangerous drugs, or chemical
diversion, if such vehicle, vessel, aircraft, equipment or other instrument is owned by or
under the control or supervision of the partnership, corporation, association or juridical
entity to which they are affiliated.
Section 31. Additional Penalty if Offender is an Alien. In addition to the penalties prescribed
in the unlawful act committed, any alien who violates such provisions of this Act shall, after
service of sentence, be deported immediately without further proceedings, unless the
penalty is death.
Section 32. Liability to a Person Violating Any Regulation Issued by the Board. The penalty
of imprisonment ranging from six (6) months and one (1) day to four (4) years and a fine
ranging from Ten thousand pesos (P10,000.00) to Fifty thousand pesos (P50,000.00) shall be
imposed upon any person found violating any regulation duly issued by the Board pursuant
to this Act, in addition to the administrative sanctions imposed by the Board.
Section 33. Immunity from Prosecution and Punishment. Notwithstanding the provisions of
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 this Act, who
voluntarily gives information about any violation of Sections 4, 5, 6, 8, 10, 13, and 16, Article
II of this Act as well as any violation of the offenses mentioned if committed by a drug
syndicate, or any information leading to the whereabouts, identities and arrest of all or any
of the members thereof; and who willingly testifies against such persons as described above,
shall be exempted from prosecution or punishment for the offense with reference to which
his/her information of testimony were given, and may plead or prove the giving of such
information and testimony in bar of such prosecution: Provided, That the following
conditions concur:
(1) The information and testimony are necessary for the conviction of the persons
described above;
(2) Such information and testimony are not yet in the possession of the State;
(3) Such information and testimony can be corroborated on its material points;
(4) the informant or witness has not been previously convicted of a crime involving
moral turpitude, except when there is no other direct evidence available for the
State other than the information and testimony of said informant or witness; and
(5) The informant or witness shall strictly and faithfully comply without delay, any
condition or undertaking, reduced into writing, lawfully imposed by the State as
further consideration for the grant of immunity from prosecution and punishment.
Provided, further, That this immunity may be enjoyed by such informant or witness who does
not appear to be most guilty for the offense with reference to which his/her information or
testimony were given: Provided, finally, That there is no direct evidence available for the
State except for the information and testimony of the said informant or witness.
Section 34. Termination of the Grant of Immunity. The immunity granted to the informant
or witness, as prescribed in Section 33 of this Act, shall not attach should it turn out
subsequently that the information and/or testimony is false, malicious or made only for the
purpose of harassing, molesting or in any way prejudicing the persons described in the
preceding Section against whom such information or testimony is directed against. In such
case, the informant or witness shall be subject to prosecution and the enjoyment of all rights
and benefits previously accorded him under this Act or any other law, decree or order shall
be deemed terminated.
In case an informant or witness under this Act fails or refuses to testify without just cause,
and when lawfully obliged to do so, or should he/she violate any condition accompanying
such immunity as provided above, his/her immunity shall be removed and he/she shall
likewise be subject to contempt and/or criminal prosecution, as the case may be, and the
enjoyment of all rights and benefits previously accorded him under this Act or in any other
law, decree or order shall be deemed terminated.
In case the informant or witness referred to under this Act falls under the applicability of this
Section hereof, such individual cannot avail of the provisions under Article VIII of this Act.
Section 35. Accessory Penalties. A person convicted under this Act shall be disqualified to
exercise his/her civil rights such as but not limited to, the rights of parental authority or
guardianship, either as to the person or property of any ward, the rights to dispose of such
property by any act or any conveyance inter vivos, and political rights such as but not limited
to, the right to vote and be voted for. Such rights shall also be suspended during the
pendency of an appeal from such conviction.
ARTICLE III
Dangerous Drugs Test and Record Requirements
Section 36. Authorized Drug Testing. Authorized drug testing shall be done by any
government forensic laboratories or by any of the drug testing laboratories accredited and
monitored by the DOH to safeguard the quality of test results. The DOH shall take steps in
setting the price of the drug test with DOH accredited drug testing centers to further reduce
the cost of such drug test. The drug testing shall employ, among others, two (2) testing
methods, the screening test which will determine the positive result as well as the type of the
drug used and the confirmatory test which will confirm a positive screening test. Drug test
certificates issued by accredited drug testing centers shall be valid for a one-year period from
the date of issue which may be used for other purposes. The following shall be subjected to
undergo drug testing:
(a) Applicants for driver's license. No driver's license shall be issued or renewed to
any person unless he/she presents a certification that he/she has undergone a
mandatory drug test and indicating thereon that he/she is free from the use of
dangerous drugs;
 (b) Applicants for firearm's license and for permit to carry firearms outside of
residence. All applicants for firearm's license and permit to carry firearms outside
of residence shall undergo a mandatory drug test to ensure that they are free from
the use of dangerous drugs: Provided, That all persons who by the nature of their
profession carry firearms shall undergo drug testing;
(c) Students of secondary and tertiary schools. Students of secondary and tertiary
schools shall, pursuant to the related rules and regulations as contained in the
school's student handbook and with notice to the parents, undergo a random drug
testing: Provided, That all drug testing expenses whether in public or private
schools under this Section will be borne by the government;
(d) Officers and employees of public and private offices. Officers and employees
of public and private offices, whether domestic or overseas, shall be subjected to
undergo a random drug test as contained in the company's work rules and
regulations, which shall be borne by the employer, for purposes of reducing the risk
in the workplace. Any officer or employee found positive for use of dangerous
drugs shall be dealt with administratively which shall be a ground for suspension or
termination, subject to the provisions of Article 282 of the Labor Code and
pertinent provisions of the Civil Service Law;
(e) Officers and members of the military, police and other law enforcement
agencies. Officers and members of the military, police and other law enforcement
agencies shall undergo an annual mandatory drug test;
(f) All persons charged before the prosecutor's office with a criminal offense having
an imposable penalty of imprisonment of not less than six (6) years and one (1) day
shall have to undergo a mandatory drug test; and
(g) All candidates for public office whether appointed or elected both in the
national or local government shall undergo a mandatory drug test.
In addition to the above stated penalties in this Section, those found to be positive
for dangerous drugs use shall be subject to the provisions of Section 15 of this Act.
Section 37. Issuance of False or Fraudulent Drug Test Results. Any person authorized,
licensed or accredited under this Act and its implementing rules to conduct drug examination
or test, who issues false or fraudulent drug test results knowingly, willfully or through gross
negligence, shall suffer the penalty of imprisonment ranging from six (6) years and one (1)
day to twelve (12) years and a fine ranging from One hundred thousand pesos (P100,000.00)
to Five hundred thousand pesos (P500,000.00).
An additional penalty shall be imposed through the revocation of the license to practice
his/her profession in case of a practitioner, and the closure of the drug testing center.
Section 38. Laboratory Examination or Test on Apprehended/Arrested Offenders. Subject to
Section 15 of this Act, any person apprehended or arrested for violating the provisions of this
Act shall be subjected to screening laboratory examination or test within twenty-four (24)
hours, if the apprehending or arresting officer has reasonable ground to believe that the
person apprehended or arrested, on account of physical signs or symptoms or other visible or
outward manifestation, is under the influence of dangerous drugs. If found to be positive, the
results of the screening laboratory examination or test shall be challenged within fifteen (15)
days after receipt of the result through a confirmatory test conducted in any accredited
analytical laboratory equipment with a gas chromatograph/mass spectrometry equipment or
some such modern and accepted method, if confirmed the same shall be prima
facie evidence that such person has used dangerous drugs, which is without prejudice for the
prosecution for other violations of the provisions of this Act: Provided, That a positive
screening laboratory test must be confirmed for it to be valid in a court of law.
Section 39. Accreditation of Drug Testing Centers and Physicians. The DOH shall be tasked
to license and accredit drug testing centers in each province and city in order to assure their
capacity, competence, integrity and stability to conduct the laboratory examinations and
tests provided in this Article, and appoint such technical and other personnel as may be
necessary for the effective implementation of this provision. The DOH shall also accredit
physicians who shall conduct the drug dependency examination of a drug dependent as well
as the after-care and follow-up program for the said drug dependent. There shall be a control
regulations, licensing and accreditation division under the supervision of the DOH for this
purpose.
For this purpose, the DOH shall establish, operate and maintain drug testing centers in
government hospitals, which must be provided at least with basic technologically advanced
equipment and materials, in order to conduct the laboratory examination and tests herein
provided, and appoint such qualified and duly trained technical and other personnel as may
be necessary for the effective implementation of this provision.
Section 40. Records Required for Transactions on Dangerous Drug and Precursors and
Essential Chemicals.
a) Every pharmacist dealing in dangerous drugs and/or controlled precursors and
essential chemicals shall maintain and keep an original record of sales, purchases,
acquisitions and deliveries of dangerous drugs, indicating therein the following
information:
(1) License number and address of the pharmacist;
(2) Name, address and license of the manufacturer, importer or
wholesaler from whom the dangerous drugs have been purchased;
(3) Quantity and name of the dangerous drugs purchased or acquired;
(4) Date of acquisition or purchase;
 (5) Name, address and community tax certificate number of the buyer;
(6) Serial number of the prescription and the name of the physician,
dentist, veterinarian or practitioner issuing the same;
(7) Quantity and name of the dangerous drugs sold or delivered; and
(8) Date of sale or delivery.
A certified true copy of such record covering a period of six (6) months, duly signed
by the pharmacist or the owner of the drugstore, pharmacy or chemical
establishment, shall be forwarded to the Board within fifteen (15) days following
the last day of June and December of each year, with a copy thereof furnished the
city or municipal health officer concerned.
(b) A physician, dentist, veterinarian or practitioner authorized to prescribe any
dangerous drug shall issue the prescription therefor in one (1) original and two (2)
duplicate copies. The original, after the prescription has been filled, shall be
retained by the pharmacist for a period of one (1) year from the date of sale or
delivery of such drug. One (1) copy shall be retained by the buyer or by the person
to whom the drug is delivered until such drug is consumed, while the second copy
shall be retained by the person issuing the prescription.
Participation of the Family, Students, Teachers and School Authorities in the Enforcement
of this 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.
Section 42. Student Councils and Campus Organizations. All elementary, secondary and
tertiary schools' student councils and campus organizations shall include in their activities a
program for the prevention of and deterrence in the use of dangerous drugs, and referral for
treatment and rehabilitation of students for drug dependence.
Section 43. School Curricula. Instruction on drug abuse prevention and control shall be
integrated in the elementary, secondary and tertiary curricula of all public and private
schools, whether general, technical, vocational or agro-industrial as well as in non-formal,
informal and indigenous learning systems. Such instructions shall include:
(1) Adverse effects of the abuse and misuse of dangerous drugs on the person, the
family, the school and the community;
(2) Preventive measures against drug abuse;

For purposes of this Act, all prescriptions issued by physicians, dentists, (3) Health, socio-cultural, psychological, legal and economic dimensions and
veterinarians or practitioners shall be written on forms exclusively issued by and implications of the drug problem;
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 (4) Steps to take when intervention on behalf of a drug dependent is needed, as
as the DOH may, by rules and regulations, require. Such forms shall only be issued well as the services available for the treatment and rehabilitation of drug
by the DOH through its authorized employees to licensed physicians, dentists, dependents; and
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
(5) Misconceptions about the use of dangerous drugs such as, but not limited to,
prescription need not be accomplished on such forms. The prescribing physician,
the importance and safety of dangerous drugs for medical and therapeutic use as
dentist, veterinarian or practitioner shall, within three (3) days after issuing such
well as the differentiation between medical patients and drug dependents in order
prescription, inform the DOH of the same in writing. No prescription once served
to avoid confusion and accidental stigmatization in the consciousness of the
by the drugstore or pharmacy be reused nor any prescription once issued be
students.
refilled.

Section 44. Heads, Supervisors, and Teachers of Schools. For the purpose of enforcing the
(c) All manufacturers, wholesalers, distributors, importers, dealers and retailers of
provisions of Article II of this Act, all school heads, supervisors and teachers shall be deemed
dangerous drugs and/or controlled precursors and essential chemicals shall keep a
persons in authority and, as such, are hereby empowered to apprehend, arrest or cause the
record of all inventories, sales, purchases, acquisitions and deliveries of the same as
apprehension or arrest of any person who shall violate any of the said provisions, pursuant to
well as the names, addresses and licenses of the persons from whom such items
Section 5, Rule 113 of the Rules of Court. They shall be deemed persons in authority if they
were purchased or acquired or to whom such items were sold or delivered, the
are in the school or within its immediate vicinity, or even beyond such immediate vicinity if
name and quantity of the same and the date of the transactions. Such records may
they are in attendance at any school or class function in their official capacity as school
be subjected anytime for review by the Board.
heads, supervisors, and teachers.

ARTICLE IV
Any teacher or school employee, who discovers or finds that any person in the school or
within its immediate vicinity is liable for violating any of said provisions, shall have the duty
to report the same to the school head or immediate superior who shall, in turn, report the
matter to the proper authorities.
Failure to do so in either case, within a reasonable period from the time of discovery of the
violation shall, after due hearing, constitute sufficient cause for disciplinary action by the
school authorities.
Section 45. Publication and Distribution of Materials on Dangerous Drugs. With the
assistance of the Board, the Secretary of the Department of Education (DepEd), the Chairman
of the Commission on Higher Education (CHED) and the Director-General of the Technical
Education and Skills Development Authority (TESDA) shall cause the development,
publication and distribution of information and support educational materials on dangerous
drugs to the students, the faculty, the parents, and the community.
Section 46. Special Drug Education Center. With the assistance of the Board, the
Department of the Interior and Local Government (DILG), the National Youth Commission
(NYC), and the Department of Social Welfare and Development (DSWD) shall establish in
each of its provincial office a special education drug center for out-of-school youth and street
children. Such Center which shall be headed by the Provincial Social. Welfare Development
Officer shall sponsor drug prevention programs and activities and information campaigns
with the end in view of educating the out-of-school youth and street children regarding the
pernicious effects of drug abuse. The programs initiated by the Center shall likewise be
adopted in all public and private orphanage and existing special centers for street children.
ARTICLE V
Promotion of a National Drug-Free Workplace Program With the Participation of Private
and Labor Sectors and the Department of Labor and Employment
Section 47. Drug-Free Workplace. It is deemed a policy of the State to promote drug-free
workplaces using a tripartite approach. With the assistance of the Board, the Department of
Labor and Employment (DOLE) shall develop, promote and implement a national drug abuse
prevention program in the workplace to be adopted by private companies with ten (10) or
more employees. Such program shall include the mandatory drafting and adoption of
company policies against drug use in the workplace in close consultation and coordination
with the DOLE, labor and employer organizations, human resource development managers
and other such private sector organizations.
Section 48. Guidelines for the National Drug-Free Workplace Program. The Board and the
DOLE shall formulate the necessary guidelines for the implementation of the national drug-
free workplace program. The amount necessary for the implementation of which shall be
included in the annual General Appropriations Act.
ARTICLE VI
Participation of the Private and Labor Sectors in the Enforcement of this Act
Section 49. Labor Organizations and the Private Sector. All labor unions, federations,
associations, or organizations in cooperation with the respective private sector partners shall
include in their collective bargaining or any similar agreements, joint continuing programs
and information campaigns for the laborers similar to the programs provided under Section
47 of this Act with the end in view of achieving a drug free workplace.
Section 50. Government Assistance. The labor sector and the respective partners may, in
pursuit of the programs mentioned in the preceding Section, secure the technical assistance,
such as but not limited to, seminars and information dissemination campaigns of the
appropriate government and law enforcement agencies.
ARTICLE VII
Participation of Local Government Units
Section 51. Local Government Units' Assistance. Local government units shall appropriate a
substantial portion of their respective annual budgets to assist in or enhance the
enforcement of this Act giving priority to preventive or educational programs and the
rehabilitation or treatment of drug dependents.
Section 52. Abatement of Drug Related Public Nuisances. Any place or premises which have
been used on two or more occasions as the site of the unlawful sale or delivery of dangerous
drugs may be declared to be a public nuisance, and such nuisance may be abated, pursuant
to the following procedures:
(1) Any city or municipality may, by ordinance, create an administrative board to
hear complaints regarding the nuisances;
(2) any employee, officer, or resident of the city or municipality may bring a
complaint before the Board after giving not less than three (3) days written notice
of such complaint to the owner of the place or premises at his/her last known
address; and
(3) After hearing in which the Board may consider any evidence, including evidence
of the general reputation of the place or premises, and at which the owner of the
premises shall have an opportunity to present evidence in his/her defense, the
Board may declare the place or premises to be a public nuisance.
Section 53. Effect of Board Declaration. If the Board declares a place or premises to be a
public nuisance, it may declare an order immediately prohibiting the conduct, operation, or
maintenance of any business or activity on the premises which is conducive to such nuisance.
An order entered under this Section shall expire after one (1) year or at such earlier time as
stated in the order. The Board may bring a complaint seeking a permanent injunction against
any nuisance described under this Section.
This Article does not restrict the right of any person to proceed under the Civil Code against
any public nuisance.
ARTICLE VIII
Program for Treatment and Rehabilitation of Drug Dependents
Section 54. Voluntary Submission of a Drug Dependent to Confinement, Treatment and
Rehabilitation. A drug dependent or any person who violates Section 15 of this Act may, by
himself/herself or through his/her parent, spouse, guardian or relative within the fourth
degree of consanguinity or affinity, apply to the Board or its duly recognized representative,
for treatment and rehabilitation of the drug dependency. Upon such application, the Board
shall bring forth the matter to the Court which shall order that the applicant be examined for
drug dependency. If the examination by a DOH-accredited physician results in the issuance of
a certification that the applicant is a drug dependent, he/she shall be ordered by the Court to
undergo treatment and rehabilitation in a Center designated by the Board for a period of not
less than six (6) months: Provided, That a drug dependent may be placed under the care of a
DOH-accredited physician where there is no Center near or accessible to the residence of the
drug dependent or where said drug dependent is below eighteen (18) years of age and is a
first-time offender and non-confinement in a Center will not pose a serious danger to his/her
family or the community.
Confinement in a Center for treatment and rehabilitation shall not exceed one (1) year, after
which time the Court, as well as the Board, shall be apprised by the head of the treatment
and rehabilitation center of the status of said drug dependent and determine whether
further confinement will be for the welfare of the drug dependent and his/her family or the
community.
Section 55. Exemption from the Criminal Liability Under the Voluntary Submission Program. A
drug dependent under the voluntary submission program, who is finally discharged from
confinement, shall be exempt from the criminal liability under Section 15 of this act subject
to the following conditions:
(1) He/she has complied with the rules and regulations of the center, the applicable
rules and regulations of the Board, including the after-care and follow-up program
for at least eighteen (18) months following temporary discharge from confinement
in the Center or, in the case of a dependent placed under the care of the DOH-
accredited physician, the after-care program and follow-up schedule formulated by
the DSWD and approved by the Board: Provided, That capability-building of local
government social workers shall be undertaken by the DSWD;
(2) He/she has never been charged or convicted of any offense punishable under
this Act, the Dangerous Drugs Act of 1972 or Republic Act No. 6425, as amended;
the Revised Penal Code, as amended; or any special penal laws;
(3) He/she has no record of escape from a Center: Provided, That had he/she
escaped, he/she surrendered by himself/herself or through his/her parent, spouse,
guardian or relative within the fourth degree of consanguinity or affinity, within
one (1) week from the date of the said escape; and
(4) He/she poses no serious danger to himself/herself, his/her family or the
community by his/her exemption from criminal liability.
Section 56. Temporary Release From the Center; After-Care and Follow-Up Treatment Under
the Voluntary Submission Program. Upon certification of the Center that the drug
dependent within the voluntary submission program may be temporarily released, the Court
shall order his/her release on condition that said drug dependent shall report to the DOH for
after-care and follow-up treatment, including urine testing, for a period not exceeding
eighteen (18) months under such terms and conditions that the Court may impose.
If during the period of after-care and follow-up, the drug dependent is certified to be
rehabilitated, he/she may be discharged by the Court, subject to the provisions of Section 55
of this Act, without prejudice to the outcome of any pending case filed in court.
However, should the DOH find that during the initial after-care and follow-up program of
eighteen (18) months, the drug dependent requires further treatment and rehabilitation in
the Center, he/she shall be recommitted to the Center for confinement. Thereafter, he/she
may again be certified for temporary release and ordered released for another after-care and
follow-up program pursuant to this Section.
Section 57. Probation and Community Service Under the Voluntary Submission Program. A
drug dependent who is discharged as rehabilitated by the DOH-accredited Center through
the voluntary submission program, but does not qualify for exemption from criminal liability
under Section 55 of this Act, may be charged under the provisions of this Act, but shall be
placed on probation and undergo a community service in lieu of imprisonment and/or fine in
the discretion of the court, without prejudice to the outcome of any pending case filed in
court.
Such drug dependent shall undergo community service as part of his/her after-care and
follow-up program, which may be done in coordination with nongovernmental civil
organizations accredited by the DSWD, with the recommendation of the Board.
Section 58. Filing of Charges Against a Drug Dependent Who is Not Rehabilitated Under the
Voluntary Submission Program. A drug dependent, who is not rehabilitated after the
second commitment to the Center under the voluntary submission program, shall, upon
recommendation of the Board, be charged for violation of Section 15 of this Act and
prosecuted like any other offender. If convicted, he/she shall be credited for the period of
confinement and rehabilitation in the Center in the service of his/her sentence.
Section 59. Escape and Recommitment for Confinement and Rehabilitation Under the
Voluntary Submission Program. Should a drug dependent under the voluntary submission
program escape from the Center, he/she may submit himself/herself for recommitment
within one (1) week therefrom, or his/her parent, spouse, guardian or relative within the
fourth degree of consanguinity or affinity may, within said period, surrender him for
recommitment, in which case the corresponding order shall be issued by the Board.
Should the escapee fail to submit himself/herself or be surrendered after one (1) week, the
Board shall apply to the court for a recommitment order upon proof of previous commitment
or his/her voluntary submission by the Board, the court may issue an order for
recommitment within one (1) week.
If, subsequent to a recommitment, the dependent once again escapes from confinement,
he/she shall be charged for violation of Section 15 of this Act and he subjected under section
61 of this Act, either upon order of the Board or upon order of the court, as the case may be.
Section 60. Confidentiality of Records Under the Voluntary Submission Program. Judicial
and medical records of drug dependents under the voluntary submission program shall be
confidential and shall not be used against him for any purpose, except to determine how
many times, by himself/herself or through his/her parent, spouse, guardian or relative within
the fourth degree of consanguinity or affinity, he/she voluntarily submitted himself/herself
for confinement, treatment and rehabilitation or has been committed to a Center under this
program.
Section 61. Compulsory Confinement of a Drug Dependent Who Refuses to Apply Under the
Voluntary Submission Program. Notwithstanding any law, rule and regulation to the
contrary, any person determined and found to be dependent on dangerous drugs shall, upon
petition by the Board or any of its authorized representative, be confined for treatment and
rehabilitation in any Center duly designated or accredited for the purpose.
A petition for the confinement of a person alleged to be dependent on dangerous drugs to a
Center may be filed by any person authorized by the Board with the Regional Trial Court of
the province or city where such person is found.
After the petition is filed, the court, by an order, shall immediately fix a date for the hearing,
and a copy of such order shall be served on the person alleged to be dependent on
dangerous drugs, and to the one having charge of him.
If after such hearing and the facts so warrant, the court shall order the drug dependent to be
examined by two (2) physicians accredited by the Board. If both physicians conclude that the
respondent is not a drug dependent, the court shall order his/her discharge. If either
physician finds him to be a dependent, the court shall conduct a hearing and consider all
relevant evidence which may be offered. If the court finds him a drug dependent, it shall
issue an order for his/her commitment to a treatment and rehabilitation center under the
supervision of the DOH. In any event, the order of discharge or order of confinement or
commitment shall be issued not later than fifteen (15) days from the filing of the appropriate
petition.
Section 62. Compulsory Submission of a Drug Dependent Charged with an Offense to
Treatment and Rehabilitation. If a person charged with an offense where the imposable
penalty is imprisonment of less than six (6) years and one (1) day, and is found by the
prosecutor or by the court, at any stage of the proceedings, to be a drug dependent, the
prosecutor or the court as the case may be, shall suspend all further proceedings and
transmit copies of the record of the case to the Board.
In the event he Board determines, after medical examination, that public interest requires
that such drug dependent be committed to a center for treatment and rehabilitation, it shall
file a petition for his/her commitment with the regional trial court of the province or city
where he/she is being investigated or tried: Provided, That where a criminal case is pending
in court, such petition shall be filed in the said court. The court shall take judicial notice of the
prior proceedings in the case and shall proceed to hear the petition. If the court finds him to
be a drug dependent, it shall order his/her commitment to a Center for treatment and
rehabilitation. The head of said Center shall submit to the court every four (4) months, or as
often as the court may require, a written report on the progress of the treatment. If the
dependent is rehabilitated, as certified by the center and the Board, he/she shall be returned
to the court, which committed him, for his/her discharge therefrom.
Thereafter, his/her prosecution for any offense punishable by law shall be instituted or shall
continue, as the case may be. In case of conviction, the judgment shall, if the accused is
certified by the treatment and rehabilitation center to have maintained good behavior,
indicate that he/she shall be given full credit for the period he/she was confined in the
Center: Provided, however, That when the offense is for violation of Section 15 of this Act and
the accused is not a recidivist, the penalty thereof shall be deemed to have been served in
the Center upon his/her release therefrom after certification by the Center and the Board
that he/she is rehabilitated.
Section 63. Prescription of the Offense Charged Against a Drug Dependent Under the
Compulsory Submission Program. The period of prescription of the offense charged against
a drug dependent under the compulsory submission program shall not run during the time
that the drug dependent is under confinement in a Center or otherwise under the treatment
and rehabilitation program approved by the Board.
Upon certification of the Center that he/she may temporarily be discharged from the said
Center, the court shall order his/her release on condition that he/she shall report to the
Board through the DOH for after-care and follow-up treatment for a period not exceeding
eighteen (18) months under such terms and conditions as may be imposed by the Board.
If at anytime during the after-care and follow-up period, the Board certifies to his/her
complete rehabilitation, the court shall order his/her final discharge from confinement and
order for the immediate resumption of the trial of the case for which he/she is originally
charged. Should the Board through the DOH find at anytime during the after-care and follow-
up period that he/she requires further treatment and rehabilitation, it shall report to the
court, which shall order his/her recommitment to the Center.
Should the drug dependent, having been committed to a Center upon petition by the Board
escape therefrom, he/she may resubmit himself/herself for confinement within one (1) week
from the date of his/her escape; or his/her parent, spouse, guardian or relative within the
fourth degree of consanguinity or affinity may, within the same period, surrender him for
recommitment. If, however, the drug dependent does not resubmit himself/herself for
confinement or he/she is not surrendered for recommitment, the Board may apply with the
court for the issuance of the recommitment order. Upon proof of previous commitment, the
court shall issue an order for recommitment. If, subsequent to such recommitment, he/she
should escape again, he/she shall no longer be exempt from criminal liability for use of any
dangerous drug.
(c) The Board favorably recommends that his/her sentence be suspended.
While under suspended sentence, he/she shall be under the supervision and rehabilitative
surveillance of the Board, under such conditions that the court may impose for a period
ranging from six (6) months to eighteen (18) months.
Upon recommendation of the Board, the court may commit the accused under suspended
sentence to a Center, or to the care of a DOH-accredited physician for at least six (6) months,
with after-care and follow-up program for not more than eighteen (18) months.
In the case of minors under fifteen (15) years of age at the time of the commission of any
offense penalized under this Act, Article 192 of Presidential Decree No. 603, otherwise
known as the Child and Youth Welfare Code, as amended by Presidential Decree No. 1179
shall apply, without prejudice to the application of the provisions of this Section.

A drug dependent committed under this particular Section who is finally discharged from
Section 67. Discharge After Compliance with Conditions of Suspended Sentence of a First-
confinement shall be exempt from criminal liability under Section 15 of this Act, without
Time Minor Offender. If the accused first time minor offender under suspended sentence
prejudice to the outcome of any pending case filed in court. On the other hand, a drug
complies with the applicable rules and regulations of the Board, including confinement in a
dependent who is not rehabilitated after a second commitment to the Center shall, upon
Center, the court, upon a favorable recommendation of the Board for the final discharge of
conviction by the appropriate court, suffer the same penalties provided for under Section 15
the accused, shall discharge the accused and dismiss all proceedings.
of this Act again without prejudice to the outcome of any pending case filed in court.

Upon the dismissal of the proceedings against the accused, the court shall enter an order to
Section 64. Confidentiality of Records Under the Compulsory Submission Program. The
expunge all official records, other than the confidential record to be retained by the DOJ
records of a drug dependent who was rehabilitated and discharged from the Center under
relating to the case. Such an order, which shall be kept confidential, shall restore the accused
the compulsory submission program, or who was charged for violation of Section 15 of this
to his/her status prior to the case. He/she shall not be held thereafter to be guilty of perjury
Act, shall be covered by Section 60 of this Act. However, the records of a drug dependent
or of concealment or misrepresentation by reason of his/her failure to acknowledge the case
who was not rehabilitated, or who escaped but did not surrender himself/herself within the
or recite any fact related thereto in response to any inquiry made of him for any purpose.
prescribed period, shall be forwarded to the court and their use shall be determined by the
court, taking into consideration public interest and the welfare of the drug dependent.
Section 68. Privilege of Suspended Sentence to be Availed of Only Once by a First-Time Minor
Offender. The privilege of suspended sentence shall be availed of only once by an accused
Section 65. Duty of the Prosecutor in the Proceedings. It shall be the duty of the provincial
drug dependent who is a first-time offender over fifteen (15) years of age at the time of the
or the city prosecutor or their assistants or state prosecutors to prepare the appropriate
commission of the violation of Section 15 of this Act but not more than eighteen (18) years of
petition in all proceedings arising from this Act.
age at the time when judgment should have been promulgated.

Section 66. Suspension of Sentence of a First-Time Minor Offender. An accused who is over
Section 69. Promulgation of Sentence for First-Time Minor Offender. If the accused first-
fifteen (15) years of age at the time of the commission of the offense mentioned in Section
time minor offender violates any of the conditions of his/her suspended sentence, the
11 of this Act, but not more than eighteen (18) years of age at the time when judgment
applicable rules and regulations of the Board exercising supervision and rehabilitative
should have been promulgated after having been found guilty of said offense, may be given
surveillance over him, including the rules and regulations of the Center should confinement
the benefits of a suspended sentence, subject to the following conditions:
be required, the court shall pronounce judgment of conviction and he/she shall serve
sentence as any other convicted person.
(a) He/she has not been previously convicted of violating any provision of this Act,
or of the Dangerous Drugs Act of 1972, as amended; or of the Revised Penal Code;
Section 70. Probation or Community Service for a First-Time Minor Offender in Lieu of
or of any special penal laws;
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
(b) He/she has not been previously committed to a Center or to the care of a DOH- provided under existing law on probation, or impose community service in lieu of
accredited physician; and 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 Section 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 Section 87.
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 a 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 Section
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.
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 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.
 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 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 Section 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 Section 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.
ARTICLE XII
Implementing Rules and Regulations
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.
ARTICLE XIII
Final Provisions
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.
Republic Act No. 9208 May 26, 2003
AN ACT TO INSTITUTE POLICIES TO ELIMINATE TRAFFICKING IN PERSONS ESPECIALLY
WOMEN AND CHILDREN, ESTABLISHING THE NECESSARY INSTITUTIONAL MECHANISMS
FOR THE PROTECTION AND SUPPORT OF TRAFFICKED PERSONS, PROVIDING PENALTIES FOR
ITS VIOLATIONS, AND FOR OTHER
Be it enacted by the Senate and the House of Representatives of the Philippines in Congress
assembled:
Section 1. Title. This Act shall be known as the "Anti-Trafficking in Persons Act of 2003".
Section 2. Declaration of Policy. It is hereby declared that the State values the dignity of
every human person and guarantees the respect of individual rights. In pursuit of this policy,
the State shall give highest priority to the enactment of measures and development of
programs that will promote human dignity, protect the people from any threat of violence
and exploitation, eliminate trafficking in persons, and mitigate pressures for involuntary
migration and servitude of persons, not only to support trafficked persons but more
importantly, to ensure their recovery, rehabilitation and reintegration into the mainstream of
society.
It shall be a State policy to recognize the equal rights and inherent human dignity of women
and men as enshrined in the United Nations Universal Declaration on Human Rights, United
Nations Convention on the Rights of the Child, United Nations Convention on the Protection
of Migrant Workers and their Families. United Nations Convention Against Transnational
Organized Crime Including its Protocol to Prevent, Suppress and Punish Trafficking in Persons,
Especially Women and Children and all other relevant and universally accepted human rights
instruments and other international conventions to which the Philippines is a signatory.
Section 3. Definition of Terms. - As used in this Act:
(a) Trafficking in Persons - refers to the recruitment, transportation, transfer or
harboring, or receipt of persons with or without the victim's consent or knowledge,
within or across national borders by means of threat or use of force, or other forms
of coercion, abduction, fraud, deception, abuse of power or of position, taking
advantage of the vulnerability of the person, or, the giving or receiving of payments
or benefits to achieve the consent of a person having control over another person
for the purpose of exploitation which includes at a minimum, the exploitation or
the prostitution of others or other forms of sexual exploitation, forced labor or
services, slavery, servitude or the removal or sale of organs.
The recruitment, transportation, transfer, harboring or receipt of a child for the
purpose of exploitation shall also be considered as "trafficking in persons" even if it
does not involve any of the means set forth in the preceding paragraph.
(b) Child - refers to a person below eighteen (18) years of age or one who is over
eighteen (18) but is unable to fully take care of or protect himself/herself from
abuse, neglect, cruelty, exploitation, or discrimination because of a physical or
mental disability or condition.
(c) Prostitution - refers to any act, transaction, scheme or design involving the use
of a person by another, for sexual intercourse or lascivious conduct in exchange for
money, profit or any other consideration.
(d) Forced Labor and Slavery - refer to the extraction of work or services from any
person by means of enticement, violence, intimidation or threat, use of force or
coercion, including deprivation of freedom, abuse of authority or moral
ascendancy, debt-bondage or deception.
(e) Sex Tourism - refers to a program organized by travel and tourism-related
establishments and individuals which consists of tourism packages or activities,
utilizing and offering escort and sexual services as enticement for tourists. This
includes sexual services and practices offered during rest and recreation periods for
members of the military.
(f) Sexual Exploitation - refers to participation by a person in prostitution or the
production of pornographic materials as a result of being subjected to a threat,
deception, coercion, abduction, force, abuse of authority, debt bondage, fraud or
through abuse of a victim's vulnerability.
(g) Debt Bondage - refers to the pledging by the debtor of his/her personal services
or labor or those of a person under his/her control as security or payment for a
debt, when the length and nature of services is not clearly defined or when the
value of the services as reasonably assessed is not applied toward the liquidation of
the debt.
(h) Pornography - refers to any representation, through publication, exhibition,
cinematography, indecent shows, information technology, or by whatever means,
of a person engaged in real or simulated explicit sexual activities or any
representation of the sexual parts of a person for primarily sexual purposes.
(i) Council - shall mean the Inter-Agency Council Against Trafficking created under
Section 20 of this Act.
Section 4. Acts of Trafficking in Persons. - It shall be unlawful for any person, natural or
juridical, to commit any of the following acts:
(a) To recruit, transport, transfer; harbor, provide, or receive a person by any
means, including those done under the pretext of domestic or overseas
employment or training or apprenticeship, for the purpose of prostitution,
 pornography, sexual exploitation, forced labor, slavery, involuntary servitude or
debt bondage;
(b) To introduce or match for money, profit, or material, economic or other
consideration, any person or, as provided for under Republic Act No. 6955, any
Filipino woman to a foreign national, for marriage for the purpose of acquiring,
buying, offering, selling or trading him/her to engage in prostitution, pornography,
sexual exploitation, forced labor, slavery, involuntary servitude or debt bondage;
(c) To offer or contract marriage, real or simulated, for the purpose of acquiring,
buying, offering, selling, or trading them to engage in prostitution, pornography,
sexual exploitation, forced labor or slavery, involuntary servitude or debt bondage;
(d) To undertake or organize tours and travel plans consisting of tourism packages
or activities for the purpose of utilizing and offering persons for prostitution,
pornography or sexual exploitation;
(e) To maintain or hire a person to engage in prostitution or pornography;
(f) To adopt or facilitate the adoption of persons for the purpose of prostitution,
pornography, sexual exploitation, forced labor, slavery, involuntary servitude or
debt bondage;
(g) To recruit, hire, adopt, transport or abduct a person, by means of threat or use
of force, fraud, deceit, violence, coercion, or intimidation for the purpose of
removal or sale of organs of said person; and
(h) To recruit, transport or adopt a child to engage in armed activities in the
Philippines or abroad.
Section 5. Acts that Promote Trafficking in Persons. - The following acts which promote or
facilitate trafficking in persons, shall be unlawful:
(a) To knowingly lease or sublease, use or allow to be used any house, building or
establishment for the purpose of promoting trafficking in persons;
(b) To produce, print and issue or distribute unissued, tampered or fake counseling
certificates, registration stickers and certificates of any government agency which
issues these certificates and stickers as proof of compliance with government
regulatory and pre-departure requirements for the purpose of promoting
trafficking in persons;
(c) To advertise, publish, print, broadcast or distribute, or cause the advertisement,
publication, printing, broadcasting or distribution by any means, including the use
of information technology and the internet, of any brochure, flyer, or any
propaganda material that promotes trafficking in persons;
(d) To assist in the conduct of misrepresentation or fraud for purposes of
facilitating the acquisition of clearances and necessary exit documents from
government agencies that are mandated to provide pre-departure registration and
services for departing persons for the purpose of promoting trafficking in persons;
(e) To facilitate, assist or help in the exit and entry of persons from/to the country
at international and local airports, territorial boundaries and seaports who are in
possession of unissued, tampered or fraudulent travel documents for the purpose
of promoting trafficking in persons;
(f) To confiscate, conceal, or destroy the passport, travel documents, or personal
documents or belongings of trafficked persons in furtherance of trafficking or to
prevent them from leaving the country or seeking redress from the government or
appropriate agencies; and
(g) To knowingly benefit from, financial or otherwise, or make use of, the labor or
services of a person held to a condition of involuntary servitude, forced labor, or
slavery.
Section 6. Qualified Trafficking in Persons. - The following are considered as qualified
trafficking:
(a) When the trafficked person is a child;
(b) When the adoption is effected through Republic Act No. 8043, otherwise known
as the "Inter-Country Adoption Act of 1995" and said adoption is for the purpose of
prostitution, pornography, sexual exploitation, forced labor, slavery, involuntary
servitude or debt bondage;
(c) When the crime is committed by a syndicate, or in large scale. Trafficking is
deemed committed by a syndicate if carried out by a group of three (3) or more
persons conspiring or confederating with one another. It is deemed committed in
large scale if committed against three (3) or more persons, individually or as a
group;
(d) When the offender is an ascendant, parent, sibling, guardian or a person who
exercises authority over the trafficked person or when the offense is committed by
a public officer or employee;
(e) When the trafficked person is recruited to engage in prostitution with any
member of the military or law enforcement agencies;
(f) When the offender is a member of the military or law enforcement agencies;
and
 (g) When by reason or on occasion of the act of trafficking in persons, the offended
party dies, becomes insane, suffers mutilation or is afflicted with Human
Immunodeficiency Virus (HIV) or the Acquired Immune Deficiency Syndrome
(AIDS).
Section 6. Confidentiality. - At any stage of the investigation, prosecution and trial of an
offense under this Act, law enforcement officers, prosecutors, judges, court personnel and
medical practitioners, as well as parties to the case, shall recognize the right to privacy of the
trafficked person and the accused. Towards this end, law enforcement officers, prosecutors
and judges to whom the complaint has been referred may, whenever necessary to ensure a
fair and impartial proceeding, and after considering all circumstances for the best interest of
the parties, order a closed-door investigation, prosecution or trial. The name and personal
circumstances of the trafficked person or of the accused, or any other information tending to
establish their identities and such circumstances or information shall not be disclosed to the
public.
In cases when prosecution or trial is conducted behind closed-doors, it shall be unlawful for
any editor, publisher, and reporter or columnist in case of printed materials, announcer or
producer in case of television and radio, producer and director of a film in case of the movie
industry, or any person utilizing tri-media facilities or information technology to cause
publicity of any case of trafficking in persons.
Section 8. Prosecution of Cases. - Any person who has personal knowledge of the commission
of any offense under this Act, the trafficked person, the parents, spouse, siblings, children or
legal guardian may file a complaint for trafficking.
Section 9. Venue. - A criminal action arising from violation of this Act shall be filed where the
offense was committed, or where any of its elements occurred, or where the trafficked
person actually resides at the time of the commission of the offense: Provided, That the court
where the criminal action is first filed shall acquire jurisdiction to the exclusion of other
courts.
Section 10. Penalties and Sanctions. - The following penalties and sanctions are hereby
established for the offenses enumerated in this Act:
(a) Any person found guilty of committing any of the acts enumerated in Section 4
shall suffer the penalty of imprisonment of twenty (20) years and a fine of not less
than One million pesos (P1,000,000.00) but not more than Two million pesos
(P2,000,000.00);
(b) Any person found guilty of committing any of the acts enumerated in Section 5
shall suffer the penalty of imprisonment of fifteen (15) years and a fine of not less
than Five hundred thousand pesos (P500,000.00) but not more than One million
pesos (P1,000,000.00);
(c) Any person found guilty of qualified trafficking under Section 6 shall suffer the
penalty of life imprisonment and a fine of not less than Two million pesos
(P2,000,000.00) but not more than Five million pesos (P5,000,000.00);
(d) Any person who violates Section 7 hereof shall suffer the penalty of
imprisonment of six (6) years and a fine of not less than Five hundred thousand
pesos (P500,000.00) but not more than One million pesos (P1,000,000.00);
(e) If the offender is a corporation, partnership, association, club, establishment or
any juridical person, the penalty shall be imposed upon the owner, president,
partner, manager, and/or any responsible officer who participated in the
commission of the crime or who shall have knowingly permitted or failed to
prevent its commission;
(f) The registration with the Securities and Exchange Commission (SEC) and license
to operate of the erring agency, corporation, association, religious group, tour or
travel agent, club or establishment, or any place of entertainment shall be
cancelled and revoked permanently. The owner, president, partner or manager
thereof shall not be allowed to operate similar establishments in a different name;
(g) If the offender is a foreigner, he shall be immediately deported after serving his
sentence and be barred permanently from entering the country;
(h) Any employee or official of government agencies who shall issue or approve the
issuance of travel exit clearances, passports, registration certificates, counseling
certificates, marriage license, and other similar documents to persons, whether
juridical or natural, recruitment agencies, establishments or other individuals or
groups, who fail to observe the prescribed procedures and the requirement as
provided for by laws, rules and regulations, shall be held administratively liable,
without prejudice to criminal liability under this Act. The concerned government
official or employee shall, upon conviction, be dismissed from the service and be
barred permanently to hold public office. His/her retirement and other benefits
shall likewise be forfeited; and
(i) Conviction by final judgment of the adopter for any offense under this Act shall
result in the immediate rescission of the decree of adoption.
Section 11. Use of Trafficked Persons. - Any person who buys or engages the services of
trafficked persons for prostitution shall be penalized as follows:
(a) First offense - six (6) months of community service as may be determined by the
court and a fine of Fifty thousand pesos (P50,000.00); and
(b) Second and subsequent offenses - imprisonment of one (1) year and a fine of
One hundred thousand pesos (P100,000.00).
Section 12. Prescriptive Period. - Trafficking cases under this Act shall prescribe in ten (10)
years: Provided, however, That trafficking cases committed by a syndicate or in a large scale
as defined under Section 6 shall prescribe in twenty (20) years.
The prescriptive period shall commence to run from the day on which the trafficked person is
delivered or released from the conditions of bondage and shall be interrupted by the filing of
the complaint or information and shall commence to run again when such proceedings
terminate without the accused being convicted or acquitted or are unjustifiably stopped for
any reason not imputable to the accused.
Section 13. Exemption from Filing Fees. - When the trafficked person institutes a separate
civil action for the recovery of civil damages, he/she shall be exempt from the payment of
filing fees.
Section 14. Confiscation and Forfeiture of the Proceeds and Instruments Derived from
Trafficking in Persons. - In addition to the penalty imposed for the violation of this Act, the
court shall order the confiscation and forfeiture, in favor of the government, of all the
proceeds and properties derived from the commission of the crime, unless they are the
property of a third person not liable for the unlawful act; Provided, however, That all awards
for damages shall be taken from the personal and separate properties of the
offender; Provided, further, That if such properties are insufficient, the balance shall be taken
from the confiscated and forfeited properties.
When the proceeds, properties and instruments of the offense have been destroyed,
diminished in value or otherwise rendered worthless by any act or omission, directly or
indirectly, of the offender, or it has been concealed, removed, converted or transferred to
prevent the same from being found or to avoid forfeiture or confiscation, the offender shall
be ordered to pay the amount equal to the value of the proceeds, property or instruments of
the offense.
Section 15. Trust Fund. - All fines imposed under this Act and the proceeds and properties
forfeited and confiscated pursuant to Section 14 hereof shall accrue to a Trust Fund to be
administered and managed by the Council to be used exclusively for programs that will
prevent acts of trafficking and protect, rehabilitate, reintegrate trafficked persons into the
mainstream of society. Such programs shall include, but not limited to, the following:
(a) Provision for mandatory services set forth in Section 23 of this Act;
(b) Sponsorship of a national research program on trafficking and establishment of
a data collection system for monitoring and evaluation purposes;
(c) Provision of necessary technical and material support services to appropriate
government agencies and non-government organizations (NGOs);
(d) Sponsorship of conferences and seminars to provide venue for consensus
building amongst the public, the academe, government, NGOs and international
organizations; and
(e) Promotion of information and education campaign on trafficking.
Section 16. Programs that Address Trafficking in Persons. - The government shall establish
and implement preventive, protective and rehabilitative programs for trafficked persons. For
this purpose, the following agencies are hereby mandated to implement the following
programs;
(a) Department of Foreign Affairs (DFA) - shall make available its resources and
facilities overseas for trafficked persons regardless of their manner of entry to the
receiving country, and explore means to further enhance its assistance in
eliminating trafficking activities through closer networking with government
agencies in the country and overseas, particularly in the formulation of policies and
implementation of relevant programs.
The DFA shall take necessary measures for the efficient implementation of the
Machine Readable Passports to protect the integrity of Philippine passports, visas
and other travel documents to reduce the incidence of trafficking through the use
of fraudulent identification documents.
It shall establish and implement a pre-marriage, on-site and pre-departure
counseling program on intermarriages.
(b) Department of Social Welfare and Development (DSWD) - shall implement
rehabilitative and protective programs for trafficked persons. It shall provide
counseling and temporary shelter to trafficked persons and develop a system for
accreditation among NGOs for purposes of establishing centers and programs for
intervention in various levels of the community.
(c) Department of Labor and Employment (DOLE) - shall ensure the strict
implementation and compliance with the rules and guidelines relative to the
employment of persons locally and overseas. It shall likewise monitor, document
and report cases of trafficking in persons involving employers and labor recruiters.
(d) Department of Justice (DOJ) - shall ensure the prosecution of persons accused
of trafficking and designate and train special prosecutors who shall handle and
prosecute cases of trafficking. It shall also establish a mechanism for free legal
assistance for trafficked persons, in coordination with the DSWD, Integrated Bar of
the Philippines (IBP) and other NGOs and volunteer groups.
(e) National Commission on the Role of Filipino Women (NCRFW) - shall actively
participate and coordinate in the formulation and monitoring of policies addressing
the issue of trafficking in persons in coordination with relevant government
 agencies. It shall likewise advocate for the inclusion of the issue of trafficking in
persons in both its local and international advocacy for women's issues.
(f) Bureau of Immigration (BI) - shall strictly administer and enforce immigration
and alien administration laws. It shall adopt measures for the apprehension of
suspected traffickers both at the place of arrival and departure and shall ensure
compliance by the Filipino fiancs/fiances and spouses of foreign nationals with
the guidance and counseling requirement as provided for in this Act.
(g) Philippine National Police (PNP) - shall be the primary law enforcement agency
to undertake surveillance, investigation and arrest of individuals or persons
suspected to be engaged in trafficking. It shall closely coordinate with various law
enforcement agencies to secure concerted efforts for effective investigation and
apprehension of suspected traffickers. It shall also establish a system to receive
complaints and calls to assist trafficked persons and conduct rescue operations.
(h) Philippine Overseas Employment Administration (POEA) - shall implement an
effective pre-employment orientation seminars and pre-departure counseling
programs to applicants for overseas employment. It shall likewise formulate a
system of providing free legal assistance to trafficked persons.
(i) Department of the Interior and Local Government (DILG) - shall institute a
systematic information and prevention campaign and likewise maintain a databank
for the effective monitoring, documentation and prosecution of cases on trafficking
in persons.
(j) Local government units (LGUs) - shall monitor and document cases of trafficking
in persons in their areas of jurisdiction, effect the cancellation of licenses of
establishments which violate the provisions of this Act and ensure effective
prosecution of such cases. They shall also undertake an information campaign
against trafficking in persons through the establishment of the Migrants Advisory
and Information Network (MAIN) desks in municipalities or provinces in
coordination with DILG, Philippine Information Agency (PIA), Commission on
Filipinos Overseas (CFO), NGOs and other concerned agencies. They shall
encourage and support community based initiatives which address the trafficking in
persons.
In implementing this Act, the agencies concerned may seek and enlist the
assistance of NGOs, people's organizations (Pos), civic organizations and other
volunteer groups.
Section 17. Legal Protection to Trafficked Persons. - Trafficked persons shall be recognized as
victims of the act or acts of trafficking and as such shall not be penalized for crimes directly
related to the acts of trafficking enumerated in this Act or in obedience to the order made by
the trafficker in relation thereto. In this regard, the consent of a trafficked person to the
intended exploitation set forth in this Act shall be irrelevant.
Section 18. Preferential Entitlement Under the Witness Protection Program. - Any provision of
Republic Act No. 6981 to the contrary notwithstanding, any trafficked person shall be
entitled to the witness protection program provided therein.
Section 19. Trafficked Persons Who are Foreign Nationals. - Subject to the guidelines issued
by the Council, trafficked persons in the Philippines who are nationals of a foreign country
shall also be entitled to appropriate protection, assistance and services available to trafficked
persons under this Act: Provided, That they shall be permitted continued presence in the
Philippines for a length of time prescribed by the Council as necessary to effect the
prosecution of offenders.
Section 20. Inter-Agency Council Against Trafficking. - There is hereby established an Inter-
Agency Council Against Trafficking, to be composed of the Secretary of the Department of
Justice as Chairperson and the Secretary of the Department of Social Welfare and
Development as Co-Chairperson and shall have the following as members:
(a) Secretary, Department of Foreign Affairs;
(b) Secretary, Department of Labor and Employment;
(c) Administrator, Philippine Overseas Employment Administration;
(d) Commissioner, Bureau of Immigration;
(e) Director-General, Philippine National Police;
(f) Chairperson, National Commission on the Role of Filipino Women; and
(g) Three (3) representatives from NGOs, who shall be composed of one (1)
representative each from among the sectors representing women, overseas Filipino
workers (OFWs) and children, with a proven record of involvement in the
prevention and suppression of trafficking in persons. These representatives shall be
nominated by the government agency representatives of the Council, for
appointment by the President for a term of three (3) years.
The members of the Council may designate their permanent representatives who
shall have a rank not lower than an assistant secretary or its equivalent to
meetings, and shall receive emoluments as may be determined by the Council in
accordance with existing budget and accounting, rules and regulations.
Section 21. Functions of the Council. - The Council shall have the following powers and
functions:
(a) Formulate a comprehensive and integrated program to prevent and suppress
the trafficking in persons;
(b) Promulgate rules and regulations as may be necessary for the effective
implementation of this Act;
(c) Monitor and oversee the strict implementation of this Act;
(d) Coordinate the programs and projects of the various member agencies to
effectively address the issues and problems attendant to trafficking in persons;
(e) Coordinate the conduct of massive information dissemination and campaign on
the existence of the law and the various issues and problems attendant to
trafficking through the LGUs, concerned agencies, and NGOs;
(f) Direct other agencies to immediately respond to the problems brought to their
attention and report to the Council on action taken;
(g) Assist in filing of cases against individuals, agencies, institutions or
establishments that violate the provisions of this Act;
(h) Formulate a program for the reintegration of trafficked persons in cooperation
with DOLE, DSWD, Technical Education and Skills Development Authority (TESDA),
Commission on Higher Education (CHED), LGUs and NGOs;
(i) Secure from any department, bureau, office, agency, or instrumentality of the
government or from NGOs and other civic organizations such assistance as may be
needed to effectively implement this Act;
(j) Complement the shared government information system for migration
established under Republic Act No. 8042, otherwise known as the "Migrant
Workers and Overseas Filipinos Act of 1995" with data on cases of trafficking in
persons, and ensure that the proper agencies conduct a continuing research and
study on the patterns and scheme of trafficking in persons which shall form the
basis for policy formulation and program direction;
(k) Develop the mechanism to ensure the timely, coordinated, and effective
response to cases of trafficking in persons;
(l) Recommend measures to enhance cooperative efforts and mutual assistance
among foreign countries through bilateral and/or multilateral arrangements to
prevent and suppress international trafficking in persons;
(m) Coordinate with the Department of Transportation and Communications
(DOTC), Department of Trade and Industry (DTI), and other NGOs in monitoring the
promotion of advertisement of trafficking in the internet;
(n) Adopt measures and policies to protect the rights and needs of trafficked
persons who are foreign nationals in the Philippines;
(o) Initiate training programs in identifying and providing the necessary
intervention or assistance to trafficked persons; and
(p) Exercise all the powers and perform such other functions necessary to attain
the purposes and objectives of this Act.
Section 22. Secretariat to the Council. - The Department of Justice shall establish the
necessary Secretariat for the Council.
Section 23. Mandatory Services to Trafficked Persons. - To ensure recovery, rehabilitation
and reintegration into the mainstream of society, concerned government agencies shall make
available the following services to trafficked persons:
(a) Emergency shelter or appropriate housing;
(b) Counseling;
(c) Free legal services which shall include information about the victims' rights and
the procedure for filing complaints, claiming compensation and such other legal
remedies available to them, in a language understood by the trafficked person;
(d) Medical or psychological services;
(e) Livelihood and skills training; and
(f) Educational assistance to a trafficked child.
Sustained supervision and follow through mechanism that will track the progress of recovery,
rehabilitation and reintegration of the trafficked persons shall be adopted and carried out.
Section 24. Other Services for Trafficked Persons. -
(a) Legal Assistance. - Trafficked persons shall be considered under the category
"Overseas Filipino in Distress" and may avail of the legal assistance created by
Republic Act No. 8042, subject to the guidelines as provided by law.
(b) Overseas Filipino Resource Centers. - The services available to overseas Filipinos
as provided for by Republic Act No. 8042 shall also be extended to trafficked
persons regardless of their immigration status in the host country.
(c) The Country Team Approach. - The country team approach under Executive
Order No. 74 of 1993, shall be the operational scheme under which Philippine
 embassies abroad shall provide protection to trafficked persons insofar as the
promotion of their welfare, dignity and fundamental rights are concerned.

Section 25. Repatriation of Trafficked Persons. - The DFA, in coordination with DOLE and
other appropriate agencies, shall have the primary responsibility for the repatriation of
trafficked persons, regardless of whether they are documented or undocumented.

If, however, the repatriation of the trafficked persons shall expose the victims to greater
risks, the DFA shall make representation with the host government for the extension of
appropriate residency permits and protection, as may be legally permissible in the host
country.

Section 26. Extradition. - The DOJ, in consultation with DFA, shall endeavor to include
offenses of trafficking in persons among extraditable offenses.

Section 27. Reporting Requirements. - The Council shall submit to the President of the
Philippines and to Congress an annual report of the policies, programs and activities relative
to the implementation of this Act.

Section 28. Funding. - The heads of the departments and agencies concerned shall
immediately include in their programs and issue such rules and regulations to implement the
provisions of this Act, the funding of which shall be included in the annual General
Appropriations Act.

Section 29. Implementing Rules and Regulations. - The Council shall promulgate the
necessary implementing rules and regulations within sixty (60) days from the effectivity of
this Act.

Section 30. Non-restriction of Freedom of Speech and of Association, Religion and the Right to
Travel. - Nothing in this Act shall be interpreted as a restriction of the freedom of speech and
of association, religion and the right to travel for purposes not contrary to law as guaranteed
by the Constitution.

Section 31. Separability Clause. - If, for any reason, any section or provision of this Act is held
unconstitutional or invalid, the other sections or provisions hereof shall not be affected
thereby.

Section 32. Repealing clause. - All laws, presidential decrees, executive orders and rules and
regulations, or parts thereof, inconsistent with the provisions of this Act are hereby repealed
or modified accordingly: Provided, That this Act shall not in any way amend or repeal the
provision of Republic Act No. 7610, otherwise known as the "Special Protection of Children
Against Child Abuse, Exploitation and Discrimination Act".

Section 33. Effectivity. - This Act shall take effect fifteen (15) days from the date of its
complete publication in at least two (2) newspapers of general circulation.
PRESIDENTIAL DECREE No. 1602
PRESCRIBING STIFFER PENALTIES ON ILLEGAL GAMBLING
WHEREAS, Philippine Gambling Laws such as Articles 195-199 of the Revised Penal Code
(Forms of Gambling and Betting), R.A. 3063 (Horse racing Bookies), P.D. 449 (Cockfighting),
P.D. 483 (Game Fixing), P.D. 510 (Slot Machines) in relation to Opinion Nos. 33 and 97 of the
Ministry of Justice, P.D. 1306 (Jai-Alai Bookies) and other City and Municipal Ordinances or
gambling all over the country prescribe penalties which are inadequate to discourage or
stamp out this pernicious activities;
WHEREAS, there is now a need to increase their penalties to make them more effective in
combating this social menace which dissipate the energy and resources of our people;
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Republic of the Philippines, by
virtue of the powers vested in me by the Constitution, do hereby order and decree:
Section 1. Penalties. The following penalties are hereby imposed:
(a) The penalty of prison correccional in its medium period of a fine ranging from
one thousand to six thousand pesos, and in case of recidivism, the penalty of
prision mayor in its medium period or a fine ranging from five thousand to ten
thousand pesos shall be imposed upon:
1. Any person other than those referred to in the succeeding sub-sections
who in any manner, shall directly or indirectly take part in any illegal or
unauthorized activities or games of cockfighting, jueteng, jai alai or horse
racing to include bookie operations and game fixing, numbers, bingo and
other forms of lotteries; cara y cruz, pompiang and the like; 7-11 and any
game using dice; black jack, lucky nine, poker and its derivatives, monte,
baccarat, cuajao, pangguingue and other card games; paik que, high and
low, mahjong, domino and other games using plastic tiles and the likes;
slot machines, roulette, pinball and other mechanical contraptions and
devices; dog racing, boat racing, car racing and other forms of races,
basketball, boxing, volleyball, bowling, pingpong and other forms of
individual or team contests to include game fixing, point shaving and
other machinations; banking or percentage game, or any other game
scheme, whether upon chance or skill, wherein wagers consisting of
money, articles of value or representative of value are at stake or made;
2. Any person who shall knowingly permit any form of gambling referred
to in the preceding subparagraph to be carried on in inhabited or
uninhabited place or in any building, vessel or other means of
transportation owned or controlled by him. If the place where gambling is
carried on has a reputation of a gambling place or that prohibited
gambling is frequently carried on therein, or the place is a public or
government building or barangay hall, the malfactor shall be punished by
prision correccional in its maximum period and a fine of six thousand
pesos.
(b) The penalty of prision correccional in its maximum period or a fine of six
thousand pesos shall be imposed upon the maintainer or conductor of the above
gambling schemes.
(c) The penalty of prision mayor in its medium period with temporary absolute
disqualification or a fine of six thousand pesos shall be imposed if the maintainer,
conductor or banker of said gambling schemes is a government official, or where
such government official is the player, promoter, referee, umpire, judge or coach in
case of game fixing, point shaving and machination.
(d) The penalty of prision correccional in its medium period or a fine ranging from
four hundred to two thousand pesos shall be imposed upon any person who shall,
knowingly and without lawful purpose in any hour of any day, possess any lottery
list, paper or other matter containing letters, figures, signs or symbols pertaining to
or in any manner used in the games of jueteng, jai-alai or horse racing bookies, and
similar games of lotteries and numbers which have taken place or about to take
place.
(e) The penalty of temporary absolute disqualifications shall be imposed upon any
barangay official who, with knowledge of the existence of a gambling house or
place in his jurisdiction fails to abate the same or take action in connection
therewith.
(f) The penalty of prision correccional in its maximum period or a fine ranging from
five hundred pesos to two thousand pesos shall be imposed upon any security
officer, security guard, watchman, private or house detective of hotels, villages,
buildings, enclosures and the like which have the reputation of a gambling place or
where gambling activities are being held.
Section 2. Informer's reward. Any person who shall disclose information that will lead to the
arrest and final conviction of the malfactor shall be rewarded twenty percent of the cash
money or articles of value confiscated or forfeited in favor of the government.
Section 3. Repealing Clause. Provisions of Art. 195-199 of the Revised Penal Code, as
amended, Republic Act No. 3063, Presidential Decrees Numbered 483, 449, 510 and 1306,
letters of instructions, laws, executive orders, rules and regulations, city and municipal
ordinances which are inconsistent with this Decree are hereby repealed.
Section 4. Effectivity. This Decree shall take effect immediately upon publication at least once
in a newspaper of general circulation.
Republic Act No. 9995
AN ACT DEFINING AND PENALIZING THE CRIME OF PHOTO AND VIDEO VOYEURISM,
PRESCRIBING PENALTIES THEREFOR, AND FOR OTHER PURPOSES
Be it enacted by the Senate and House of Representative of the Philippines in Congress
assembled:
Section 1. Short Title. - This Act shall be known as the "Anti-Photo and Video Voyeurism Act
of 2009".
Section 2. Declaration of Policy. - The State values the dignity and privacy of every human
person and guarantees full respect for human rights. Toward this end, the State shall penalize
acts that would destroy the honor, dignity and integrity of a person.
Section 3. Definition of Terms. - For purposes of this Act, the term:
(a) "Broadcast" means to make public, by any means, a visual image with the intent
that it be viewed by a person or persons.
(b) "Capture" with respect to an image, means to videotape, photograph, film,
record by any means, or broadcast.
(c) "Female breast" means any portion of the female breast.
(d) "Photo or video voyeurism" means the act of taking photo or video coverage of
a person or group of persons performing sexual act or any similar activity or of
capturing an image of the private area of a person or persons without the latter's
consent, under circumstances in which such person/s has/have a reasonable
expectation of privacy, or the act of selling, copying, reproducing, broadcasting,
sharing, showing or exhibiting the photo or video coverage or recordings of such
sexual act or similar activity through VCD/DVD, internet, cellular phones and similar
means or device without the written consent of the person/s involved,
notwithstanding that consent to record or take photo or video coverage of same
was given by such person's.
(e) "Private area of a person" means the naked or undergarment clad genitals,
public area, buttocks or female breast of an individual.
(f) "Under circumstances in which a person has a reasonable expectation of
privacy" means believe that he/she could disrobe in privacy, without being
concerned that an image or a private area of the person was being captured; or
circumstances in which a reasonable person would believe that a private area of
the person would not be visible to the public, regardless of whether that person is
in a public or private place.
Section 4. Prohibited Acts. - It is hereby prohibited and declared unlawful for any person:
(a) To take photo or video coverage of a person or group of persons performing
sexual act or any similar activity or to capture an image of the private area of a
person/s such as the naked or undergarment clad genitals, public area, buttocks or
female breast without the consent of the person/s involved and under
circumstances in which the person/s has/have a reasonable expectation of privacy;
(b) To copy or reproduce, or to cause to be copied or reproduced, such photo or
video or recording of sexual act or any similar activity with or without
consideration;
(c) To sell or distribute, or cause to be sold or distributed, such photo or video or
recording of sexual act, whether it be the original copy or reproduction thereof; or
(d) To publish or broadcast, or cause to be published or broadcast, whether in print
or broadcast media, or show or exhibit the photo or video coverage or recordings
of such sexual act or any similar activity through VCD/DVD, internet, cellular
phones and other similar means or device.
The prohibition under paragraphs (b), (c) and (d) shall apply notwithstanding that consent to
record or take photo or video coverage of the same was given by such person/s. Any person
who violates this provision shall be liable for photo or video voyeurism as defined herein.
Section 5. Penalties. - The penalty of imprisonment of not less that three (3) years but not
more than seven (7) years and a fine of not less than One hundred thousand pesos
(P100,000.00) but not more than Five hundred thousand pesos (P500,000.00), or both, at the
discretion of the court shall be imposed upon any person found guilty of violating Section 4
of this Act.
If the violator is a juridical person, its license or franchise shall be automatically be deemed
revoked and the persons liable shall be the officers thereof including the editor and reporter
in the case of print media, and the station manager, editor and broadcaster in the case of a
broadcast media.
If the offender is a public officer or employee, or a professional, he/she shall be
administratively liable.
If the offender is an alien, he/she shall be subject to deportation proceedings after serving
his/her sentence and payment of fines.
Section 6. Exemption. - Nothing contained in this Act, however, shall render it unlawful or
punishable for any peace officer, who is authorized by a written order of the court, to use the
record or any copy thereof as evidence in any civil, criminal investigation or trial of the crime
of photo or video voyeurism: Provided, That such written order shall only be issued or
granted upon written application and the examination under oath or affirmation of the
applicant and the witnesses he/she may produce, and upon showing that there are
reasonable grounds to believe that photo or video voyeurism has been committed or is about
to be committed, and that the evidence to be obtained is essential to the conviction of any
person for, or to the solution or prevention of such, crime.

Section 7. Inadmissibility of Evidence. - Any record, photo or video, or copy thereof, obtained
or secured by any person in violation of the preceding sections shall not be admissible in
evidence in any judicial, quasi-judicial, legislative or administrative hearing or
investigation.1avvphi1

Section 8. Separability Clause. - If any provision or part hereof is held invalid or

unconstitutional, the remaining provisions not affected thereby shall remain valid and
subsisting.

Section 9. Repealing Clause. - Any law, presidential decree or issuance, executive order,
letter of instruction , administrative order, rule or regulation contrary to or inconsistent with
the provisions of this Act is hereby repealed, modified or amended accordingly.

Section 10. Effectivity Clause. - This Act shall take effect fifteen (15) days after its complete
publication in the Official Gazette or in two(2) newspapers of general circulation.
Republic Act No. 6713 February 20, 1989
AN ACT ESTABLISHING A CODE OF CONDUCT AND ETHICAL STANDARDS FOR PUBLIC
OFFICIALS AND EMPLOYEES, TO UPHOLD THE TIME-HONORED PRINCIPLE OF PUBLIC OFFICE
BEING A PUBLIC TRUST, GRANTING INCENTIVES AND REWARDS FOR EXEMPLARY SERVICE,
ENUMERATING PROHIBITED ACTS AND TRANSACTIONS AND PROVIDING PENALTIES FOR
VIOLATIONS THEREOF AND FOR OTHER PURPOSES
Be it enacted by the Senate and House of Representatives of the Philippines in Congress
assembled::
Section 1. Title. - This Act shall be known as the "Code of Conduct and Ethical Standards for
Public Officials and Employees."
Section 2. Declaration of Policies. - It is the policy of the State to promote a high standard of
ethics in public service. Public officials and employees shall at all times be accountable to the
people and shall discharge their duties with utmost responsibility, integrity, competence, and
loyalty, act with patriotism and justice, lead modest lives, and uphold public interest over
personal interest.
Section 3. Definition of Terms. - As used in this Act, the term:
(a) "Government" includes the National Government, the local governments, and
all other instrumentalities, agencies or branches of the Republic of the Philippines
including government-owned or controlled corporations, and their
subsidiaries.lawphi1.net
(b) "Public Officials" includes elective and appointive officials and employees,
permanent or temporary, whether in the career or non-career service, including
military and police personnel, whether or not they receive compensation,
regardless of amount.
(c) "Gift" refers to a thing or a right to dispose of gratuitously, or any act or
liberality, in favor of another who accepts it, and shall include a simulated sale or
an ostensibly onerous disposition thereof. It shall not include an unsolicited gift of
nominal or insignificant value not given in anticipation of, or in exchange for, a
favor from a public official or employee.
(d) "Receiving any gift" includes the act of accepting directly or indirectly, a gift
from a person other than a member of his family or relative as defined in this Act,
even on the occasion of a family celebration or national festivity like Christmas, if
the value of the gift is neither nominal nor insignificant, or the gift is given in
anticipation of, or in exchange for, a favor.
(e) "Loan" covers both simple loan and commodatum as well as guarantees,
financing arrangements or accommodations intended to ensure its approval.
(f) "Substantial stockholder" means any person who owns, directly or indirectly,
shares of stock sufficient to elect a director of a corporation. This term shall also
apply to the parties to a voting trust.
(g) "Family of public officials or employees" means their spouses and unmarried
children under eighteen (18) years of age.
(h) "Person" includes natural and juridical persons unless the context indicates
otherwise.
(i) "Conflict of interest" arises when a public official or employee is a member of a
board, an officer, or a substantial stockholder of a private corporation or owner or
has a substantial interest in a business, and the interest of such corporation or
business, or his rights or duties therein, may be opposed to or affected by the
faithful performance of official duty.
(j) "Divestment" is the transfer of title or disposal of interest in property by
voluntarily, completely and actually depriving or dispossessing oneself of his right
or title to it in favor of a person or persons other than his spouse and relatives as
defined in this Act.
(k) "Relatives" refers to any and all persons related to a public official or employee
within the fourth civil degree of consanguinity or affinity, including bilas, inso and
balae.
Section 4. Norms of Conduct of Public Officials and Employees. - (A) Every public official and
employee shall observe the following as standards of personal conduct in the discharge and
execution of official duties:
(a) Commitment to public interest. - Public officials and employees shall
always uphold the public interest over and above personal interest. All
government resources and powers of their respective offices must be
employed and used efficiently, effectively, honestly and economically,
particularly to avoid wastage in public funds and revenues.
(b) Professionalism. - Public officials and employees shall perform and
discharge their duties with the highest degree of excellence,
professionalism, intelligence and skill. They shall enter public service with
utmost devotion and dedication to duty. They shall endeavor to
discourage wrong perceptions of their roles as dispensers or peddlers of
undue patronage.
(c) Justness and sincerity. - Public officials and employees shall remain
true to the people at all times. They must act with justness and sincerity
and shall not discriminate against anyone, especially the poor and the
underprivileged. They shall at all times respect the rights of others, and
 shall refrain from doing acts contrary to law, good morals, good customs,
public policy, public order, public safety and public interest. They shall
not dispense or extend undue favors on account of their office to their
relatives whether by consanguinity or affinity except with respect to
appointments of such relatives to positions considered strictly
confidential or as members of their personal staff whose terms are
coterminous with theirs.
(d) Political neutrality. - Public officials and employees shall provide
service to everyone without unfair discrimination and regardless of party
affiliation or preference.
(e) Responsiveness to the public. - Public officials and employees shall
extend prompt, courteous, and adequate service to the public. Unless
otherwise provided by law or when required by the public interest, public
officials and employees shall provide information of their policies and
procedures in clear and understandable language, ensure openness of
information, public consultations and hearings whenever appropriate,
encourage suggestions, simplify and systematize policy, rules and
procedures, avoid red tape and develop an understanding and
appreciation of the socio-economic conditions prevailing in the country,
especially in the depressed rural and urban areas.
officials and employees in raising the general level of observance of these
standards.
Section 5. Duties of Public Officials and Employees. - In the performance of their duties, all
public officials and employees are under obligation to:lawphi1.net
(a) Act promptly on letters and requests. - All public officials and employees shall,
within fifteen (15) working days from receipt thereof, respond to letters, telegrams
or other means of communications sent by the public. The reply must contain the
action taken on the request.
(b) Submit annual performance reports. - All heads or other responsible officers of
offices and agencies of the government and of government-owned or controlled
corporations shall, within forty-five (45) working days from the end of the year,
render a performance report of the agency or office or corporation concerned.
Such report shall be open and available to the public within regular office hours.
(c) Process documents and papers expeditiously. - All official papers and documents
must be processed and completed within a reasonable time from the preparation
thereof and must contain, as far as practicable, not more than three (3) signatories
therein. In the absence of duly authorized signatories, the official next-in-rank or
officer in charge shall sign for and in their behalf.

(f) Nationalism and patriotism. - Public officials and employees shall at all
(d) Act immediately on the public's personal transactions. - All public officials and
times be loyal to the Republic and to the Filipino people, promote the use
employees must attend to anyone who wants to avail himself of the services of
of locally produced goods, resources and technology and encourage
their offices and must, at all times, act promptly and expeditiously.
appreciation and pride of country and people. They shall endeavor to
maintain and defend Philippine sovereignty against foreign intrusion.
(e) Make documents accessible to the public. - All public documents must be made
accessible to, and readily available for inspection by, the public within reasonable
(g) Commitment to democracy. - Public officials and employees shall
working hours.
commit themselves to the democratic way of life and values, maintain
the principle of public accountability, and manifest by deeds the
supremacy of civilian authority over the military. They shall at all times Section 6. System of Incentives and Rewards. - A system of annual incentives and rewards is
uphold the Constitution and put loyalty to country above loyalty to hereby established in order to motivate and inspire public servants to uphold the highest
persons or party. standards of ethics. For this purpose, a Committee on Awards to Outstanding Public Officials
and Employees is hereby created composed of the following: the Ombudsman and Chairman
of the Civil Service Commission as Co-Chairmen, and the Chairman of the Commission on
(h) Simple living. - Public officials and employees and their families shall
Audit, and two government employees to be appointed by the President, as members.
lead modest lives appropriate to their positions and income. They shall
not indulge in extravagant or ostentatious display of wealth in any form.
It shall be the task of this Committee to conduct a periodic, continuing review of the
performance of public officials and employees, in all the branches and agencies of
(B) The Civil Service Commission shall adopt positive measures to promote (1)
Government and establish a system of annual incentives and rewards to the end that due
observance of these standards including the dissemination of information
recognition is given to public officials and employees of outstanding merit on the basis of the
programs and workshops authorizing merit increases beyond regular progression
standards set forth in this Act.
steps, to a limited number of employees recognized by their office colleagues to be
outstanding in their observance of ethical standards; and (2) continuing research
and experimentation on measures which provide positive motivation to public The conferment of awards shall take into account, among other things, the following: the
years of service and the quality and consistency of performance, the obscurity of the
position, the level of salary, the unique and exemplary quality of a certain achievement, and (1) To further their private interests, or give undue advantage to anyone;
the risks or temptations inherent in the work. Incentives and rewards to government officials or
and employees of the year to be announced in public ceremonies honoring them may take
the form of bonuses, citations, directorships in government-owned or controlled (2) To prejudice the public interest.
corporations, local and foreign scholarship grants, paid vacations and the like. They shall
likewise be automatically promoted to the next higher position with the commensurate
(d) Solicitation or acceptance of gifts. - Public officials and employees shall not
salary suitable to their qualifications. In case there is no next higher position or it is not
solicit or accept, directly or indirectly, any gift, gratuity, favor, entertainment, loan
vacant, said position shall be included in the budget of the office in the next General
or anything of monetary value from any person in the course of their official duties
Appropriations Act. The Committee on Awards shall adopt its own rules to govern the
or in connection with any operation being regulated by, or any transaction which
conduct of its activities.
may be affected by the functions of their office.

Section 7. Prohibited Acts and Transactions. - In addition to acts and omissions of public
As to gifts or grants from foreign governments, the Congress consents to:
officials and employees now prescribed in the Constitution and existing laws, the following
shall constitute prohibited acts and transactions of any public official and employee and are
hereby declared to be unlawful: (i) The acceptance and retention by a public official or employee of a gift
of nominal value tendered and received as a souvenir or mark of
courtesy;
(a) Financial and material interest. - Public officials and employees shall not,
directly or indirectly, have any financial or material interest in any transaction
requiring the approval of their office. (ii) The acceptance by a public official or employee of a gift in the nature
of a scholarship or fellowship grant or medical treatment; or
(b) Outside employment and other activities related thereto. - Public officials and
employees during their incumbency shall not: (iii) The acceptance by a public official or employee of travel grants or
expenses for travel taking place entirely outside the Philippine (such as
allowances, transportation, food, and lodging) of more than nominal
(1) Own, control, manage or accept employment as officer, employee,
value if such acceptance is appropriate or consistent with the interests of
consultant, counsel, broker, agent, trustee or nominee in any private
the Philippines, and permitted by the head of office, branch or agency to
enterprise regulated, supervised or licensed by their office unless
which he belongs.
expressly allowed by law;

The Ombudsman shall prescribe such regulations as may be necessary to carry out
(2) Engage in the private practice of their profession unless authorized by
the purpose of this subsection, including pertinent reporting and disclosure
the Constitution or law, provided, that such practice will not conflict or
requirements.
tend to conflict with their official functions; or

Nothing in this Act shall be construed to restrict or prohibit any educational,

(3) Recommend any person to any position in a private enterprise which
scientific or cultural exchange programs subject to national security requirements.
has a regular or pending official transaction with their office.

Section 8. Statements and Disclosure. - Public officials and employees have an obligation to
These prohibitions shall continue to apply for a period of one (1) year after
accomplish and submit declarations under oath of, and the public has the right to know, their
resignation, retirement, or separation from public office, except in the case of
assets, liabilities, net worth and financial and business interests including those of their
subparagraph (b) (2) above, but the professional concerned cannot practice his
spouses and of unmarried children under eighteen (18) years of age living in their
profession in connection with any matter before the office he used to be with, in
households.
which case the one-year prohibition shall likewise apply.

(A) Statements of Assets and Liabilities and Financial Disclosure. - All public officials
(c) Disclosure and/or misuse of confidential information. - Public officials and
and employees, except those who serve in an honorary capacity, laborers and
employees shall not use or divulge, confidential or classified information officially
casual or temporary workers, shall file under oath their Statement of Assets,
known to them by reason of their office and not made available to the public,
Liabilities and Net Worth and a Disclosure of Business Interests and Financial
either:
Connections and those of their spouses and unmarried children under eighteen
(18) years of age living in their households.
The two documents shall contain information on the following:
(a) real property, its improvements, acquisition costs, assessed value and
current fair market value;
(b) personal property and acquisition cost;
(c) all other assets such as investments, cash on hand or in banks, stocks,
bonds, and the like;
(d) liabilities, and;
(e) all business interests and financial connections.
The documents must be filed:
(a) within thirty (30) days after assumption of office;
(b) on or before April 30, of every year thereafter; and
(c) within thirty (30) days after separation from the service.
All public officials and employees required under this section to file the aforestated
documents shall also execute, within thirty (30) days from the date of their
assumption of office, the necessary authority in favor of the Ombudsman to obtain
from all appropriate government agencies, including the Bureau of Internal
Revenue, such documents as may show their assets, liabilities, net worth, and also
their business interests and financial connections in previous years, including, if
possible, the year when they first assumed any office in the Government.
Husband and wife who are both public officials or employees may file the required
statements jointly or separately.
The Statements of Assets, Liabilities and Net Worth and the Disclosure of Business
Interests and Financial Connections shall be filed by:
(1) Constitutional and national elective officials, with the national office
of the Ombudsman;
(2) Senators and Congressmen, with the Secretaries of the Senate and the
House of Representatives, respectively; Justices, with the Clerk of Court
of the Supreme Court; Judges, with the Court Administrator; and all
national executive officials with the Office of the President.
(3) Regional and local officials and employees, with the Deputy
Ombudsman in their respective regions;
(4) Officers of the armed forces from the rank of colonel or naval captain,
with the Office of the President, and those below said ranks, with the
Deputy Ombudsman in their respective regions; and
(5) All other public officials and employees, defined in Republic Act No.
3019, as amended, with the Civil Service Commission.
(B) Identification and disclosure of relatives. - It shall be the duty of every public official or
employee to identify and disclose, to the best of his knowledge and information, his relatives
in the Government in the form, manner and frequency prescribed by the Civil Service
Commission.
(C) Accessibility of documents. - (1) Any and all statements filed under this Act, shall be made
available for inspection at reasonable hours.
(2) Such statements shall be made available for copying or reproduction after ten
(10) working days from the time they are filed as required by law.
(3) Any person requesting a copy of a statement shall be required to pay a
reasonable fee to cover the cost of reproduction and mailing of such statement, as
well as the cost of certification.
(4) Any statement filed under this Act shall be available to the public for a period of
ten (10) years after receipt of the statement. After such period, the statement may
be destroyed unless needed in an ongoing investigation.
(D) Prohibited acts. - It shall be unlawful for any person to obtain or use any statement filed
under this Act for:
(a) any purpose contrary to morals or public policy; or
(b) any commercial purpose other than by news and communications media for
dissemination to the general public.
Section 9. Divestment. - A public official or employee shall avoid conflicts of interest at all
times. When a conflict of interest arises, he shall resign from his position in any private
business enterprise within thirty (30) days from his assumption of office and/or divest
himself of his shareholdings or interest within sixty (60) days from such assumption.
The same rule shall apply where the public official or employee is a partner in a partnership.
The requirement of divestment shall not apply to those who serve the Government in an
honorary capacity nor to laborers and casual or temporary workers.
Section 10. Review and Compliance Procedure. - (a) The designated Committees of both
Houses of the Congress shall establish procedures for the review of statements to determine
whether said statements which have been submitted on time, are complete, and are in
proper form. In the event a determination is made that a statement is not so filed, the
appropriate Committee shall so inform the reporting individual and direct him to take the
necessary corrective action.
(b) In order to carry out their responsibilities under this Act, the designated
Committees of both Houses of Congress shall have the power within their
respective jurisdictions, to render any opinion interpreting this Act, in writing, to
persons covered by this Act, subject in each instance to the approval by affirmative
vote of the majority of the particular House concerned.
The individual to whom an opinion is rendered, and any other individual involved in
a similar factual situation, and who, after issuance of the opinion acts in good faith
in accordance with it shall not be subject to any sanction provided in this Act.
(c) The heads of other offices shall perform the duties stated in subsections (a) and
(b) hereof insofar as their respective offices are concerned, subject to the approval
of the Secretary of Justice, in the case of the Executive Department and the Chief
Justice of the Supreme Court, in the case of the Judicial Department.
Section 11. Penalties. - (a) Any public official or employee, regardless of whether or not he
holds office or employment in a casual, temporary, holdover, permanent or regular capacity,
committing any violation of this Act shall be punished with a fine not exceeding the
equivalent of six (6) months' salary or suspension not exceeding one (1) year, or removal
depending on the gravity of the offense after due notice and hearing by the appropriate body
or agency. If the violation is punishable by a heavier penalty under another law, he shall be
prosecuted under the latter statute. Violations of Sections 7, 8 or 9 of this Act shall be
punishable with imprisonment not exceeding five (5) years, or a fine not exceeding five
thousand pesos (P5,000), or both, and, in the discretion of the court of competent
jurisdiction, disqualification to hold public office.
(b) Any violation hereof proven in a proper administrative proceeding shall be
sufficient cause for removal or dismissal of a public official or employee, even if no
criminal prosecution is instituted against him.
(c) Private individuals who participate in conspiracy as co-principals, accomplices or
accessories, with public officials or employees, in violation of this Act, shall be
subject to the same penal liabilities as the public officials or employees and shall be
tried jointly with them.
(d) The official or employee concerned may bring an action against any person who
obtains or uses a report for any purpose prohibited by Section 8 (D) of this Act. The
Court in which such action is brought may assess against such person a penalty in
any amount not to exceed twenty-five thousand pesos (P25,000). If another
sanction hereunder or under any other law is heavier, the latter shall apply.
Section 12. Promulgation of Rules and Regulations, Administration and Enforcement of this
Act. - The Civil Service Commission shall have the primary responsibility for the
administration and enforcement of this Act. It shall transmit all cases for prosecution arising
from violations of this Act to the proper authorities for appropriate action: Provided,
however, That it may institute such administrative actions and disciplinary measures as may
be warranted in accordance with law. Nothing in this provision shall be construed as a
deprivation of the right of each House of Congress to discipline its Members for disorderly
behavior.
The Civil Service Commission is hereby authorized to promulgate rules and regulations
necessary to carry out the provisions of this Act, including guidelines for individuals who
render free voluntary service to the Government. The Ombudsman shall likewise take steps
to protect citizens who denounce acts or omissions of public officials and employees which
are in violation of this Act.
Section 13. Provisions for More Stringent Standards. - Nothing in this Act shall be construed
to derogate from any law, or any regulation prescribed by any body or agency, which
provides for more stringent standards for its official and employees.
Section 14. Appropriations. - The sum necessary for the effective implementation of this Act
shall be taken from the appropriations of the Civil Service Commission. Thereafter, such sum
as may be needed for its continued implementation shall be included in the annual General
Appropriations Act.
Section 15. Separability Clause. - If any provision of this Act or the application of such
provision to any person or circumstance is declared invalid, the remainder of the Act or the
application of such provision to other persons or circumstances shall not be affected by such
declaration.
Section 16. Repealing Clause. - All laws, decrees and orders or parts thereof inconsistent
herewith, are deemed repealed or modified accordingly, unless the same provide for a
heavier penalty.
Section 17. Effectivity. - This Act shall take effect after thirty (30) days following the
completion of its publication in the Official Gazette or in two (2) national newspapers of
general circulation.
REPUBLIC ACT No. 3019 public officer, in any manner or capacity, has secured or obtained, or will secure or
obtain, any Government permit or license, in consideration for the help given or to
ANTI-GRAFT AND CORRUPT PRACTICES ACT be given, without prejudice to Section thirteen of this Act.

Section 1. Statement of policy. It is the policy of the Philippine Government, in line with the (d) Accepting or having any member of his family accept employment in a private
principle that a public office is a public trust, to repress certain acts of public officers and enterprise which has pending official business with him during the pendency
private persons alike which constitute graft or corrupt practices or which may lead thereto. thereof or within one year after its termination.

Section 2. Definition of terms. As used in this Act, that term
(a) "Government" includes the national government, the local governments, the
government-owned and government-controlled corporations, and all other
instrumentalities or agencies of the Republic of the Philippines and their branches.
(e) Causing any undue injury to any party, including the Government, or giving any
private party any unwarranted benefits, advantage or preference in the discharge
of his official administrative or judicial functions through manifest partiality,
evident bad faith or gross inexcusable negligence. This provision shall apply to
officers and employees of offices or government corporations charged with the
grant of licenses or permits or other concessions.

(b) "Public officer" includes elective and appointive officials and employees,
(f) Neglecting or refusing, after due demand or request, without sufficient
permanent or temporary, whether in the classified or unclassified or exempt
justification, to act within a reasonable time on any matter pending before him for
service receiving compensation, even nominal, from the government as defined in
the purpose of obtaining, directly or indirectly, from any person interested in the
the preceding subparagraph.
matter some pecuniary or material benefit or advantage, or for the purpose of
favoring his own interest or giving undue advantage in favor of or discriminating
(c) "Receiving any gift" includes the act of accepting directly or indirectly a gift from against any other interested party.
a person other than a member of the public officer's immediate family, in behalf of
himself or of any member of his family or relative within the fourth civil degree,
(g) Entering, on behalf of the Government, into any contract or transaction
either by consanguinity or affinity, even on the occasion of a family celebration or
manifestly and grossly disadvantageous to the same, whether or not the public
national festivity like Christmas, if the value of the gift is under the circumstances
officer profited or will profit thereby.
manifestly excessive.

(h) Director or indirectly having financing or pecuniary interest in any business,

(d) "Person" includes natural and juridical persons, unless the context indicates
contract or transaction in connection with which he intervenes or takes part in his
otherwise.
official capacity, or in which he is prohibited by the Constitution or by any law from
having any interest.
Section 3. Corrupt practices of public officers. In addition to acts or omissions of public
officers already penalized by existing law, the following shall constitute corrupt practices of
(i) Directly or indirectly becoming interested, for personal gain, or having a material
any public officer and are hereby declared to be unlawful:
interest in any transaction or act requiring the approval of a board, panel or group
of which he is a member, and which exercises discretion in such approval, even if
(a) Persuading, inducing or influencing another public officer to perform an act he votes against the same or does not participate in the action of the board,
constituting a violation of rules and regulations duly promulgated by competent committee, panel or group.
authority or an offense in connection with the official duties of the latter, or
allowing himself to be persuaded, induced, or influenced to commit such violation
Interest for personal gain shall be presumed against those public officers
or offense.
responsible for the approval of manifestly unlawful, inequitable, or irregular
transaction or acts by the board, panel or group to which they belong.
(b) Directly or indirectly requesting or receiving any gift, present, share,
percentage, or benefit, for himself or for any other person, in connection with any
(j) Knowingly approving or granting any license, permit, privilege or benefit in favor
contract or transaction between the Government and any other part, wherein the
of any person not qualified for or not legally entitled to such license, permit,
public officer in his official capacity has to intervene under the law.
privilege or advantage, or of a mere representative or dummy of one who is not so
qualified or entitled.
(c) Directly or indirectly requesting or receiving any gift, present or other pecuniary
or material benefit, for himself or for another, from any person for whom the
 (k) Divulging valuable information of a confidential character, acquired by his office
or by him on account of his official position to unauthorized persons, or releasing
such information in advance of its authorized release date.
The person giving the gift, present, share, percentage or benefit referred to in subparagraphs
(b) and (c); or offering or giving to the public officer the employment mentioned in
subparagraph (d); or urging the divulging or untimely release of the confidential information
referred to in subparagraph (k) of this section shall, together with the offending public
officer, be punished under Section nine of this Act and shall be permanently or temporarily
disqualified in the discretion of the Court, from transacting business in any form with the
Government.
Section 4. Prohibition on private individuals. (a) It shall be unlawful for any person having
family or close personal relation with any public official to capitalize or exploit or take
advantage of such family or close personal relation by directly or indirectly requesting or
receiving any present, gift or material or pecuniary advantage from any other person having
some business, transaction, application, request or contract with the government, in which
such public official has to intervene. Family relation shall include the spouse or relatives by
consanguinity or affinity in the third civil degree. The word "close personal relation" shall
include close personal friendship, social and fraternal connections, and professional
employment all giving rise to intimacy which assures free access to such public officer.
(b) It shall be unlawful for any person knowingly to induce or cause any public
official to commit any of the offenses defined in Section 3 hereof.
Section 5. Prohibition on certain relatives. It shall be unlawful for the spouse or for any
relative, by consanguinity or affinity, within the third civil degree, of the President of the
Philippines, the Vice-President of the Philippines, the President of the Senate, or the Speaker
of the House of Representatives, to intervene, directly or indirectly, in any business,
transaction, contract or application with the Government: Provided, That this section shall
not apply to any person who, prior to the assumption of office of any of the above officials to
whom he is related, has been already dealing with the Government along the same line of
business, nor to any transaction, contract or application already existing or pending at the
time of such assumption of public office, nor to any application filed by him the approval of
which is not discretionary on the part of the official or officials concerned but depends upon
compliance with requisites provided by law, or rules or regulations issued pursuant to law,
nor to any act lawfully performed in an official capacity or in the exercise of a profession.
Section 6. Prohibition on Members of Congress. It shall be unlawful hereafter for any
Member of the Congress during the term for which he has been elected, to acquire or receive
any personal pecuniary interest in any specific business enterprise which will be directly and
particularly favored or benefited by any law or resolution authored by him previously
approved or adopted by the Congress during the same term.
The provision of this section shall apply to any other public officer who recommended the
initiation in Congress of the enactment or adoption of any law or resolution, and acquires or
receives any such interest during his incumbency.
It shall likewise be unlawful for such member of Congress or other public officer, who, having
such interest prior to the approval of such law or resolution authored or recommended by
him, continues for thirty days after such approval to retain such interest.
Section 7. Statement of assets and liabilities. Every public officer, within thirty days after the
approval of this Act or after assuming office, and within the month of January of every other
year thereafter, as well as upon the expiration of his term of office, or upon his resignation or
separation from office, shall prepare and file with the office of the corresponding
Department Head, or in the case of a Head of Department or chief of an independent office,
with the Office of the President, or in the case of members of the Congress and the officials
and employees thereof, with the Office of the Secretary of the corresponding House, a true
detailed and sworn statement of assets and liabilities, including a statement of the amounts
and sources of his income, the amounts of his personal and family expenses and the amount
of income taxes paid for the next preceding calendar year: Provided, That public officers
assuming office less than two months before the end of the calendar year, may file their
statements in the following months of January.
Section 8. Dismissal due to unexplained wealth. If in accordance with the provisions of
Republic Act Numbered One thousand three hundred seventy-nine, a public official has been
found to have acquired during his incumbency, whether in his name or in the name of other
persons, an amount of property and/or money manifestly out of proportion to his salary and
to his other lawful income, that fact shall be a ground for dismissal or removal. Properties in
the name of the spouse and unmarried children of such public official may be taken into
consideration, when their acquisition through legitimate means cannot be satisfactorily
shown. Bank deposits shall be taken into consideration in the enforcement of this section,
notwithstanding any provision of law to the contrary.
Section 9. Penalties for violations. (a) Any public officer or private person committing any of
the unlawful acts or omissions enumerated in Sections 3, 4, 5 and 6 of this Act shall be
punished with imprisonment for not less than one year nor more than ten years, perpetual
disqualification from public office, and confiscation or forfeiture in favor of the Government
of any prohibited interest and unexplained wealth manifestly out of proportion to his salary
and other lawful income.
Any complaining party at whose complaint the criminal prosecution was initiated shall, in
case of conviction of the accused, be entitled to recover in the criminal action with priority
over the forfeiture in favor of the Government, the amount of money or the thing he may
have given to the accused, or the value of such thing.
(b) Any public officer violation any of the provisions of Section 7 of this Act shall be
punished by a fine of not less than one hundred pesos nor more than one thousand
pesos, or by imprisonment not exceeding one year, or by both such fine and
imprisonment, at the discretion of the Court.
The violation of said section proven in a proper administrative proceeding shall be sufficient
cause for removal or dismissal of a public officer, even if no criminal prosecution is instituted
against him.
Section 10. Competent court. Until otherwise provided by law, all prosecutions under this Act
shall be within the original jurisdiction of the proper Court of First Instance.

Section 11. Prescription of offenses. All offenses punishable under this Act shall prescribe in
ten years.

Section 12. Termination of office. No public officer shall be allowed to resign or retire
pending an investigation, criminal or administrative, or pending a prosecution against him,
for any offense under this Act or under the provisions of the Revised Penal Code on bribery.

Section 13. Suspension and loss of benefits. Any public officer against whom any criminal
prosecution under a valid information under this Act or under the provisions of the Revised
Penal Code on bribery is pending in court, shall be suspended from office. Should he be
convicted by final judgment, he shall lose all retirement or gratuity benefits under any law,
but if he is acquitted, he shall be entitled to reinstatement and to the salaries and benefits
which he failed to receive during suspension, unless in the meantime administrative
proceedings have been filed against him.

Section 14. Exception. Unsolicited gifts or presents of small or insignificant value offered or
given as a mere ordinary token of gratitude or friendship according to local customs or usage,
shall be excepted from the provisions of this Act.

Nothing in this Act shall be interpreted to prejudice or prohibit the practice of any profession,
lawful trade or occupation by any private person or by any public officer who under the law
may legitimately practice his profession, trade or occupation, during his incumbency, except
where the practice of such profession, trade or occupation involves conspiracy with any
other person or public official to commit any of the violations penalized in this Act.

Section 15. Separability clause. If any provision of this Act or the application of such provision
to any person or circumstances is declared invalid, the remainder of the Act or the
application of such provision to other persons or circumstances shall not be affected by such
declaration.

Section 16. Effectivity. This Act shall take effect on its approval, but for the purpose of
determining unexplained wealth, all property acquired by a public officer since he assumed
office shall be taken into consideration.
Republic Act No. 7080 July 12, 1991
AN ACT DEFINING AND PENALIZING THE CRIME OF PLUNDER
Be it enacted by the Senate and House of Representatives of the Philippines in Congress
assembled::
Section 1. Definition of Terms - As used in this Act, the term -
a) Public Officer means any person holding any public office in the Government of
the Republic of the Philippines by virtue of an appointment, election or contract.
b) Government includes the National Government, and any of its subdivisions,
agencies or instrumentalities, including government-owned or -controlled
corporations and their subsidiaries.
c) Person includes any natural or juridical person, unless the context indicates
otherwise.
d) Ill-gotten wealth means any asset, property, business enterprise or material
possession of any person within the purview of Section Two (2) hereof, acquired by
him directly or indirectly through dummies, nominees, agents, subordinates and/or
business associates by any combination or series of the following means or similar
schemes:
1) Through misappropriation, conversion, misuse, or malversation of
public funds or raids on the public treasury;
2) By receiving, directly or indirectly, any commission, gift, share,
percentage, kickbacks or any other form of pecuniary benefit from any
person and/or entity in connection with any government contract or
project or by reason of the office or position of the public officer
concerned;
3) By the illegal or fraudulent conveyance or disposition of assets
belonging to the National Government or any of its subdivisions, agencies
or instrumentalities or government-owned or -controlled corporations
and their subsidiaries;
4) By obtaining, receiving or accepting directly or indirectly any shares of
stock, equity or any other form of interest or participation including
promise of future employment in any business enterprise or undertaking;
5) By establishing agricultural, industrial or commercial monopolies or
other combinations and/or implementation of decrees and orders
intended to benefit particular persons or special interests; or
6) By taking undue advantage of official position, authority, relationship,
connection or influence to unjustly enrich himself or themselves at the
expense and to the damage and prejudice of the Filipino people and the
Republic of the Philippines.
See Section 2 As amended by Section 12 of RA No.7659
Section 2. Definition of the Crime of Plunder; Penalties - Any public officer who, by himself
or in connivance with members of his family, relatives by affinity or consanguinity, business
associates, subordinates or other persons, amasses, accumulates or acquires ill-gotten
wealth through a combination or series of overt or criminal acts as described in Section 1(d)
hereof, in the aggregate amount or total value of at least Seventy-five million pesos
(P75,000,000.00), shall be guilty of the crime of plunder and shall be punished by life
imprisonment with perpetual absolute disqualification from holding any public office. Any
person who participated with said public officer in the commission of plunder shall likewise
be punished. In the imposition of penalties, the degree of participation and the attendance of
mitigating and extenuating circumstances shall be considered by the court. The court shall
declare any and all ill-gotten wealth and their interests and other incomes and assets
including the properties and shares of stock derived from the deposit or investment thereof
forfeited in favor of the State.
Section 3. Competent Court - Until otherwise provided by law, all prosecutions under this Act
shall be within the original jurisdiction of the Sandiganbayan.
Section 4. Rule of Evidence - For purposes of establishing the crime of plunder, it shall not be
necessary to prove each and every criminal act done by the accused in furtherance of the
scheme or conspiracy to amass, accumulate or acquire ill-gotten wealth, it being sufficient to
establish beyond reasonable doubt a pattern of overt or criminal acts indicative of the overall
unlawful scheme or conspiracy.
Section 5. Suspension and Loss of Benefits - Any public officer against whom any criminal
prosecution under a valid information under this Act in whatever stage of execution and
mode of participation, is pending in court, shall be suspended from office. Should he be
convicted by final judgment, he shall lose all retirement or gratuity benefits under any law,
but if he is acquitted, he shall be entitled to reinstatement and to the salaries and other
benefits which he failed to receive during suspension, unless in the meantime, administrative
proceedings have been filed against him.
Section 6. Prescription of Crimes - The crime punishable under this Act shall prescribe in
twenty (20) years. However, the right of the State to recover properties unlawfully acquired
by public officers from them or from their nominees or transferees shall not be barred by
prescription, laches, or estoppel.
Section 7. Separability of Provisions - If any provisions of this Act or the application thereof
to any person or circumstance is held invalid, the remaining provisions of this Act and the
application of such provisions to other persons or circumstances shall not be affected
thereby.

Section 8. Scope - This Act shall not apply to or affect pending prosecutions or proceedings,
or those which may be instituted under Executive Order No. 1, issued and promulgated on
February 28, 1986.

Section 9. Effectivity - This Act shall take effect after fifteen (15) days from its publication in
the Official Gazette and in a newspaper of general circulation.
PRESIDENTIAL DECREE No. 46 November 10, 1972

MAKING IT PUNISHABLE FOR PUBLIC OFFICIALS AND EMPLOYEES TO RECEIVE, AND FOR
PRIVATE PERSONS TO GIVE, GIFTS ON ANY OCCASION, INCLUDING CHRISTMAS

WHEREAS, under existing laws and the civil service rules, it is prohibited to receive, directly or
indirectly, any gift, present or any other form of benefit in the course of official duties;

WHEREAS, it is believed necessary to put more teeth to existing laws and regulations to wipe
out all conceivable forms of graft and corruption in the public service, the members of which
should not only be honest but above suspicion and reproach; and

WHEREAS, the stoppage of the practice of gift-giving to government men is a concrete step in
the administration's program of reforms for the development of new moral values in the
social structure of the country, one of the main objectives of the New Society;

NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by virtue of the

powers vested in me by the Constitution as Commander-in-Chief of all the Armed Forces of
the Philippines, and pursuant to Proclamation No. 1081 dated September 21, 1972, and
General Order No. 1 dated September 22, 1972, do hereby make it punishable for any public
official or employee, whether of the national or local governments, to receive, directly or
indirectly, and for private persons to give, or offer to give, any gift, present or other valuable
thing to any occasion, including Christmas, when such gift, present or other valuable thing is
given by reason of his official position, regardless of whether or not the same is for past favor
or favors or the giver hopes or expects to receive a favor or better treatment in the future
from the public official or employee concerned in the discharge of his official functions.
Included within the prohibition is the throwing of parties or entertainments in honor of the
official or employees or his immediate relatives.

For violation of this Decree, the penalty of imprisonment for not less than one (1) year nor
more than five (5) years and perpetual disqualification from public office shall be imposed.
The official or employee concerned shall likewise be subject to administrative disciplinary
action and, if found guilty, shall be meted out the penalty of suspension or removal,
depending on the seriousness of the offense.

Any provision of law, executive order, rule or regulation or circular inconsistent with this
Decree is hereby repealed or modified accordingly.

This Decree shall take effect immediately after its publication.

Done in the City of Manila, this 10th day of November, in the year of Our Lord, nineteen
hundred and seventy-two.
Republic Act No. 9485 June 02, 2007
AN ACT TO IMPROVE EFFICIENCY IN THE DELIVERY OF GOVERNMENT SERVICE TO THE
PUBLIC BY REDUCING BUREAUCRATIC RED TAPE, PREVENTING GRAFT AND CORRUPTION,
AND PROVIDING PENALTIES THEREFOR
Be it enacted by the Senate and the House of Representatives of the Philippines in Congress
assembled:
SECTION 1. Short Title. - This Act shall be known as the "Anti-Red Tape Act of 2007".
SEC. 2. Declaration of Policy. - It is hereby declared the policy of the State to promote
integrity, accountability, proper management of public affairs and public property as well as
to establish effective practices aimed at the prevention of graft and corruption in
government. Towards this end, the State shall maintain honesty and responsibility among its
public officials and employees, and shall take appropriate measures to promote transparency
in each agency with regard to the manner of transacting with the public, which shall
encompass a program for the adoption of simplified procedures that will reduce red tape and
expedite transactions in government.
SEC. 3. Coverage. - This Act shall apply to all government offices and agencies including local
government units and government-owned or -controlled corporations that provide frontline
services as defined in this Act. Those performing judicial, quasi-judicial and legislative
functions are excluded from the coverage of this Act.
SEC. 4. Definition of Terms. - As used in this Act, the following terms are defined as follows:
(a) "Simple Transactions" refer to requests or applications submitted by clients of a
government office or agency which only require ministerial actions on the part of
the public officer or employee, or that which present only inconsequential issues
for the resolution by an officer or employee of said government office.
(b) "Complex Transactions" refer to requests or applications submitted by clients of
a government office which necessitate the use of discretion in the resolution of
complicated issues by an officer or employee of said government office, such
transaction to be determined by the office concerned.
(c) "Frontline Service" refers to the process or transaction between clients and
government offices or agencies involving applications for any privilege, right,
permit, reward, license, concession, or for any modification, renewal or extension
of the enumerated applications and/or requests which are acted upon in the
ordinary course of business of the agency or office concerned.
(d) "Action" refers to the written approval or disapproval made by a government
office or agency on the application or request submitted by a client for processing.
(e) "Officer or Employee" refers to a person employed in a government office or
agency required to perform specific duties and responsibilities related to the
application or request submitted by a client for processing.
(f) "Irrevelant requirement" refer to any document or performance of an act not
directly material to the resolution of the issues raised in the request or needed in
the application submitted by the client.
(g) "Fixer" refers to any individual whether or not officially involved in the
operation of a government office or agency who has access to people working
therein, and whether or not in collusion with them, facilitates speedy completion of
transactions for pecuniary gain or any other advantage or consideration.
SEC. 5 Reengineering of Systems and Procedures. - All offices and agencies which provide
frontline services are hereby mandated to regularly undertake time and motion studies,
undergo evaluation and improvement of their transaction systems and procedures and re-
engineer the same if deemed necessary to reduce bureaucratic red tape and processing time.
SEC. 6. Citizen's Charter. - All government agencies including departments, bureaus, offices,
instrumentalities, or government-owned and/or controlled corporations, or local
government or district units shall set up their respective service standards to be known as the
Citizen's Charter in the form of information billboards which should be posted at the main
entrance of offices or at the most conspicuous place, and in the form of published materials
written either in English, Filipino, or in the local dialect, that detail:
(a) The procedure to obtain a particular service;
(b) The person/s responsible for each step;
(c) The maximum time to conclude the process;
(d) The document/s to be presented by the customer, if necessary;
(e) The amount of fees, if necessary; and
(f) The procedure for filing complaints.
SEC. 7. Accountability of the Heads of Offices and Agencies. - The head of the office or
agency shall be primarily responsible for the implementation of this Act and shall be held
accountable to the public in rendering fast, efficient, convenient and reliable service. All
transactions and processes are deemed to have been made with the permission or clearance
from the highest authority having jurisdiction over the government office or agency
concerned.
SEC. 8. Accessing Frontline Services. - The following shall be adopted by all government
offices and agencies:
(a) Acceptance of Applications and Request - (1) All officers or employees shall
accept written applications, requests, and/or documents being submitted by clients
of the office or agencies.
(2) The responsible officer or employee shall acknowledge receipt of such
application and/or request by writing or printing clearly thereon his/her
name, the unit where he/she is connected with, and the time and date of
receipt.
(3) The receiving officer or employee shall perform a preliminary
assessment of the request so as to promote a more expeditious action on
requests.
(b) Action of Offices - (1) All applications and/or requests submitted shall be acted
upon by the assigned officer or employee during the period stated in the Citizen's
Charter which shall not be longer than five working days in the case of simple
transactions and ten (10) working days in the case of complex transactions from
the date the request or application was received. Depending on the nature of the
frontline services requested or the mandate of the office or agency under unusual
circumstances, the maximum time prescribed above may be extended. For the
extension due to nature of frontline services or the mandate of the office or agency
concerned the period for the delivery of frontline services shall be indicated in the
Citizen's Charter. The office or agency concerned shall notify the requesting party
in writing of the reason for the extension and the final date of release for the
extension and the final date of release of the frontline service/s requested.
(2) No application or request shall be returned to the client without
appropriate action. In case an application or request is disapproved, the
officer or employee who rendered the decision shall send a formal notice
to the client within five working days from the receipt of the request
and/or application, stating therein the reason for the disapproval
including a list of specific requirement/s which the client failed to submit.
(c) Denial of Request for Access to Government Service - Any denial of request for
access to government service shall be fully explained in writing, stating the name of
the person making the denial and the grounds upon which such denial is based.
Any denial of request is deemed to have been made with the permission or
clearance from the highest authority having jurisdiction over the government office
or agency concerned.
(d) Limitation of Signatories - The number of signatories in any document shall be
limited to a maximum of five signatures which shall represent officers directly
supervising the office or agency concerned.
(e) Adoption of Working Schedules to Serve Clients - Heads of offices and agencies
which render frontline services shall adopt appropriate working schedules to
ensure that all clients who are within their premises prior to the end of official
working hours are attended to and served even during lunch break and after
regular working hours.
(f) Identification Card - All employees transacting with the public shall be provided
with an official identification card which should be visibly worn during office hours.
(g) Establishment of Public Assistance/Complaints Desk - Each office or agency shall
establish a public assistance/complaints desk in all their offices.
SEC. 9. Automatic Extension of Permits and Licenses. - - If a government office or agency fails
to act on an application and/or request for renewal of a license, permit or authority subject
for renewal within the prescribed period, said permit, license or authority shall automatically
be extended until a decision or resolution is rendered on the application for
renewal: Provided, That the automatic extension shall not apply when the permit, license, or
authority covers activities which pose danger to public health, public safety, public morals or
to public policy including, but not limited to, natural resource extraction activities.
SEC. 10. Report Card Survey. - All offices and agencies providing frontline services shall be
subjected to a Report Card Survey to be initiated by the Civil Service Commission, in
coordination with the Development Academy of the Philippines, which shall be used to
obtain feedback on how provisions in the Citizen's Charter are being followed and how the
agency is performing.
The Report Card Survey shall also be used to obtain information and/or estimates of hidden
costs incurred by clients to access frontline services which may include, but is not limited to,
bribes and payment to fixers.
A feedback mechanism shall be established in all agencies covered by this Act and the results
thereof shall be incorporated in their annual report.
SEC. 11. Violations. - After compliance with the substantive and procedural due process, the
following shall constitute violations of this Act together with their corresponding penalties:
(a) Light Offense - (1) Refusal to accept application and/or request within the
prescribed period or any document being submitted by a client;
(2) Failure to act on an application and/or request or failure to refer back
to the client a request which cannot be acted upon due to lack of
requirement/s within the prescribed period;
(3) Failure to attend to clients who are within the premises of the office
or agency concerned prior to the end of official working hours and during
lunch
 (4) Failure to render frontline services within the prescribed period on (a) There is absolute necessity for the testimony of the respondent/accused-
any application and/or request without due cause; informant whose discharge is requested;

(5) Failure to give the client a written notice on the disapproval of an (b) There is no other direct evidence available for the proper prosecution of the
application or request; and offense committed, except the testimony of said respondent/accused-informant;

(6) Imposition of additional irrelevant requirements other than those (c) The testimony of said respondent/accused-informant can be substantially
listed in the first notice. corroborated in its material points;

Penalties for light offense shall be as follows: (d) The responden/accused-informant has not been previously convicted of a crime
involving moral turpitude; and
First Offense - Thirty (30) days suspension without pay and
mandatory attendance in Values Orientation Program; (e) Said responden/accused-informant does not appear to be the most guilty.

Second Offense - Three (3) months suspension without pay; and Evidence adduced in support of the discharge shall automatically form part of the records of
the investigation. Should the investigating body or court deny the motion or request for
Third Offense - Dismissal and perpetual disqualification from discharge as a witness, his/her sworn statement shall be inadmissible as evidence.
public service.
SEC. 16. Implementing Rules and Regulations. - The Civil Service Commission in coordination
(b) Grave Offense - Fixing and/or collusion with fixers in consideration of economic with the Development Academy of the Philippines (DAP), the Office of the Ombudsman and
and/or other gain or advantage. the Presidential Anti-Graft Commission (PAGC), shall promulgate the necessary rules and
regulations within ninety (90) days from the effectivity of this Act.
Penalty - Dismissal and perpetual disqualification from public service.
SEC. 17. Separability Clause. - If any provision of this Act shall be declared invalid or
unconstitutional, such declaration shall not affect the validity of the remaining provisions of
SEC. 12. Criminal Liability for Fixers. - In addition to Sec. 11 (b), fixers, as defined in this Act,
this Act.
shall suffer the penalty of imprisonment not exceeding six years or a fine not less than
Twenty Thousand Pesos (P20,000.00) but not more than Two Hundred Thousand Pesos
(P200,000.00) or both fine and imprisonment at the discretion of the court. SEC. 18. Repealing Clause. - All provisions of laws, presidential decrees, letters of instruction
and other presidential issuances which are incompatible or inconsistent with the provisions
of this Act are hereby deemed amended or repealed.
SEC. 13. Civil and Criminal Liability, Not Barred. - The finding of administrative liability under
this Act shall not be a bar to the filing of criminal, civil or other related charges under existing
laws arising from the same act or omission as herein enumerated. SEC. 19. Effectivity. - This Act shall take effect within fifteen (15) days following its
publication in the Official Gazette or in two (2) national newspapers of general circulation.
SEC. 14. Administrative Jurisdiction. - The administrative jurisdiction on any violation of the
provisions of this Act shall be vested in either the Civil Service Commission (CSC), the
Presidential Anti-Graft Commission (PAGC) or the Office of the Ombudsman as determined
by appropriate laws and issuances.

SEC. 15. Immunity; Discharge of Co-Respondent/Accused to be a Witness. - Any public

official or employee or any person having been charged with another under this Act and who
voluntarily gives information pertaining to an investigation or who willingly testifies
therefore, shall be exempt from prosecution in the case/s where his/her information and
testimony are given. The discharge may be granted and directed by the investigating body or
court upon the application or petition of any of the respondent/accused-informant and
before the termination of the investigation: Provided, That:
REPUBLIC ACT N0. 9745
AN ACT PENALIZING TORTURE AND OTHER CRUEL, INHUMAN AND DEGRADING
TREATMENT OR PUNISHMENT AND PRESCRIBING PENALTIES THEREFOR
Be it enacted by the Senate and House of Representatives of the Philippines in Congress
assembled:
Section 1. Short Title. - This Ad shall be known as the "Anti-Torture Act of 2009".
Section 2. Statement of Policy. - It is hereby declared the policy of the State:
(a) To value the dignity of every human person and guarantee full respect for
human rights;
(b) To ensure that the human rights of all persons, including suspects, detainees
and prisoners are respected at all times; and that no person placed under
investigation or held in custody of any person in authority or, agent of a person
authority shall be subjected to physical, psychological or mental harm, force,
violence, threat or intimidation or any act that impairs his/her free wi11 or in any
Section 4. Acts of Torture. - For purposes of this Act, torture shall include, but not be limited
manner demeans or degrades human dignity;
to, the following:
of a person in authority. It does not include pain or Buffering arising only from,
inherent in or incidental to lawful sanctions.
(b) "Other cruel, inhuman and degrading treatment or punishment" refers to a
deliberate and aggravated treatment or punishment not enumerated under Section
4 of this Act, inflicted by a person in authority or agent of a person in authority
against a person under his/her custody, which attains a level of severity causing
suffering, gross humiliation or debasement to the latter.
(c) "Victim" refers to the person subjected to torture or other cruel, inhuman and
degrading treatment or punishment as defined above and any individual who has
suffered harm as a result of any act(s) of torture, or other cruel, inhuman and
degrading treatment or punishment.
(d) "Order of Battle" refers to any document or determination made by the
military, police or any law enforcement agency of the government, listing the
names of persons and organizations that it perceives to be enemies of the State
and that it considers as legitimate targets as combatants that it could deal with,
through the use of means allowed by domestic and international law.

(c) To ensure that secret detention places, solitary, incommunicado or other similar
(a) Physical torture is a form of treatment or punishment inflicted by a person in
forms of detention, where torture may be carried out with impunity, are
authority or agent of a person in authority upon another in his/her custody that
prohibited; and
causes severe pain, exhaustion, disability or dysfunction of one or more parts of the
body, such as:
(d) To fully adhere to the principles and standards on the absolute condemnation
and prohibition of torture as provided for in the 1987 Philippine Constitution;
(1) Systematic beating, headbanging, punching, kicking, striking with
various international instruments to which the Philippines is a State party such as,
truncheon or rifle butt or other similar objects, and jumping on the
but not limited to, the International Covenant on Civil and Political Rights (ICCPR),
stomach;
the Convention on the Rights of the Child (CRC), the Convention on the Elimination
of All Forms of Discrimination Against Women (CEDA W) and the Convention
Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (2) Food deprivation or forcible feeding with spoiled food, animal or
(CAT); and all other relevant international human rights instruments to which the human excreta and other stuff or substances not normally eaten;
Philippines is a signatory.
(3) Electric shock;
Section 3. Definitions. - For purposes of this Act, the following terms shall mean:
(4) Cigarette burning; burning by electrically heated rods, hot oil, acid; by
(a) "Torture" refers to an act by which severe pain or suffering, whether physical or the rubbing of pepper or other chemical substances on mucous
mental, is intentionally inflicted on a person for such purposes as obtaining from membranes, or acids or spices directly on the wound(s);
him/her or a third person information or a confession; punishing him/her for an act
he/she or a third person has committed or is suspected of having committed; or (5) The submersion of the head in water or water polluted with
intimidating or coercing him/her or a third person; or for any reason based on excrement, urine, vomit and/or blood until the brink of suffocation;
discrimination of any kind, when such pain or suffering is inflicted by or at the
instigation of or with the consent or acquiescence of a person in authority or agent (6) Being tied or forced to assume fixed and stressful bodily position;
 (7) Rape and sexual abuse, including the insertion of foreign objects into
the sex organ or rectum, or electrical torture of the genitals;
(8) Mutilation or amputation of the essential parts of the body such as
the genitalia, ear, tongue, etc.;
(9) Dental torture or the forced extraction of the teeth;
(10) Pulling out of fingernails;
(11) Harmful exposure to the elements such as sunlight and extreme cold;
(12) The use of plastic bag and other materials placed over the head to
the point of asphyxiation;
(13) The use of psychoactive drugs to change the perception, memory.
alertness or will of a person, such as:
(i) The administration or drugs to induce confession and/or reduce
mental competency; or
(ii) The use of drugs to induce extreme pain or certain symptoms of a
disease; and
(14) Other analogous acts of physical torture; and
(b) "Mental/Psychological Torture" refers to acts committed by a person in
authority or agent of a person in authority which are calculated to affect or confuse
the mind and/or undermine a person's dignity and morale, such as:
(1) Blindfolding;
(2) Threatening a person(s) or his/fher relative(s) with bodily harm,
execution or other wrongful acts;
(3) Confinement in solitary cells or secret detention places;
(4) Prolonged interrogation;
(5) Preparing a prisoner for a "show trial", public display or public
humiliation of a detainee or prisoner;
(6) Causing unscheduled transfer of a person deprived of liberty from one
place to another, creating the belief that he/she shall be summarily
executed;
(7) Maltreating a member/s of a person's family;
(8) Causing the torture sessions to be witnessed by the person's family,
relatives or any third party;
(9) Denial of sleep/rest;
(10) Shame infliction such as stripping the person naked, parading
him/her in public places, shaving the victim's head or putting marks on
his/her body against his/her will;
(11) Deliberately prohibiting the victim to communicate with any
member of his/her family; and
(12) Other analogous acts of mental/psychological torture.
Section 5. Other Cruel, Inhuman and Degrading Treatment or Punishment. - Other cruel,
inhuman or degrading treatment or punishment refers to a deliberate and aggravated
treatment or punishment not enumerated under Section 4 of this Act, inflicted by a person in
authority or agent of a person in authority against another person in custody, which attains a
level of severity sufficient to cause suffering, gross humiliation or debasement to the latter.
The assessment of the level of severity shall depend on all the circumstances of the case,
including the duration of the treatment or punishment, its physical and mental effects and, in
some cases, the sex, religion, age and state of health of the victim.
Section 6. Freedom from Torture and Other Cruel, Inhuman and Degrading Treatment or
Punishment, An Absolute Bight. - Torture and other cruel, inhuman and degrading treatment
or punishment as criminal acts shall apply to all circumstances. A state of war or a threat of
war, internal political instability, or any other public emergency, or a document or any
determination comprising an "order of battle" shall not and can never be invoked as a
justification for torture and other cruel, inhuman and degrading treatment or punishment.
Section 7. Prohibited Detention. - Secret detention places, solitary confinement,
incommunicado or other similar forms of detention, where torture may be carried out with
impunity. Are hereby prohibited.
In which case, the Philippine National Police (PNP), the Armed Forces of the Philippines (AFP)
and other law enforcement. agencies concerned shall make an updated list of all detention
centers and facilities under their respective jurisdictions with the corresponding data on the
prisoners or detainees incarcerated or detained therein such as, among others, names, date
of arrest and incarceration, and the crime or offense committed. This list shall be made
available to the public at all times, with a copy of the complete list available at the respective
national headquarters of the PNP and AFP. A copy of the complete list shall likewise be
submitted by the PNP, AFP and all other law enforcement agencies to the Commission on
Human Rights (CHR), such list to be periodically updated, by the same agencies, within the
first five (5) days of every month at the minimum. Every regional office of the PNP, AFP and
other law enforcement agencies shall also maintain a similar list far all detainees and
detention facilities within their respective areas, and shall make the same available to the
public at all times at their respective regional headquarters, and submit a copy. updated in
the same manner provided above, to the respective regional offices of the CHR.
Section 8. Applicability of the Exclusionary Rule; Exception. - Any confession, admission or
statement obtained as a result of torture shall be inadmissible in evidence in any
proceedings, except if the same is used as evidence against a person or persons accused of
committing torture.
Section 9. Institutional Protection of Torture Victims and Other Persons Involved. - A victim of
torture shall have the following rights in the institution of a criminal complaint for torture:
(a) To have a prompt and an impartial investigation by the CHR and by agencies of
government concerned such as the Department of Justice (DOJ), the Public
Attorney's Office (PAO), the PNP, the National Bureau of Investigation (NBI) and the
AFP. A prompt investigation shall mean a maximum period of sixty (60) working
days from the time a complaint for torture is filed within which an investigation
report and/or resolution shall be completed and made available. An appeal
whenever available shall be resolved within the same period prescribed herein,
(b) To have sufficient government protection against all forms of harassment;
threat and/or intimidation as a consequence of the filing of said complaint or the
presentation of evidence therefor. In which case, the State through its appropriate
agencies shall afford security in order to ensure his/her safety and all other persons
involved in the investigation and prosecution such as, but not limited to, his/her
lawyer, witnesses and relatives; and
(c) To be accorded sufficient protection in the manner by which he/she testifies
and presents evidence in any fora in order to avoid further trauma.
Section 10. Disposition of Writs of Habeas Corpus, Amparo and Habeas Data Proceedings and
Compliance with a Judicial 07'der. - A writ of habeas corpus or writ of amparo or writ of
habeas data proceeding, if any, filed on behalf of the victim of torture or other cruel,
degrading and inhuman treatment or punishment shall be disposed of expeditiously and any
order of release by virtue thereof, or other appropriate order of a court relative thereto, shall
be executed or complied with immediately.
Section 11. Assistance in Filing a Complaint. - The CHR and the PAO shall render legal
assistance in the investigation and monitoring and/or filing of the complaint for a person who
suffers torture and other cruel, inhuman and degrading treatment or punishment, or for any
interested party thereto.
The victim or interested party may also seek legal assistance from the Barangay Human
Rights Action Center (BRRAC) nearest him/her as well as from human rights nongovernment
organizations (NGOs).
Section 12. Right to' Physical, Medical and Psychological Examination. - Before and after
interrogation, every person arrested, detained or under custodial investigation shall have the
right to he informed of his/her right to demand physical examination by an independent and
competent doctor of his/her own choice. If such person cannot afford the services of his/her
own doctor, he/she shall he provided by the State with a competent and independent doctor
to conduct physical examination. The State shall endeavor to provide the victim with
psychological evaluation if available under the circumstances. If the person arrested is a
female, she shall be attended to preferably by a female doctor. Furthermore, any person
arrested, detained or under custodial investigation, including his/her immediate family, shall
have the right to immediate access to proper and adequate medical treatment. The physical
examination and/or psychological evaluation of the victim shall be contained in a medical
report, duly signed by the attending physician, which shall include in detail his/her medical
history and findings, and which shall he attached to the custodial investigation report. Such
report shall be considered a public document.
Following applicable protocol agreed upon by agencies tasked to conduct physical,
psychological and mental examinations, the medical reports shall, among others, include:
(a) The name, age and address of the patient or victim;
(b) The name and address of the nearest kin of the patient or victim;
(c) The name and address of the person who brought the patient or victim for
physical, psychological and mental examination, and/or medical treatment;
(d) The nature and probable cause of the patient or victim's injury, pain and disease
and/or trauma;
(e) The approximate time and date when the injury, pain, disease and/or trauma
was/were sustained;
(f) The place where the injury, pain, disease and/or trauma was/were sustained;
(g) The time, date and nature of treatment necessary; and
(h) The diagnosis, the prognosis and/or disposition of the patient.
Any person who does not wish to avail of the rights under this pr<;lvision may knowingly and
voluntarily waive such rights in writing, executed in the presence and assistance of his/her
counsel.
Section 13. Who are Criminally Liable. - Any person who actually participated Or induced
another in the commission of torture or other cruel, inhuman and degrading treatment or
punishment or who cooperated in the execution of the act of torture or other cruel, inhuman
and degrading treatment or punishment by previous or simultaneous acts shall be liable as
principal
Any superior military, police or law enforcement officer or senior government official who
issued an order to any lower ranking personnel to commit torture for whatever purpose shall
be held equally liable as principals.
The immediate commanding officer of the unit concerned of the AFP or the immediate senior
public official of the PNP and other law enforcement agencies shall be held liable as a
principal to the crime of torture or other cruel or inhuman and degrading treatment or
punishment for any act or omission, or negligence committed by him/her that shall have led,
assisted, abetted or allowed, whether directly or indirectly, the commission thereof by
his/her subordinates. If he/she has knowledge of or, owing to the circumstances at the time,
should have known that acts of torture or other cruel, inhuman and degrading treatment or
punishment shall be committed, is being committed, or has been committed by his/her
subordinates or by others within his/her area of responsibility and, despite such knowledge,
did not take preventive or corrective action either before, during or immediately after its
commission, when he/she has the authority to prevent or investigate allegations of torture or
other cruel, inhuman and degrading treatment or punishment but failed to prevent or
investigate allegations of such act, whether deliberately or due to negligence shall also be
liable as principals.
Any public officer or employee shall be liable as an accessory if he/she has knowledge that
torture or other cruel, inhuman and degrading treatment or punishment is being committed
and without having participated therein, either as principal or accomplice, takes part
subsequent to its commission in any of the following manner:
(a) By themselves profiting from or assisting the offender to profit from the effects
of the act of torture or other cruel, inhuman and degrading treatment or
punishment;
(b) By concealing the act of torture or other cruel, inhuman and degrading
treatment or punishment and/or destroying the effects or instruments thereof in
order to prevent its discovery; or(c) By harboring, concealing or assisting m the
escape of the principal/s in the act of torture or other cruel, inhuman and
degrading treatment or punishment: Provided, That the accessory acts are done
with the abuse of the official's public functions.
Section 14. Penalties. - (a) The penalty of reclusion perpetua shall be imposed upon the
perpetrators of the following acts:
(1) Torture resulting in the death of any person;
(2) Torture resulting in mutilation;
(3) Torture with rape;
(4) Torture with other forms of sexual abuse and, in consequence of
torture, the victim shall have become insane, imbecile, impotent, blind or
maimed for life; and
(5) Torture committed against children.
(b) The penalty of reclusion temporal shall be imposed on those who commit any
act of mental/psychological torture resulting in insanity, complete or partial
amnesia, fear of becoming insane or suicidal tendencies of the victim due to guilt,
worthlessness or shame.
(c) The penalty of prision correccional shall be imposed on those who commit any
act of torture resulting in psychological, mental and emotional harm other than
those described 1n paragraph (b) of this section. '
(d) The penalty of prision mayor in its medium and maximum periods shall be
imposed if, in consequence of torture, the victim shall have lost the power of
speech or the power to hear or to smell; or shall have lost an eye, a hand, a foot, an
arm or a leg; or shall have lost the use of any such member; Or shall have become
permanently incapacitated for labor.
(e) The penalty of prision mayor in its minimum and medium periods shall be
imposed if, in consequence of torture, the victim shall have become deformed or
shall have lost any part of his/her body other than those aforecited, or shall have
lost the use thereof, or shall have been ill or incapacitated for labor for a period of
more than ninety (90) days.
(f) The penalty of prision correccional in its maximum period to prision mayor in its
minimum period shall be imposed if, in consequence of torture, the victim shall
have been ill or incapacitated for labor for mare than thirty (30) days but not more
than ninety (90) days.
(g) The penalty of prision correccional in its minimum and medium period shall be
imposed if, in consequence of torture, the victim shall have been ill or
incapacitated for labor for thirty (30) days or less.
(h) The penalty of arresto mayor shall be imposed for acts constituting cruel,
inhuman or degrading treatment or punishment as defined in Section 5 of this Act.
(i) The penalty of prision correccional shall be imposed upon those who establish,
operate and maintain secret detention places and/or effect or cause to effect
solitary confinement, incommunicado or other similar forms of prohibited
 detention as provided in Section 7 of this Act where torture may be carried out
with impunity.
(j) The penalty of arresto mayor shall be imposed upon the responsible officers or
personnel of the AFP, the PNP and other law enforcement agencies for failure to
perform his/her duty to maintain, submit or make available to the public an
updated list of detention centers and facilities with the corresponding data on the
prisoners or detainees incarcerated or detained therein, pursuant to Section 7 of
this Act.
Section 15. Torture as a Separate and Independent Crime. - Torture as a crime shall not
absorb or shall not be absorbed by any other crime or felony committed as a consequence,
or as a means in the conduct or commission thereof. In which case, torture shall be treated
as a separate and independent criminal act whose penalties shall be imposable without
prejudice to any other criminal liability provided for by domestic and international laws.
Section 16. Exclusion from the Coverage of Special Amnesty Law. - In order not to depreciate
the crime of torture, persons who have committed any act of torture shall not benefit from
any special amnesty law or similar measures that will have the effect of exempting them
from any criminal proceedings and sanctions.
Section 17. Applicability of Refouler. - No person shall be expelled, returned or extradited to
another State where there are substantial grounds to believe that such person shall be in
danger of being subjected to torture. For the purposes of determining whether such grounds
exist, the Secretary of the Department of Foreign Affairs (DFA) and the Secretary of the DOJ,
in coordination with the Chairperson of the CHR, shall take into account all relevant
considerations including, where applicable and not limited to, the existence in the requesting
State of a consistent pattern of gross, flagrant or mass violations of human rights.
Section 18. Compensation to Victims of Torture. - Any person who has suffered torture shall
have the right to claim for compensation as provided for under Republic Act No. 7309:
Provided, That in no case shall compensation be any lower than Ten thousand pesos
(P10,000.00). Victims of torture shall also have the right to claim for compensation from such
other financial relief programs that may be made available to him/her under existing law and
rules and regulations.
Section 19. Formulation of a Rehabilitation Program. - Within one (1) year from the
effectivity of this Act, the Department of Social Welfare and Development (DSWD), the DOJ
and the Department of Health (DOH) and such other concerned government agencies, and
human rights organizations shall formulate a comprehensive rehabilitation program for
victims of torture and their families. The DSWD, the DOJ and thc DOH shall also call on
human rights nongovernment organizations duly recognized by the government to actively
participate in the formulation of such program that shall provide for the physical, mental,
social, psychological healing and development of victims of torture and their families. Toward
the attainment of restorative justice, a parallel rehabilitation program for persons who have
committed torture and other cruel, inhuman and degrading punishment shall likewise be
formulated by the same agencies.
Section 20. Monitoring of Compliance with this Act. - An Oversight Committee is hereby
created to periodically oversee the implementation of this Act. The Committee shall be
headed by a Commissioner of the CRR, with the following as members: the Chairperson of
the Senate Committee on Justice and Human Rights, the respective Chairpersons of the
House of Representatives' Committees on Justice and Human Rights, and the Minority
Leaders of both houses or their respective representatives in the minority.
Section 21. Education and Information Campaign. - The CHR, the DOJ, the Department of
National Defense (DND), the Department of the Interior and Local Government (DILG) and
such other concerned parties in both the public and private sectors shall ensure that
education and information regarding prohibition against torture and other cruel, inhuman
and degrading treatment or punishment shall be fully included in the training of law
enforcement personnel, civil or military, medical personnel, public officials and other persons
who may be involved in the custody, interrogation or treatment of any individual subjected
to any form of arrest, detention or imprisonment. The Department of Education (DepED) and
the Commission on Higher Education (CHED) shall also ensure the integration of human
rights education courses in all primary, secondary and tertiary level academic institutions
nationwide.
Section 22. Applicability of the Revised Penal Code. - The provisions of the Revised Penal
Code insofar as they are applicable shall be suppletory to this Act. Moreover, if the
commission of any crime punishable under Title Eight (Crimes Against Persons) and Title Nine
(Crimes Against Personal Liberty and Security) of the Revised Penal Code is attended by any
of the acts constituting torture and other cruel, inhuman and degrading treatment or
punishment as defined herein, the penalty to be imposed shall be in its maximum period.
Section 23. Appropriations. - The amount of Five million pesos (Php5,000,000.00) is hereby
appropriated to the CHR for the initial implementation of tills Act. Thereafter, such sums as
may be necessary for the continued implementation of this Act shall be included in the
annual General Appropriations Act.
Section 24. Implementing Rules and Regulations. - The DOJ and the CHR, with the active
participation of human rights nongovernmental organizations, shall promulgate the rules and
regulations for the effective implementation of tills Act. They shall also ensure the full
dissemination of such rules and regulations to all officers and members of various law
enforcement agencies.
Section 25. Separability Clause. - If any provision of this Act is declared invalid or
unconstitutional, the other provisions not affected thereby shall continue to be in full force
and effect.
Section 26. Repealing Clause. - All laws, decrees, executive orders or rules and regulations
contrary to or inconsistent with the provisions of this Act are hereby repealed or modified
accordingly.
Section 27. Effectivity. - This Act shall take effect fifteen (15) days after its publication in the
Official Gazette or in at least two (2) newspapers of general circulation.