Republic of the Philippines

CONGRESS OF THE PHILIPPINES

Metro Manila

Fifteenth Congress
Third Regular Session

Begun and held in Metro Manila, on Monday, the twenty-third

day of July, two thousand twelve.
REPUBLIC ACT No. 10586

AN ACT PENALIZING PERSONS DRIVING UNDER THE

INFLUENCE OF ALCOHOL, DANGEROUS DRUGS, AND
SIMILAR SUBSTANCES, AND FOR OTHER PURPOSES

Be it enacted by the Senate and House of Representatives of the

Philippines in Congress assembled:
Section 1. Short Title. – This Act shall be known as the "Anti-
Drunk and Drugged Driving Act of 2013″.

Section 2. Declaration of Policy. – Pursuant to the Constitutional

principle that recognizes the protection of life and property and
the promotion of the general welfare as essential for the
enjoyment of the blessing of democracy, it is hereby declared the
policy of the State to ensure road safety through the observance
of the citizenry of responsible and ethical driving standards.

Towards this end, the State shall penalize the acts of driving
under the influence of alcohol, dangerous drugs and other
intoxicating substances and shall inculcate the standards of safe
driving and the benefits that may be derived from it through
institutional programs and appropriate public information
strategies.

Section 3. Definition of Terms. – For purposes of this Act:

(a) Alcohol refers to alcoholic beverages classified into beer,
wine and distilled spirits, the consumption of which
produces intoxication.

(b) Breath analyzer refers to the equipment which can

determine the blood alcohol concentration level of a person
through testing of his breath.

(c) Chemical tests refer to breath, saliva, urine or blood tests

to determine the blood alcohol concentration level and/or
positive indication of dangerous drugs and similar substances
in a person’s body.

(d) Dangerous drugs and other similar substances refer to

drugs listed in the schedules annexed to the 1961 Single
Convention on Narcotics Drugs, as amended by the 1972
Protocol, and in the schedules annexed to the 1971 Single
Convention of Psychotropic Substances as enumerated in its
attachment which is an integral part of Republic Act No.
9165, otherwise known as the "Comprehensive Dangerous
Drugs Act of 2002″ and those that the Board may reclassify,
add to or remove from the list of dangerous drugs.

(e) Driving under the influence of alcohol refers to the act of

operating a motor vehicle while the driver’s blood alcohol
concentration level has, after being subjected to a breath
analyzer test, reached the level of intoxication, as established
jointly by the Department of Health (DOH), the National
Police Commission (NAPOLCOM) and the Department of
Transportation and Communications (DOTC).

(f) Driving under the influence of dangerous drugs and other

similar substances refers to the act of operating a motor
vehicle while the driver, after being subjected to a
 confirmatory test as mandated under Republic Act No. 9165,
is found to be positive for use of any dangerous drug.

(g) Field sobriety tests refer to standardized tests to initially

assess and determine intoxication, such as the horizontal gaze
nystagmus, the walk-and-turn, the one-leg stand, and other
similar tests as determined jointly by the DOH, the
NAPOLCOM and the DOTC.

(h) Motor vehicle refers to any land transportation vehicle

propelled by any power other than muscular power.

(i) Motor vehicles designed to carry hazardous materials refer

to those designed to carry or transport materials which may
endanger health and lives of the public.

(j) Public utility vehicles refer to motor vehicles for hire and
used to carry or transport passengers or goods.

Section 4. Driver’s Education. – Every applicant for a motor

vehicle driver’s license shall complete a course of instruction that
provides information on safe driving including, but not limited
to, the effects of the consumption of alcoholic beverages on the
ability of a person to operate a motor vehicle, the hazards of
driving under the influence of alcohol, dangerous drugs and/or
other similar substances, and the penalties attached for violation
thereof.

For professional drivers, every applicant for a driver’s license or

those applying for renewal thereof shall undergo the driver’s
education herein stated.

The driver’s license written examination shall include questions

concerning the effects of alcohol and drug intoxication on the
ability of a person to operate a motor vehicle and the legal and
pecuniary consequences resulting from violation of the
provisions of this Act.

Section 5. Punishable Act. – It shall be unlawful for any person to

drive a motor vehicle while under the influence of alcohol,
dangerous drugs and/or other similar substances.

Section 6. Conduct of Field Sobriety, Chemical and Confirmatory

Tests. – A law enforcement officer who has probable cause to
believe that a person is driving under the influence of alcohol,
dangerous drugs and/or other similar substances by apparent
indications and manifestations, including overspeeding, weaving,
lane straddling, sudden stops, swerving, poor coordination or the
evident smell of alcohol in a person’s breath or signs of use of
dangerous drugs and other similar substances, shall conduct field
sobriety tests.

If the driver fails in the sobriety tests, it shall be the duty of the
law enforcement officer to implement the mandatory
determination of the driver’s blood alcohol concentration level
through the use of a breath analyzer or similar measuring
instrument.

If the law enforcement officer has probable cause to believe that

a person is driving under the influence of dangerous drugs and/or
other similar substances, it shall be the duty of the law
enforcement officer to bring the driver to the nearest police
station to be subjected to a drug screening test and, if necessary,
a drug confirmatory test as mandated under Republic Act No.
9165.

Law enforcement officers and deputized local traffic enforcement

officers shall be responsible in implementing this section.
Section 7. Mandatory Alcohol and Chemical Testing of Drivers
Involved in Motor Vehicular Accidents. – A driver of a motor
vehicle involved in a vehicular accident resulting in the loss of
human life or physical injuries shall be subjected to chemical
tests, including a drug screening test and, if necessary, a drug
confirmatory test as mandated under Republic Act No. 9165, to
determine the presence and/or concentration of alcohol,
dangerous drugs and/or similar substances in the bloodstream or
body.

Section 8. Refusal to Subject Oneself to Mandatory Tests. – A

driver of a motor vehicle who refuses to undergo the mandatory
field sobriety and drug tests under Sections 6, 7 and 15 of this Act
shall be penalized by the confiscation and automatic revocation
of his or her driver’s license, in addition to other penalties
provided herein and/or other pertinent laws.

Section 9. Acquisition of Equipment. – Within four (4) months

from the effectivity of this Act, the Land Transportation Office
(LTO) and the Philippine National Police (PNP) shall acquire
sufficient breath analyzers and drug-testing kits to be utilized by
law enforcement officers and deputized local traffic enforcement
officers nationwide giving priority to areas with high reported
occurrences of accidents. For purposes of acquiring these
equipment and for the training seminars indicated in Section 10
hereof, the LTO shall utilize the Special Road Safety Fund allotted
for this purpose as provided under Section 7 of Republic Act No.
8794, entitled: "An Act Imposing a Motor Vehicle User’s Charge
on Owners of All Types of Motor Vehicles and for Other
Purposes". Additional yearly appropriations for the purchase of
breath analyzers and drug-testing kits shall be provided annually
under the General Appropriations Act.
Section 10. Deputation. – The LTO may deputize traffic
enforcement officers of the PNP, the Metropolitan Manila
Development Authority (MMDA) and cities and municipalities
in order to enforce the provisions of this Act.

Section 11. Law Enforcement Officer Education. – The LTO and

the PNP shall conduct training seminars for their law enforcers
and deputies with regard to the proper conduct of field sobriety
tests and breath analyzer tests every year. Within four (4) months
from the effectivity of this Act, the LTO shall publish the
guidelines and procedures for the proper conduct of field sobriety
tests, which guidelines shall be made available to the public and
made available for download through the official LTO website.

Section 12. Penalties. – A driver found to have been driving a

motor vehicle while under the influence of alcohol, dangerous
drugs and/or other similar substances, as provided for under
Section 5 of this Act, shall be penalized as follows:

(a) If the violation of Section 5 did not result in physical

injuries or homicide, the penalty of three (3) months
imprisonment, and a fine ranging from Twenty thousand
pesos (Php20,000.00) to Eighty thousand pesos
(Php80,000.00) shall be imposed;

(b) If the violation of Section 5 resulted in physical injuries,

the penalty provided in Article 263 of the Revised Penal
Code or the penalty provided in the next preceding
subparagraph, whichever is higher, and a fine ranging from
One hundred thousand pesos (Php100,000.00) to Two
hundred thousand pesos (Php200,000.00) shall be imposed;

(c) If the violation of Section 5 resulted in homicide, the

penalty provided in Article 249 of the Revised Penal Code
and a fine ranging from Three hundred thousand pesos
 (Php300,000.00) to Five hundred thousand pesos
(Php500,000.00) shall be imposed; and

(d) The nonprofessional driver’s license of any person found

to have violated Section 5 of this Act shall also be confiscated
and suspended for a period of twelve (12) months for the first
conviction and perpetually revoked for the second
conviction. The professional driver’s license of any person
found to have violated Section 5 of this Act shall also be
confiscated and perpetually revoked for the first conviction.
The perpetual revocation of a driver’s license shall disqualify
the person from being granted any kind of driver’s license
thereafter.

The prosecution for any violation of this Act shall be without

prejudice to criminal prosecution for violation of the Revised
Penal Code, Republic Act No. 9165 and other special laws and
existing local ordinances, whenever applicable.

Section 13. Direct Liability of Operator and/or Owner of the

Offending Vehicle. – The owner and/or operator of the vehicle
driven by the offender shall be directly and principally held liable
together with the offender for the fine and the award against the
offender for civil damages unless he or she is able to convincingly
prove that he or she has exercised extraordinary diligence in the
selection and supervision of his or her drivers in general and the
offending driver in particular.

This section shall principally apply to the owners and/or

operators of public utility vehicles and commercial vehicles such
as delivery vans, cargo trucks, container trucks, school and
company buses, hotel transports, cars or vans for rent, taxi cabs,
and the like.
Section 14. Nationwide Information Campaign. – Within one (1)
month from the promulgation of the implementing rules and
regulations as provided under Section 17 hereof, the Philippine
Information Agency (PIA), in coordination with the LTO, the
local government units (LGUs) and other concerned agencies,
shall conduct information, education and communication (IEC)
campaign for the attainment of the objectives of this Act.

Section 15. Nationwide Random Terminal Inspection and Quick

Random Drug Tests. – The LTO shall conduct random terminal
inspections and quick random drug tests of public utility drivers.
The cost of such tests shall be defrayed by the LTO.

Section 16. Review of Penalties. – The LTO shall, after five (5)
years from the effectivity of this Act and every five (5) years
thereafter, review the applicability and enforcement of all
foregoing pecuniary penalties and shall initiate amendment
and/or upgrade the same as may be necessary, subject to the
approval of the Secretary of the DOTC.1âwphi1

Section 17. Implementing Rules and Regulations. – The DOTC,

the DOH and the NAPOLCOM shall, within three (3) months
from the effectivity of this Act, jointly promulgate the necessary
implementing rules and regulations to carry out the provisions of
this Act.

Section 18. Separability Clause. – If, for any reason, any part or
provision of this Act is declared invalid, such declaration shall not
affect the other provisions of this Act.

Section 19. Repealing Clause. – Subparagraph (f), Section 56,

Article 1 of Republic Act No. 4136, otherwise known as the "Land
Transportation and Traffic Code", as amended; subparagraph (f),
Section 5 of Republic Act No. 7924, otherwise known as "An Act
Creating the Metropolitan Manila Development Authority,
Defining its Powers and Functions, Providing Funds Therefor
and for Other Purposes;" subparagraph (a), Section 36 of Republic
Act No. 9165; and all other laws, orders, issuances, circulars, rules
and regulations or parts thereof which are inconsistent with any
provision of this Act are hereby repealed or modified accordingly.

Section 20. Effectivity. – This Act shall take effect after fifteen
(15) days from its publication in the Official Gazette or in two (2)
national newspapers of general circulation.

Approved,

(Sgd.) JUAN PONCE (Sgd.) FELICIANO

ENRILE BELMONTE JR.
President of the Senate Speaker of the House of
Representatives

This Act which is a consolidation of Senate Bill No. 3365 and

House Bill No. 4251 was finally passed by the Senate and the
House of Representatives on January 28, 2013 and January 29,
2013, respectively.

(Sgd.) EDWIN B. BELLEN (Sgd.) MARILYN B.

Acting Senate Secretary BARUA-YAP
Secretary General
House of Representatives

Approved: MAY 27 2013

(Sgd.) BENIGNO S. AQUINO III

President of the Philippines
Do NOT drink and drive

The dangerous effects of drunk drunk and drugged driving,

labelled as Driving under the influence of alcohol (DUIA)
and Driving under the influence of dangerous drugs and other
similar substances (DUID) under the new law, also known as
Driving Under the Influence (DUI) in other jurisdictions, is an
open book. As noted in the explanatory note of one of the
consolidated Senate Bills, “alcohol is society’s legal, oldest, and
most popular drug. In 2002, it was estimated that a total of 14,700
individuals in the United States died in alcohol-related traffic
crashes. This figure comprises 41% of the 42,815 reported traffic
fatalities. Here in the Philippines, although such figures are not
similarly available, it is well know that driving under the
influence of drugs of alcohol present a serious and growing threat
to the safety of the populace.”

The policy behind Republic Act No. 10586 is to penalize the acts
of driving under the influence of alcohol, dangerous drugs and
other intoxicating substances, and to inculcate the standards of
safe driving and the benefits that may be derived from it through
institutional programs and appropriate public information
strategies.

To save lives, and to avoid imprisonment, do NOT drink and

drive.

What is the coverage of the law and its penalties?

The law covers all acts of driving and/or operating a motor

vehicle while under the influence of alcohol, and/or dangerous
drugs and similar substances. Motor vehicle refers to any land
transportation vehicle propelled by any power other than
muscular power, including: (1) Trucks and buses, which are
motor vehicles with gross vehicle weight from 4501 kg and
above; and (2) Motorcycles, which are two- or three-wheeled
motor vehicles and which may include a side-car attached
thereto.

Are there criminal penalties under R.A. 10586?

Yes, offenders can be imprisoned. The law, in fact, penalizes both

the DRIVER and the OWNER of the vehicle involved.

Liability of drivers

A driver found to have been driving a motor vehicle and

committing the act of DUIA or DUID shall be penalized as
follows:

a. If the violation did not result in physical injuries or homicide,

the penalty of three (3) months imprisonment, and a fine ranging
from Php 20,000 Php 80,000.00 shall be imposed;

b. If the violation resulted in physical injuries, the penalty

provided in Article 263 of the Revised Penal Code or the penalty
provided in the next preceding subparagraph, whichever is
higher, and a fine ranging from Php 100,000 to Php 200,000 shall
be imposed;

c. If the violation resulted in homicide, the penalty provided in

Article 249 of the Revised Penal Code and a fine ranging from
Php 300,000 to Php 500,000 shall be imposed; and

d. The non-professional driver’s license of any person found to

have violated the law shall also be confiscated and suspended for
a period of twelve (12) months for the first conviction and
perpetually revoked for the second conviction. The professional
driver’s license shall also be confiscated and perpetually revoked
for the first conviction. The perpetual revocation of a driver’s
license shall disqualify the person from being granted any kind of
driver’s license thereafter.

e. The prosecution for any violation of this law shall be without

prejudice to criminal prosecution for violation of the Revised
Penal Code, Republic Act No. 9165 and other special laws and
existing local ordinances, whenever applicable.

Direct liability of operator and/or owner

The owner and/or operator of the motor vehicle driven by the

offender (including owners and/or operators of public utility
vehicles and commercial vehicles such as delivery vans, cargo
trucks, container trucks, school and company buses, hotel
transports, cars or vans for rent, taxi cabs, and the like) shall be
directly and principally held liable together with the offender for
the fine and the award against the offender for civil damages
unless he/she is able to convincingly prove that he/she has
exercised extraordinary diligence in the selection and supervision
of his/her drivers in general and the offending driver in
particular.

What is DUIA?

“Driving under the influence of alcohol” or DUIA refers to the act

of operating a motor vehicle while the driver’s BAC level has,
after being subjected to an ABA test, reached the level of
intoxication, as established jointly by the DOH, the NAPOLCOM
and the DOTC, in these Rules. For this purpose, a driver of a
private motor vehicle with a gross vehicle weight not exceeding
4500 kg. a BAC of 0.05% or higher shall be conclusive proof that
said driver is driving under the influence of alcohol. For drivers
of trucks, buses, motorcycles and public utility vehicles, a BAC of
more than 0.0% shall be conclusive proof that said driver is
driving under the influence of alcohol.
What is DUID?

“Driving under the influence of dangerous drugs and other

similar substances” or DUID refers to the act of operating a motor
vehicle while the driver, after being subjected to a confirmatory
test as mandated under the law, is found to be positive for use of
any dangerous drug.

Who is LEO?

“LEO” refers to “Law Enforcement Officers” of the Land

Transportation Office (LTO) or authorized officer trained and
deputized by the LTO to enforce the provisions of this law.

What is the procedure for apprehension under this law?

The basic requirement for apprehension is the existence

of probable cause. In ALL cases, the burden of proof to establish
the existence of probable cause is on the LEO.

Probable cause shall mean that the LEO has reasonable ground to
believe that the person driving the motor vehicle is under the
influence of alcohol, dangerous drugs and/or other similar
substances upon personally witnessing a traffic offense
committed by means of lane straddling, making sudden stops,
overspeeding, swerving or weaving in such an apparent way as to
indicate that the driver is under the influence of alcohol,
dangerous drugs and/or other similar substances.

In the course of apprehension for another traffic offense, the

evident smell of alcohol in a driver’s breath, generally slurred
speech in response to questioning, bloodshot or reddish eyes,
flushed face, poor coordination, difficulty in understanding and
responding intelligently to questions shall also constitute
probable cause.
What is the procedure in screening for DUIA?

Screening for driving under the influence of alcohol or DUIA is

done under the following procedure:

1. Upon personal determination of probable cause, a deputized

LEO shall flag down the motor vehicle, direct the driver to step
out of the vehicle anddetermine whether or not the driver is
drunk or drugged. If the LEO has reasonable grounds to believe
that the driver is drunk, the LEO shall expressly inform the driver
of his assessment and the driver shall be directed to perform all
of the three (3) above enumerated field sobriety test on site.

2. The LEO shall record the driver’s responses to the field sobriety
tests above enumerated, which record shall form part of the
records of the case.

3. If the driver passes all of the three (3) field sobriety tests, the
driver shall be apprehended for the other traffic offense only and
not for violation of this law.

4. If the driver fails any of the field sobriety tests, the LEO shall
proceed to determine the driver’s BAC level, through the use of
the ABA, on site.

5. A driver of a motor vehicle who refuses to undergo the

mandatory testing as required shall be penalized by the
confiscation and automatic revocation of his/her driver’s license,
in addition to other penalties provided herein and/or other
pertinent law, after compliance with the requirement of due
process.

6. A driver who, after ABA testing, registers a BAC higher than

the prescribed limit shall be put under arrest and the motor
vehicle impounded. The LEO shall observe the proper procedure
in effecting the arrest and bringing the driver to the nearest police
station for detention. The motor vehicle shall also be brought to
the nearest LTO impounding area until the same is claimed by an
authorized representative of its registered owner.

7. In case of a BAC within the allowed limit, the driver shall be

apprehended for the other traffic offense only and not for
violation of this law.

8. Under no circumstance shall a driver, who has undergone and

passed the field sobriety test and/or ABA test, be subjected to drug
screening test afterwards.

9. The LEO shall accomplish the following preparatory to the

turnover of the case to the police officer-on-duty of the nearest
police station:

i. A complaint/charge sheet;

ii. Results of the field sobriety tests/ABA test in the prescribed

format;

iii. Inventory of items under temporary custody (to include motor

vehicle when necessary); and

iv. Other pertinent documents.

What are the Field Sobriety Tests?

There are three Field Sobriety Tests, which are standardized tests
to initially assess and determine intoxication, namely: the eye test
(horizontal gaze nystagmus), the walk-and-turn and the one-leg
stand.

1. The Eye Test (“horizontal gaze nystagmus”) refers

to?horizontal or lateral jerking of the driver’s eyes as he or she
gazessideways following a moving object such as a pen or the tip
of a penlight held by the LEO from a distance of about one (1)
foot away from the face of the driver.

2. The Walk-and-Turn Test requires the driver to walk heel-to-

toe along a straight line for nine (9) steps, turn at the end and
return to the point of origin without any difficulty.

3. The One-Leg Stand Test requires the driver to stand on either

right or left leg with both arms on the side. The driver is
instructed to keep the foot raised about six (6) inches off the
ground for thirty (30) seconds.

The LTO is required to publish the guidelines and procedures for

the proper conduct of field sobriety tests, which guidelines shall
be made available to the public and made available for download
through the official LTO website. These are the same guidelines
to be used in training the LEOs.

What is the procedure in screening for DUID?

If probably cause exists, the LEO shall follow the following

procedure to screen for driving under the influence of dangerous
drugs and other similar substances (DUID):

1. Upon personal determination of probable cause, a deputized

LEO shall flag down the motor vehicle, direct the driver to step
out of the vehicle anddetermine whether or not the driver is
drunk or drugged. If the LEO has reasonable grounds to believe
that the driver is drugged, the LEO shall expressly inform the
driver of his assessment and shall bring the driver to the nearest
police station.

2. At the police station, the driver shall be subjected to a drug

screening test, in accordance with existing operational rules and
procedures, and if positive, a drug confirmatory test under
Republic Act No. 9165.
3. Under no circumstance shall a driver, who has undergone and
passed the drug, be subjected to field sobriety test and/or ABA
test afterwards.

4. After a positive confirmation, the LEO shall accomplish the

following preparatory to the turnover of the case to the police
officer-on-duty of the nearest police station:

i. Results of the conduct of the DRP in the prescribed format;

ii. Inventory of items under temporary custody (to include motor

vehicle when necessary); and

iii. Other pertinent documents.

5. Without positive confirmation, the driver shall be

apprehended for the other traffic offense only and not for
violation of this law.

What happens to the Driver’s License of those apprehended under

the law?

All driver’s licenses confiscated under these rules shall be turned

over to LTO for safekeeping and shall be released by LTO only
after final disposition or lawful order of the courts.

When is alcohol and drug testing mandatory?

A driver of a motor vehicle involved in a vehicular accident

resulting in the loss of human life or physical injuries shall be
subjected to on site field sobriety test and ABA testing, whenever
practicable, and, thereafter chemical tests, including a drug
screening test and, if necessary, a drug confirmatory test as
mandated under Republic Act No. 9165, to determine the
presence and/or concentration of alcohol, dangerous drugs and/or
similar substances in the bloodstream orbody. A LEO may use
other alcohol testing equipment, such as Gas Chromatography-
Mass Spectroscopy (GCMS), whenever the use of an ABA is not
practicable under prevailing circumstances.

A driver of a motor vehicle who refuses to undergo the

mandatory testing as required shall be penalized by the
confiscation and automatic revocation of his or her driver’s
license, in addition to other penalties provided herein and/or
other pertinent laws.

Can the LTO conduct RANDOM drug testing?

Yes, but only for drivers of PUVs. The LTO shall conduct random
terminal inspections and quick random drug tests of public utility
drivers. A driver of a motor vehicle who refuses to undergo quick
random drug tests as required shall be penalized by the
confiscation and automatic revocation of his or her driver’s
license, in addition to other penalties provided herein and/or
other pertinent laws.

Can any traffic enforcer be a LEO?

No. LEOs must possess the required qualifications and undergo

the requisite deputation procedures. The LTO may deputize only
active members of the PNP, the Metropolitan Manila
Development Authority (MMDA) and LGUs, who are occupying
permanent position items and whose present work assignments
are directly and actually related to traffic management and
control. LTO enforcement officers, by virtue of their functions,
need not be deputized to enforce and implement these rules.
However, said LTO enforcers shall be subject to the same
reportorial and procedural guidelines set forth herein. LEOs with
previous deputations revoked for any reason whatsoever shall not
be qualified for further deputation.
A deputation order shall be valid for six (6) months from date of
issue and may be renewed every six (6) months thereafter unless
earlier recalled by the LTO Assistant Secretary. The LTO shall
maintain and update the list of deputized LEOs and other records
such as information sheet of deputies, deputation orders, ID’s,
TOP booklets and other relevant documents.

What is the procedure to be observed by LEOs for deputation?

All LEOs must: (a) submit, prior to deputation, certain

requirements to the LTO; (b) undergo Deputies Training Seminar
that includes required subject areas; and (c) pass the written and
other examinations to be administered by the LTO. The
requirements to be submitted by LEOs to the LTO include the
information sheet duly indorsed by the Head of Office/agency,
a certified true copy of the Certificate of Appointment, a
certification from the recommending government agency that
the LEO has no record of or pending administrative or criminal
cases, and valid drug test results taken within the past six months
prior to application.

What are the liabilities of deputized LEOs?

Any deputized LEO shall be held liable under the following:

1. Soliciting or accepting, directly or indirectly any gift, gratuity,

favour, entertainment, loan or anything of monetary value from
any person in the course of his or her official duties or in
connection with any operation being regulated by, or any
transaction which may be affected by the functions of his or her
office under this law.

2. Republic Act No. 6713 otherwise known as the “Code of

Conduct and EthicalStandards for Public Officials” and
Employees, Republic Act No. 3019 otherwise known as the
“Anti-Graft and Corrupt Practices Act”, Republic Act No. 9485
otherwise known as “Anti-Red Tape Act” and other applicable
laws.

What are the grounds for revocation of the deputation order?

The revocation of a LEO deputation may be initiated by a verified

complaint, filed directly before LTO which shall conduct the
investigation of the complaint. Pending the resolution of the
complaint, the LTO Assistant Secretary may order the suspension
of the deputation to preclude any incident of harassment of the
complainant. A Show Cause Order shall be issued against the
deputized LEO to answer the charges against him/her. The LTO
Assistant Secretary may suspend or revoke any deputation order
at any time for any reason whatsoever.

Any of the following causes shall constitute sufficient ground for

the revocation of the deputation: (1) Discourteous conduct;
(2) Extortion; (3) Negligence; (4) Insubordination;
(5) Misconduct; (6) Abuse of authority; (7) Incompetence and
inefficiency; (8) Corruption; (9) Failure to submit apprehension
report within 24 hours from date and time of apprehension;
(10) Any offense involving moral turpitude; (11) Separation from
government service; (12) Dishonesty; (13) Death;
(14) Withdrawal of endorsement by Head of Agency who
endorsed the request for deputation; (15) Use of dangerous drugs
and other similar substances before and during the period of
deputation; (16) Intoxication while in the performance of duty;
and (17) Other causes similar to and analogous to the foregoing.
REPUBLIC ACT No. 6235

AN ACT PROHIBITING CERTAIN ACTS INIMICAL TO CIVIL

AVIATION, AND FOR OTHER PURPOSES.

Section 1. It shall be unlawful for any person to compel a change

in the course or destination of an aircraft of Philippine registry,
or to seize or usurp the control thereof, while it is in flight. An
aircraft is in flight from the moment all its external doors are
closed following embarkation until any of such doors is opened
for disembarkation.

It shall likewise be unlawful for any person to compel an aircraft

of foreign registry to land in Philippine territory or to seize or
usurp the control thereof while it is within the said territory.

Section 2. Any person violating any provision of the foregoing

section shall be punished by an imprisonment of not less than
twelve years but not more than twenty years, or by a fine of not
less than twenty thousand pesos but not more than forty
thousand pesos.

The penalty of imprisonment of fifteen years to death, or a fine

of not less than twenty-five thousand pesos but not more than
fifty thousand pesos shall be imposed upon any person
committing such violation under any of the following
circumstances:

1. Whenever he has fired upon the pilot, member of the crew

or passenger of the aircraft;

2. Whenever he has exploded or attempted to explode any

bomb or explosive to destroy the aircraft; or

3. Whenever the crime is accompanied by murder, homicide,

serious physical injuries or rape.
Section 3. It shall be unlawful for any person, natural or juridical,
to ship, load or carry in any passenger aircraft operating as a
public utility within the Philippines, and explosive, flammable,
corrosive or poisonous substance or material.

Section 4. The shipping, loading or carrying of any substance or

material mentioned in the preceding section in any cargo aircraft
operating as a public utility within the Philippines shall be in
accordance with regulations issued by the Civil Aeronautics
Administration.

Section 5. As used in this Act

(1) "Explosive" shall mean any substance, either solid or

liquid, mixture or single compound, which by chemical
reaction liberates heat and gas at high speed and causes
tremendous pressure resulting in explosion. The term shall
include but not limited to dynamites, firecrackers, blasting
caps, black powders, bursters, percussions, cartridges and
other explosive materials, except bullets for firearm.

(2) "Flammable" is any substance or material that is highly

combustible and self-igniting by chemical reaction and shall
include but not limited to acrolein, allene, aluminum dyethyl
monochloride, and other aluminum compounds, ammonium
chlorate and other ammonium mixtures and other similar
substances or materials.

(3) "Corrosive" is any substance or material, either liquid,

solid or gaseous, which through chemical reaction wears
away, impairs or consumes any object. It shall include but
not limited to alkaline battery fluid packed with empty
storage battery, allyl chloroformate, allytrichlorosilane,
ammonium dinitro-orthocresolate and other similar
materials and substances.
 (4) "Poisonous" is any substance or materials, except
medicinal drug, either liquid, solid or gaseous, which
through chemical reactions kills, injuries or impairs a living
organism or person, and shall include but not limited to allyl
isothiocyanate, ammunition (chemical, non-explosive but
containing Class A, B or poison), aniline oil, arsine,
bromobenzyle cyanide, bromoacetone and other similar
substances or materials.

Section 6. Any violation of Section three hereof shall be

punishable by an imprisonment of at least five years but not more
than ten years or by a fine of not less than ten thousand pesos but
not more than twenty thousand pesos: Provided, That if the
violation is committed by a juridical person, the penalty shall be
imposed upon the manager, representative, director, agent or
employee who violated, or caused, directed, cooperated or
participated in the violation thereof: Provided, further, That in
case the violation is committed in the interest of a foreign
corporation legally doing business in the Philippines, the penalty
shall be imposed upon its resident agent, manager, representative
or director responsible for such violation and in addition thereto,
the license of said corporation to do business in the Philippines
shall be revoked.

Any violation of Section four hereof shall be an offense

punishable with the minimum of the penalty provided in the next
preceding paragraph.

Section 7. For any death or injury to persons or damage to

property resulting from a violation of Sections three and four
hereof, the person responsible therefor may be held liable in
accordance with the applicable provisions of the Revised Penal
Code.
Section 8. Aircraft companies which operate as public utilities or
operators of aircraft which are for hire are authorized to open and
investigate suspicious packages and cargoes in the presence of the
owner or shipper, or his authorized representatives if present; in
order to help the authorities in the enforcement of the provisions
of this Act: Provided, That if the owner, shipper or his
representative refuses to have the same opened and inspected, the
airline or air carrier is authorized to refuse the loading thereof.

Section 9. Every ticket issued to a passenger by the airline or air

carrier concerned shall contain among others the following
condition printed thereon: "Holder hereof and his hand-carried
luggage(s) are subject to search for, and seizure of, prohibited
materials or substances. Holder refusing to be searched shall not
be allowed to board the aircraft," which shall constitute a part of
the contract between the passenger and the air carrier.

Section 10. The Civil Aeronautics Administration is hereby

directed to promulgate within one month after the approval of
this Act such regulations as are provided in Section four hereof
and cause the publication of such rules and regulations in the
Official Gazette and in a newspaper of national circulation for at
least once a week for three consecutive weeks. Such regulations
shall take effect fifteen days after publication in the Official
Gazette.

Section 11. This Act shall take effect after the publication
mentioned in the preceding section.

Approved: June 19, 1971

 Republic of the Philippines
Congress of the Philippines
Metro Manila

Tenth Congress

Republic Act No. 8550 February 25, 1998

AN ACT PROVIDING FOR THE DEVELOPMENT,

MANAGEMENT AND CONSERVATION OF THE FISHERIES
AND AQUATIC RESOURCES, INTEGRATING ALL LAWS
PERTINENT THERETO, 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 Philippine
Fisheries Code of 1998."
CHAPTER I

Declaration of Policy and Definitions

Section 2. Declaration of Policy. - It is hereby declared the policy

of the State:

(a) to achieve food security as the overriding consideration in

the utilization, management, development, conservation and
protection of fishery resources in order to provide the food
needs of the population. A flexible policy towards the
attainment of food security shall be adopted in response to
changes in demographic trends for fish, emerging trends in
the trade of fish and other aquatic products in domestic and
international markets, and the law of supply and
demand;lawphi1™
(b) to limit access to the fishery and aquatic resources of the
Philippines for the exclusive use and enjoyment of Filipino
citizens;

(c) to ensure the rational and sustainable development,

management and conservation of the fishery and aquatic
resources in Philippine waters including the Exclusive
Economic Zone (EEZ) and in the adjacent high seas,
consistent with the primordial objective of maintaining a
sound ecological balance, protecting and enhancing the
quality of the environment;

(d) to protect the rights of fisherfolk, especially of the local

communities with priority to municipal fisherfolk, in the
preferential use of the municipal waters. Such preferential
use, shall be based on, but not limited to, Maximum
Sustainable Yield (MSY) or Total Allowable Catch (TAC) on
the basis of resources and ecological conditions, and shall be
consistent with our commitments under international
treaties and agreements;

(e) to provide support to the fishery sector, primarily to the

municipal fisherfolk, including women and youth sectors,
through appropriate technology and research, adequate
financial, production, construction of post-harvest facilities,
marketing assistance, and other services. The protection of
municipal fisherfolk against foreign intrusion shall extend to
offshore fishing grounds. Fishworkers shall receive a just
share for their labor in the utilization of marine and fishery
resources;

(f) to manage fishery and aquatic resources, in a manner

consistent with the concept of an integrated coastal area
management in specific natural fishery management areas,
 appropriately supported by research, technical services and
guidance provided by the State; and

(g) to grant the private sector the privilege to utilize fishery

resources under the basic concept that the grantee, licensee
or permittee thereof shall not only be a privileged beneficiary
of the State but also active participant and partner of the
Government in the sustainable development, management,
conservation and protection of the fishery and aquatic
resources of the country.

The state shall ensure the attainment of the following objectives

of the fishery sector:

1. Conservation, protection and sustained management of the

country's fishery and aquatic resources;

2. Poverty alleviation and the provision of supplementary

livelihood among municipal fisherfolk;

3. Improvement of productivity of aquaculture within

ecological limits;

4. Optimal utilization of offshore and deep-sea resources; and

5. Upgrading of post-harvest technology.

Section 3. Application of its Provisions. - The provisions of this

Code shall be enforced in:

(a) all Philippine waters including other waters over which

the Philippines has sovereignty and jurisdiction, and the
country's 200-nautical mile Exclusive Economic Zone (EEZ)
and continental shelf;
 (b) all aquatic and fishery resources whether inland, coastal
or offshore fishing areas, including but not limited to
fishponds, fishpens/cages; and

(c) all lands devoted to aquaculture, or businesses and

activities relating to fishery, whether private or public
lands.lawphi1©

Section 4. Definition of Terms. - As used in this Code, the

following terms and phrases shall mean as follows:

1. Ancillary Industries - firms or companies related to the

supply, construction and maintenance of fishing vessels,
gears, nets and other fishing paraphernalia; fishery machine
shops; and other facilities such as hatcheries, nurseries, feed
plants, cold storage and refrigeration, processing plants and
other pre-harvest and post-harvest facilities.

2. Appropriate Fishing Technology - adaptable technology,

both in fishing and ancillary industries, that is ecologically
sound, locally source-based and labor intensive.

3. Aquaculture - fishery operations involving all forms of

raising and culturing fish and other fishery species in fresh,
brackish and marine water areas.

4. Aquatic Pollution - the introduction by human or

machine, directly or indirectly, of substances or energy to the
aquatic environment which result or is likely to result in such
deleterious effects as to harm living and non-living aquatic
resources, pose potential and/or real hazard to human health,
hindrance to aquatic activities such as fishing and navigation,
including dumping/disposal of waste and other marine
litters, discharge of petroleum or residual products of
petroleum or carbonaceous materials/substances, and other,
radioactive, noxious or harmful liquid, gaseous or solid
substances, from any water, land or air transport or other
human-made structure. Deforestation, unsound agricultural
practices such as the use of banned chemicals and excessive
use of chemicals, intensive use of artificial fish feed, and
wetland conversion, which cause similar hazards and
deleterious effects shall also constitute aquatic pollution.

5. Aquatic Resources - includes fish, all other aquatic flora

and fauna and other living resources of the aquatic
environment, including, but not limited to, salt and corals.

6. Artificial Reefs - any structure of natural or man-made

materials placed on a body of water to serve as shelter and
habitat, source of food, breeding areas for fishery species and
shoreline protection.

7. Catch Ceilings - refer to the annual catch limits allowed to

be taken, gathered or harvested from any fishing area in
consideration of the need to prevent overfishing and harmful
depletion of breeding stocks of aquatic organisms.

8. Closed Season - the period during which the taking of

specified fishery species by a specified fishing gear is
prohibited in a specified area or areas in Philippine waters.

9. Coastal Area/Zone - is a band of dry land and adjacent

ocean space (water and submerged land. in which terrestrial
processes and uses directly affect oceanic processes and uses,
and vice versa; its geographic extent may include areas
within a landmark limit of one (1. kilometer from the
shoreline at high tide to include mangrove swamps, brackish
water ponds, nipa swamps, estuarine rivers, sandy beaches
and other areas within a seaward limit of 200 meters isobath
to include coral reefs, algal flats, seagrass beds and other soft-
bottom areas.

10. Commercial Fishing - the taking of fishery species by

passive or active gear for trade, business & profit beyond
subsistence or sports fishing, to be further classified as:

(1) Small scale commercial fishing - fishing with passive

or active gear utilizing fishing vessels of 3.1 gross tons
(GT) up to twenty (20) GT;

(2) Medium scale commercial fishing - fishing utilizing

active gears and vessels of 20.1 GT up to one hundred
fifty (150) GT; and

(3) Large commercial fishing - fishing utilizing active

gears and vessels of more than one hundred fifty (150)
GT.

11. Commercial Scale - a scheme of producing a minimum

harvest per hectare per year of milkfish or other species
including those raised in pens, cages, and tanks to be
determined by the Department in consultation with the
concerned sectors;

12. Coral - the hard calcareous substance made up of the

skeleton of marine coelenterate polyps which include reefs,
shelves and atolls or any of the marine coelenterate animals
living in colonies where their skeletons form a stony mass.
They include: (a. skeletons of anthozoan coelenterates
characterized as having a rigid axis of compact calcareous or
horny spicules, belonging to the genus corallium as
represented by the red, pink, and white corals which are
considered precious corals; (b. skeletons of anthozoan
coelenterates characterized by thorny, horny axis such as the
antipatharians represented by the black corals which are
considered semi-precious corals; and (c. ordinary corals
which are any kind of corals that are not precious nor semi-
precious.

13. Coral Reef - a natural aggregation of coral skeleton, with

or without living coral polyps, occurring in intertidal and
subtidal marine waters.

14. Demarcated Areas - boundaries defined by markers and

assigned exclusively to specific individuals or organizations
for certain specified and limited uses such as:

(a) Aquaculture, sea ranching and sea farming;

(b) Fish aggregating devices;

(c) Fixed and passive fishing gears; and

(d) Fry and fingerlings gathering.

15. Department - shall mean the Department of Agriculture.

16. Electrofishing - the use of electricity generated by

batteries, electric generators and other source of electric
power to kill, stupefy, disable or render unconscious fishery
species, whether or not the same are subsequently recovered.

17. Endangered Rare and/or Threatened Species - aquatic

plants, animals, including some varieties of corals and sea
shells in danger of extinction as provided for in existing
fishery laws, rules and regulations or in the Protected Areas
and Wildlife Bureau of the Department of Environment and
Natural Resources (DENR. and in the Convention on the
International Trade of Endangered Species of Flora and
Fauna (CITES).
18. Exclusive Economic Zone (EEZ. - an area beyond and
adjacent to the territorial sea which shall not extend beyond
200 nautical miles from the baselines as defined under
existing laws.

19. FARMCs - the Fisheries and Aquatic Resources

Management Councils.

20. Farm-to-Market Roads - shall include roads linking the

fisheries production sites, coastal landing points and other
post-harvest facilities to major market and arterial roads and
highways.

21. Fine Mesh Net - net with mesh size of less than three
centimeters (3 cm.. measured between two (2. opposite knots
of a full mesh when stretched or as otherwise determined by
the appropriate government agency.

22. Fish and Fishery/Aquatic Products - include not only

finfish but also mollusks, crustaceans, echinoderms, marine
mammals, and all other species of aquatic flora and fauna and
all other products of aquatic living resources in any form.

23. Fish Cage - refers to an enclosure which is either

stationary or floating made up of nets or screens sewn or
fastened together and installed in the water with opening at
the surface or covered and held in a place by
wooden/bamboo posts or various types of anchors and floats.

24. Fish Corral or "Baklad" - a stationary weir or trap devised

to intercept and capture fish consisting of rows of bamboo
stakes, plastic nets and other materials fenced with split
blood mattings or wire mattings with one or more
enclosures, usually with easy entrance but difficult exit, and
with or without leaders to direct the fish to the catching
chambers, purse or bags.

25. Fish fingerlings - a stage in the life cycle of the fish

measuring to about 6-13 cm. depending on the species.

26. Fish fry - a stage at which a fish has just been hatched
usually with sizes from 1-2.5 cm.

27. Fish pen - an artificial enclosure constructed within a

body of water for culturing fish and fishery/aquatic resources
made up of poles closely arranged in an enclosure with
wooden materials, screen or nylon netting to prevent escape
of fish.

28. Fisherfolk - people directly or personally and physically

engaged in taking and/or culturing and processing fishery
and/or aquatic resources.lawphi1™

29. Fisherfolk Cooperative - a duly registered association of

fisherfolk with a common bond of interest, who have
voluntarily joined together to achieve a lawful common
social or economic end, making equitable contribution to the
capital requirement and accepting a fair share of the risks and
benefits of the undertakings in accordance with universally
accepted cooperative principles.

30. Fisherfolk Organization - an organized group,

association, federation, alliance or an institution of fisherfolk
which has at least fifteen (15. members, a set of officers, a
constitution and by-laws, an organizational structure and a
program of action.

31. Fisheries - refers to all activities relating to the act or

business of fishing, culturing, preserving, processing,
marketing, developing, conserving and managing aquatic
resources and the fishery areas, including the privilege to fish
or take aquatic resource thereof.

32. Fish Pond - a land-based facility enclosed with earthen or

stone material to impound water for growing fish.

33. Fishing Boat/Gear License - a permit to operate specific

types of fishing boat/gear for specific duration in areas
beyond municipal waters for demersal or pelagic fishery
resources.

34. Fishery Management Areas - a bay, gulf, lake or any other

fishery area which may be delineated for fishery resource
management purposes.

35. Fishery Operator - one who owns and provides the means
including land, labor, capital, fishing gears and vessels, but
does not personally engage in fishery.

36. Fishery Refuge and Sanctuaries - a designated area where

fishing or other forms of activities which may damage the
ecosystem of the area is prohibited and human access may be
restricted.

37. Fishery Reserve - a designated area where activities are

regulated and set aside for educational and research purposes.

38. Fishery Species - all aquatic flora and fauna including, but
not restricted to, fish, algae, coelenterates, mollusks,
crustaceans, echinoderms and cetaceans.

39. Fishing - the taking of fishery species from their wild

state of habitat, with or without the use of fishing vessels.

40. Fishing gear - any instrument or device and its accessories

utilized in taking fish and other fishery species.
 (a) Active fishing gear - is a fishing device characterized
by gear movements, and/or the pursuit of the target
species by towing, lifting, and pushing the gears,
surrounding, covering, dredging, pumping and scaring
the target species to impoundments; such as, but not
limited to, trawl, purse seines, Danish seines, bag nets,
paaling, drift gill net and tuna longline.

(b) Passive fishing gear - is characterized by the absence

of gear movements and/or the pursuit of the target
species; such as, but not limited to, hook and line,
fishpots, traps and gill nets across the path of the fish.

41. Fishing vessel - any boat, ship or other watercraft

equipped to be used for taking of fishery species or aiding or
assisting one (1. or more vessels in the performance of any
activity relating to fishing, including, but not limited to,
preservation, supply, storage, refrigeration, transportation
and/or processing.

42. Fishing with Explosives - the use of the dynamite, other

explosives or other chemical compounds that contain
combustible elements or ingredients which upon ignition by
friction, concussion, percussion or detonation of all or parts
of the compound, will kill, stupefy, disable or render
unconscious any fishery species. It also refers to the use of
any other substance and/or device which causes an explosion
that is capable of producing the said harmful effects on any
fishery species and aquatic resources and capable of
damaging and altering the natural habitat.

43. Fishing with Noxious or Poisonous Substances - the use

of any substance, plant extracts or juice thereof, sodium
cyanide and/or cyanide compounds or other chemicals either
in a raw or processed form, harmful or harmless to human
beings, which will kill, stupefy, disable or render
unconscious any fishery species and aquatic resources and
capable of damaging and altering the natural habitat.

44. Fishworker - a person regularly or not regularly

employed in commercial fishing and related industries,
whose income is either in wage, profit-sharing or stratified
sharing basis, including those working in fish pens, fish
cages, fish corrals/traps, fishponds, prawn farms, sea farms,
salt beds, fish ports, fishing boat or trawlers, or fish
processing and/or packing plants. Excluded from this
category are administrators, security guards and overseers.

45. Food Security - refers to any plan, policy or strategy

aimed at ensuring adequate supplies of appropriate food at
affordable prices. Food security may be achieved through
self-sufficiency (i.e. ensuring adequate food supplies from
domestic production), through self-reliance (i.e. ensuring
adequate food supplies through a combination of domestic
production and importation), or through pure importation.

46. Foreshore Land - a string of land margining a body of

water; the part of a seashore between the low-water line
usually at the seaward margin of a low tide terrace and the
upper limit of wave wash at high tide usually marked by a
beach scarp or berm.

47. Fully-developed Fishpond Area - a clean leveled area

enclosed by dikes, at least one foot higher than the highest
floodwater level in the locality and strong enough to resist
pressure at the highest flood tide; consists of at least a nursery
pond, a transition pond, a rearing pond or a combination of
any or all said classes of ponds, and a functional water control
system and producing in a commercial scale.

48. Gross Tonnage - includes the underdeck tonnage,

permanently enclosed spaces above the tonnage deck, except
for certain exemptions. In broad terms, all the vessel's
'closed-in' spaces expressed in volume terms on the bases of
one hundred cubic feet (that equals one gross ton).

49. Inland Fishery - the freshwater fishery and brackishwater

fishponds.

50. Lake - an inland body of water, an expanded part of a

river, a reservoir formed by a dam, or a lake basin
intermittently or formerly covered by water.

51. Limited Access - a fishery policy by which a system of

equitable resource and allocation is established by law
through fishery rights granting and licensing procedure as
provided by this Code.

52. Mangroves - a community of intertidal plants including

all species of trees, shrubs, vines and herbs found on coasts,
swamps, or border of swamps.

53. Maximum Sustainable Yield (MSY. - is the largest average

quantity of fish that can be harvested from a fish
stocks/resource within a period of time (e.g. one year. on a
sustainable basis under existing environmental conditions.

54. Migratory species - refers to any fishery species which in

the course of their life could travel from freshwater to marine
water or vice versa, or any marine species which travel over
great distances in waters of the ocean as part of their
behavioral adaptation for survival and speciation:
 (a) Anadromous species - marine fishes which migrate to
freshwater areas to spawn;

(b) Catadromous species - freshwater fishes which

migrate to marine areas to spawn.

55. Monitoring, control and surveillance -

(a) Monitoring - the requirement of continuously

observing: (1) fishing effort which can be expressed by
the number of days or hours of fishing, number of fishing
gears and number of fisherfolk; (2) characteristics of
fishery resources; and (3) resource yields (catch);

(b) Control - the regulatory conditions (legal framework)

under which the exploitation, utilization and disposition
of the resources may be conducted; and

(c) Surveillance - the degree and types of observations

required to maintain compliance with
regulations.lawphi1™ALF

56. Municipal fisherfolk - persons who are directly or

indirectly engaged in municipal fishing and other related
fishing activities.

57. Municipal fishing - refers to fishing within municipal

waters using fishing vessels of three (3. gross tons or less, or
fishing not requiring the use of fishing vessels.

58. Municipal waters - include not only streams, lakes, inland

bodies of water and tidal waters within the municipality
which are not included within the protected areas as defined
under Republic Act No. 7586 (The NIPAS Law), public
forest, timber lands, forest reserves or fishery reserves, but
also marine waters included between two (2. lines drawn
perpendicular to the general coastline from points where the
boundary lines of the municipality touch the sea at low tide
and a third line parallel with the general coastline including
offshore islands and fifteen (15. kilometers from such
coastline. Where two (2. municipalities are so situated on
opposite shores that there is less than thirty (30. kilometers
of marine waters between them, the third line shall be
equally distant from opposite shore of the respective
municipalities.

59. Non-governmental organization (NGO. - an agency,

institution, a foundation or a group of persons whose purpose
is to assist peoples organizations/associations in various ways
including, but not limited to, organizing, education, training,
research and/or resource accessing.

60. Payao - a fish aggregating device consisting of a loating

raft anchored by a weighted line with suspended materials
such as palm fronds to attract pelagic and schooling species
common in deep waters.

61. Pearl Farm Lease - public waters leased for the purpose of
producing cultured pearls.

62. People's Organization - a bona fide association of citizens

with demonstrated capacity to promote the public interest
and with identifiable leadership, membership and structure.
Its members belong to a sector/s who voluntarily band
themselves together to work for and by themselves for their
own upliftment, development and greater good.

63. Person - natural or juridical entities such as individuals,

associations, partnership, cooperatives or corporations.
64. Philippine waters - include all bodies of water within the
Philippine territory such as lakes, rivers, streams, creeks,
brooks, ponds, swamps, lagoons, gulfs, bays and seas and
other bodies of water now existing or which may hereafter
exist in the provinces, cities, municipalities, and barangays
and the waters around, between and connecting the islands
of the archipelago regardless of their breadth and
dimensions, the territorial sea, the sea beds, the insular
shelves, and all other waters over which the Philippines has
sovereignty and jurisdiction including the 200-nautical miles
Exclusive Economic Zone and the continental shelf.

65. Post-harvest facilities - these facilities include, but are not

limited to, fishport, fishlanding, ice plants and cold storages,
fish processing plants.

66. Purse Seine - a form of encircling net having a line at the

bottom passing through rings attached to the net, which can
be drawn or pursed. In general, the net is set from a boat or
pair of boats around the school of fish. The bottom of the net
is pulled closed with the purse line. The net is then pulled
aboard the fishing boat or boats until the fish are
concentrated in the bunt or fish bag.

67. Resource Rent - the difference between the value of the

products produced from harvesting a publicly owned
resource less the cost of producing it, where cost includes the
normal return to capital and normal return to labor.

68. Sea farming - the stocking of natural or hatchery-

produced marine plants or animals, under controlled
conditions, for purposes of rearing and harvesting, but not
limited to commercially-important fishes, mollusks (such as
 pearl and giant clam culture), including seaweeds and
seagrasses.

69. Sea ranching - the release of the young of fishery species

reared in hatcheries and nurseries into natural bodies of
water for subsequent harvest at maturity or the manipulation
of fishery habitat, to encourage the growth of the wild stocks.

70. Secretary - the Secretary of the Department of

Agriculture.

71. Superlight - also called magic light, is a type of light using

halogen or metal halide bulb which may be located above the
sea surface or submerged in the water. It consists of a ballast,
regulator, electric cable and socket. The source of energy
comes from a generator, battery or dynamo coupled with the
main engine.

72. Total Allowable Catch (TAC. - the maximum harvest

allowed to be taken during a given period of time from any
fishery area, or from any fishery species or group of fishery
species, or a combination of area and species and normally
would not exceed the MSY.

73. Trawl - an active fishing gear consisting of a bag shaped

net with or without otter boards to open its opening which
is dragged or towed along the bottom or through the water
column to take fishery species by straining them from the
water, including all variations and modifications of trawls
(bottom, mid-water, and baby trawls) and tow nets.

CHAPTER II

Utilization, Management, Development, Conservation and

Allocation System of Fisheries and Aquatic Resources
Section 5. Use of Philippine Waters. - The use and exploitation of
the fishery and aquatic resources in Philippine waters shall be
reserved exclusively to Filipinos: Provided, however, That
research and survey activities may be allowed under strict
regulations, for purely research, scientific, technological and
educational purposes that would also benefit Filipino citizens.

Section 6. Fees and Other Fishery Charges. - The rentals for

fishpond areas covered by the Fishpond Lease Agreement (FLA)
and license fees for Commercial Fishing Boat Licenses (CFBL)
shall be set at levels that reflect resource rent accruing from the
utilization of resources and shall be determined by the
Department: Provided, That the Department shall also prescribe
fees and other fishery charges and issue the corresponding license
or permit for fishing gear, fishing accessories and other fishery
activities beyond the municipal waters: Provided, further, That
the license fees of fishery activity in municipal waters shall be
determined by the Local Government Units (LGUs) in
consultation with the FARMCs. The FARMCs may also
recommend the appropriate license fees that will be imposed.

Section 7. Access to Fishery Resources. - The Department shall

issue such number of licenses and permits for the conduct of
fishery activities subject to the limits of the MSY of the resource
as determined by scientific studies or best available evidence.
Preference shall be given to resource users in the local
communities adjacent or nearest to the municipal waters.

Section 8. Catch Ceiling Limitations. - The Secretary may

prescribe limitations or quota on the total quantity of fish
captured, for a specified period of time and specified area based
on the best available evidence. Such a catch ceiling may be
imposed per species of fish whenever necessary and practicable:
Provided, however, That in municipal waters and fishery
management areas, and waters under the jurisdiction of special
agencies, catch ceilings may be established upon the concurrence
and approval or recommendation of such special agency and the
concerned LGU in consultation with the FARMC for
conservation or ecological purposes.

Section 9. Establishment of Closed Season. - The Secretary may

declare, through public notice in at least two (2) newspapers of
general circulation or in public service announcements,
whichever is applicable, at least five (5) days before the
declaration, a closed season in any or all Philippine waters outside
the boundary of municipal waters and in bays, for conservation
and ecological purposes. The Secretary may include waters under
the jurisdiction of special agencies, municipal waters and bays,
and/or other areas reserved for the use of the municipal fisherfolk
in the area to be covered by the closed season: Provided, however,
That this shall be done only upon the concurrence and approval
or recommendation of such special agency and the concerned
LGU and FARMC: Provided, further, That in municipal waters,
fishery management areas and other areas reserved for the use of
the municipal fisherfolk, closed season may be established by the
concerned LGU in consultation with the FARMC for
conservation or ecological purposes. The FARMCs may also
recommend the establishment of closed seasons in municipal
waters, fisheries management and other areas reserved for the use
of the municipal fisherfolk.

Section 10. Introduction of Foreign Aquatic Species. - No foreign

finfish, mollusk, crustacean or aquatic plants shall be introduced
in Philippine waters without a sound ecological, biological and
environmental justification based on scientific studies subject to
the bio-safety standard as provided for by existing laws: Provided,
however, That the Department may approve the introduction of
foreign aquatic species for scientific/research purposes.

Section 11. Protection of Rare, Threatened and Endangered

Species. - The Department shall declare closed seasons and take
conservation and rehabilitation measures for rare, threatened and
endangered species, as it may determine, and shall ban the fishing
and/or taking of rare, threatened and/or endangered species,
including their eggs/offspring as identified by existing laws in
concurrence with concerned government agencies.

Section 12. Environmental Impact Statement (EIS). - All

government agencies as well as private corporations, firms and
entities who intend to undertake activities or projects which will
affect the quality of the environment shall be required to prepare
a detailed Environmental Impact Statement (EIS) prior to
undertaking such development activity. The preparation of the
EIS shall form an integral part of the entire planning process
pursuant to the provisions of Presidential Decree No. 1586 as well
as its implementing rules and regulations.

Section 13. Environmental Compliance Certificate (ECC). - All

Environmental Impact Statements (EIS) shall be submitted to the
Department of Environment and Natural Resources (DENR) for
review and evaluation. No person, natural or juridical, shall
undertake any development project without first securing an
Environmental Compliance Certificate (ECC) from the Secretary
of the DENR.

Section 14. Monitoring, Control and Surveillance of Philippine

Waters. - A monitoring, control and surveillance system shall be
established by the Department in coordination with LGUs,
FARMCs, the private sector and other agencies concerned to
ensure that the fisheries and aquatic resources in Philippine
waters are judiciously and wisely utilized and managed on a
sustainable basis and conserved for the benefit and enjoyment
exclusively of Filipino citizens.

Section 15. Auxiliary Invoices. - All fish and fishery products must
have an auxiliary invoice to be issued by the LGUs or their duly
authorized representatives prior to their transport from their
point of origin to their point of destination in the Philippines
and/or export purposes upon payment of a fee to be determined
by the LGUs to defray administrative costs therefor.

ARTICLE I

MUNICIPAL FISHERIES

Section 16. Jurisdiction of Municipal/City Government. - The

municipal/city government shall have jurisdiction over
municipal waters as defined in this Code. The municipal/city
government, in consultation with the FARMC shall be
responsible for the management, conservation, development,
protection, utilization, and disposition of all fish and
fishery/aquatic resources within their respective municipal
waters.

The municipal/city government may, in consultation with the

FARMC, enact appropriate ordinances for this purpose and in
accordance with the National Fisheries Policy. The ordinances
enacted by the municipality and component city shall be
reviewed pursuant to Republic Act No. 7160 by the sanggunian
of the province which has jurisdiction over the same.

The LGUs shall also enforce all fishery laws, rules and regulations
as well as valid fishery ordinances enacted by the municipal/city
council.
The management of contiguous fishery resources such as bays
which straddle several municipalities, cities or provinces, shall be
done in an integrated manner, and shall not be based on political
subdivisions of municipal waters in order to facilitate their
management as single resource systems. The LGUs which share
or border such resources may group themselves and coordinate
with each other to achieve the objectives of integrated fishery
resource management. The Integrated Fisheries and Aquatic
Resources Management Councils (FARMCs) established under
Section 76 of this Code shall serve as the venues for close
collaboration among LGUs in the management of contiguous
resources.

Section 17. Grant of Fishing Privileges in Municipal Waters. - The

duly registered fisherfolk organizations/cooperatives shall have
preference in the grant of fishery rights by the Municipal/City
Council pursuant to Section 149 of the Local Government Code:
Provided, That in areas where there are special agencies or offices
vested with jurisdiction over municipal waters by virtue of
special laws creating these agencies such as, but not limited to,
the Laguna Lake Development Authority and the Palawan
Council for Sustainable Development, said offices and agencies
shall continue to grant permits for proper management and
implementation of the aforementioned structures.

Section 18. Users of Municipal Waters. - All fishery related

activities in municipal waters, as defined in this Code, shall be
utilized by municipal fisherfolk and their
cooperatives/organizations who are listed as such in the registry
of municipal fisherfolk.

The municipal or city government, however, may, through its

local chief executive and acting pursuant to an appropriate
ordinance, authorize or permit small and medium commercial
fishing vessels to operate within the ten point one (10.1) to fifteen
(15) kilometer area from the shoreline in municipal waters as
defined herein, provided, that all the following are met:

(a) no commercial fishing in municipal waters with depth

less than seven (7) fathoms as certified by the appropriate
agency;

(b) fishing activities utilizing methods and gears that are

determined to be consistent with national policies set by the
Department;

(c) prior consultation, through public hearing, with the

M/CFARMC has been conducted; and

(d) the applicant vessel as well as the shipowner, employer,

captain and crew have been certified by the appropriate
agency as not having violated this Code, environmental laws
and related laws.

In no case shall the authorization or permit mentioned above be

granted for fishing in bays as determined by the Department to
be in an environmentally critical condition and during closed
season as provided for in Section 9 of this Code.

Section 19. Registry of Municipal Fisherfolk. - The LGU shall

maintain a registry of municipal fisherfolk, who are fishing or
may desire to fish in municipal waters for the purpose of
determining priorities among them, of limiting entry into the
municipal waters, and of monitoring fishing activities an/or other
related purposes: Provided, That the FARMC shall submit to the
LGU the list of priorities for its consideration.

Such list or registry shall be updated annually or as may be

necessary, and shall be posted in barangay halls or other strategic
locations where it shall be open to public inspection, for the
purpose of validating the correctness and completeness of the list.
The LGU, in consultation with the FARMCs, shall formulate the
necessary mechanisms for inclusion or exclusion procedures that
shall be most beneficial to the resident municipal fisherfolk. The
FARMCs may likewise recommend such mechanisms.

The LGUs shall also maintain a registry of municipal fishing

vessels by type of gear and other boat particulars with the
assistance of the FARMC.

Section 20. Fisherfolk Organizations and/or Cooperatives. -

Fisherfolk organizations/cooperatives whose members are listed
in the registry of municipal fisherfolk, may be granted use of
demarcated fishery areas to engage in fish capture, mariculture
and/or fish farming: Provided, however, That an
organization/cooperative member whose household is already in
possession of a fishery right other than for fish capture cannot
enjoy the fishing rights granted to the organization or
cooperative.

Section 21. Priority of Resident Municipal Fisherfolk. - Resident

municipal fisherfolk of the municipality concerned and their
organizations/cooperatives shall have priority to exploit
municipal and demarcated fishery areas of the said municipality.

Section 22. Demarcated Fishery Right. - The LGU concerned shall

grant demarcated fishery rights to fishery
organizations/cooperatives for mariculture operation in specific
areas identified by the Department.

Section 23. Limited Entry Into Overfished Areas. - Whenever it is

determined by the LGUs and the Department that a municipal
water is overfished based on available data or information or in
danger of being overfished, and that there is a need to regenerate
the fishery resources in that water, the LGU shall prohibit or limit
fishery activities in the said waters.

Section 24. Support to Municipal Fisherfolk. - The Department

and the LGUs shall provide support to municipal fisherfolk
through appropriate technology and research, credit, production
and marketing assistance and other services such as, but not
limited to training for additional/supplementary livelihood.

Section 25. Rights and Privileges of Fishworkers. - The

fishworkers shall be entitled to the privileges accorded to other
workers under the Labor Code, Social Security System and other
benefits under other laws or social legislation for workers:
Provided, That fishworkers on board any fishing vessels engaged
in fishing operations are hereby covered by the Philippine Labor
Code, as amended.

ARTICLE II

COMMERCIAL FISHERIES

Section 26. Commercial Fishing Vessel License and Other

Licenses. - No person shall operate a commercial fishing vessel,
pearl fishing vessel or fishing vessel for scientific, research or
educational purposes, or engage in any fishery activity, or seek
employment as a fishworker or pearl diver without first securing
a license from the Department, the period of which shall be
prescribed by the Department: Provided, That no such license
shall be required of a fishing vessel engaged in scientific, research
or educational purposes within Philippine waters pursuant to an
international agreement of which the Philippines is a signatory
and which agreement defines the status, privileges and
obligations of said vessel and its crew and the non-Filipino
officials of the international agency under which said vessel
operates: Provided, further, That members of the crew of a
fishing vessel used for commercial fishing except the duly
licensed and/or authorized patrons, marine engineers, radio
operators and cooks shall be considered as fisherfolk: Provided,
furthermore, That all skippers/master fishers shall be required to
undertake an orientation training on detection of fish caught by
illegal means before they can be issued their fishworker licenses:
Provided, finally, That the large commercial fishing vessels
license herein authorized to be granted shall allow the licensee to
operate only in Philippine waters seven (7) or more fathoms deep,
the depth to be certified by the NAMRIA, and subject to the
conditions that may be stated therein and the rules and
regulations that may be promulgated by the Department.

Section 27. Persons Eligible for Commercial Fishing Vessel

License. - No commercial fishing vessel license shall be issued
except to citizens of the Philippines, partnerships or to
associations, cooperatives or corporations duly registered in the
Philippines at least sixty percent (60%) of the capital stock of
which is owned by Filipino citizens. No person to whom a license
has been issued shall sell, transfer or assign, directly or indirectly,
his stock or interest therein to any person not qualified to hold a
license. Any such transfer, sale or assignment shall be null and
void and shall not be registered in the books of the association,
cooperative or corporation.

For purposes of commercial fishing, fishing vessels owned by

citizens of the Philippines, partnerships, corporations,
cooperatives or associations qualified under this section shall
secure Certificates of Philippine Registry and such other
documents as are necessary for fishing operations from the
concerned agencies: Provided, That the commercial fishing vessel
license shall be valid for a period to be determined by the
Department.
Section 28. Commercial Fishing Vessel Registration. - The
registration, documentation, inspection and manning of the
operation of all types of fishing vessels plying Philippine waters
shall be in accordance with laws, rules and regulations.

Section 29. Registration and Licensing of Fishing Gears Used in

Commercial Fishing. - Before a commercial fishing vessel holding
a commercial fishing vessel license may begin fishing operations
in Philippine waters, the fishing gear it will utilize in fishing shall
be registered and a license granted therefor. The Department
shall promulgate guidelines to implement this provision within
sixty (60) days from approval of this Code.

Section 30. Renewal of Commercial Boat License. - The

commercial fishing boat license shall be renewed every three (3)
years.

The owner/operator of a fishing vessel has a period of sixty (60)

days prior to the expiration of the license within which to renew
the same.

Section 31. Report of Transfer of Ownership. - The

owner/operator of a registered fishing vessel shall notify the
Department in writing of the transfer of the ownership of the
vessel with a copy of such document within ten (10) days after its
transfer to another person.

Section 32. Fishing by Philippine Commercial Fishing Fleet in

International Waters. - Fishing vessels of Philippine registry may
operate in international waters or waters of other countries
which allow such fishing operations: Provided, That they comply
with the safety, manning and other requirements of the
Philippine Coast Guard, Maritime Industry Authority and other
agencies concerned: Provided, however, That they secure an
international fishing permit and certificate of clearance from the
Department: Provided, further, That the fish caught by such
vessels shall be considered as caught in Philippine waters and
therefore not subject to all import duties and taxes only when the
same is landed in duly designated fish landings and fish ports in
the Philippines: Provided, furthermore, That landing ports
established by canneries, seafood processors and all fish landing
sites established prior to the effectivity of this Code shall be
considered authorized landing sites: Provided, finally, That
fishworkers on board Philippine registered fishing vessels
conducting fishing activities beyond the Philippine Exclusive
Economic Zone are not considered as overseas Filipino workers.

Section 33. Importation of Fishing Vessels or Construction of New

Fishing Boats. - Prior to the importation of fishing vessels and the
construction of new fishing vessels, the approval/clearance of the
Department must first be obtained.

Section 34. Incentives for Municipal and Small-Scale Commercial

Fisherfolk. - Municipal and small-scale commercial fisherfolk
shall be granted incentives which shall include, but are not
limited to, the following:

(a) at least ten percent (10%) of the credit and the guarantee
funds of government financing institutions shall be made
available for post-harvest and marketing projects for the
purpose of enhancing our fisherfolk competitiveness by
reducing post-harvest losses. Qualified projects shall include,
but shall not be limited to, ice plants, cold storage, canning,
warehouse, transport and other related infrastructure
projects and facilities; and

(b) the Department shall undertake the following programs:

1. a capability-building program for targeted parties shall

be developed by the Department to promote greater
 bankability and credit worthiness of municipal and
small-scale commercial fishers. Such program shall
include organizing activities, technology transfer, and
skills training related to commercial fishing as well as
credit management. Groups and cooperatives organized
under the program shall have priority access over credit
and guarantee funds established under this Code; and

2. an information campaign shall be conducted to

promote the capability building and credit programs.
The campaign shall ensure greater information
dissemination and accessibility to targeted fisherfolk.

Section 35. Incentives for Commercial Fishers to Fish Farther into

the Exclusive Economic Zone. - In order to encourage fishing
vessel operators to fish farther in the EEZ and beyond, new
incentives for improvement of fishing vessels and acquisition of
fishing equipment shall be granted in addition to incentives
already available from the Board of Investments (BOI). Such
incentives shall be granted subject to exhaustive evaluation of
resource and exploitation conditions in the specified areas of
fishing operations. The incentive shall include, but not be limited
to:

(a) long term loans supported by guarantee facilities to

finance the building and acquisition and/or improvement of
fishing vessels and equipment;

(b) commercial fishing vessel operators of Philippine registry

shall enjoy a limited period of tax and duty exemptions on
the importation of fishing vessels not more than five (5) years
old, equipment and paraphernalia, the period of exemption
and guidelines shall be fixed by the Department within
ninety (90) days from the effectivity of this Code;
 (c) commercial fishing operator of Philippine registry
engaged in fisheries in the high seas shall be entitled to duty
and tax rebates on fuel consumption for commercial fisheries
operations. Guidelines shall be promulgated within ninety
(90) days from the effectivity of this Code by the
Department; and

(d) all applicable incentives available under the Omnibus

Investment Code of 1987: Provided, That the fishing
operation project is qualified for registration and is duly
registered with the BOI.

Section 36. Complement of Fishing Vessels. - Every commercial

fishing vessel of Philippine registry when actually operated, shall
be manned in accordance with the requirements of the Philippine
Merchant Marine rules and regulations.

Section 37. Medical Supplies and Life-Saving Devices. - All fishing

vessels shall be provided with adequate medical supplies and life-
saving devices to be determined by the Occupational Safety and
Health Center: Provided, That a fishing vessel of twenty (20) GT
or more shall have as a member of its crew a person qualified as a
first aider duly certified by the Philippine National Red Cross.

Section 38. Reportorial Requirements. - Each commercial fishing

vessel shall keep a daily record of fish catch and spoilage, landing
points, and quantity and value of fish caught, and off-loaded for
transshipment, sale and/or other disposal. Detailed information
shall be duly certified by the vessel's captain and transmitted
monthly to the officer or representative of the Department, at the
nearest designated landing point.

Section 39. Report of Meteorological and Other Data. - All vessels

and crafts passing navigational lanes or engaged in fisheries
activity shall be required to contribute to meteorological and
other data, and shall assist the Department in documentation or
reporting of information vital to navigation and the fishing
industry.

Section 40. Color Code and Radio Frequency. - For administrative

efficiency and enforcement of regulations, registered fishing
vessels shall bear a color code as may be determined by the
Department and may be assigned a radio frequency specific and
distinct to its area of operation.

Section 41. Passage. - Commercial and other passage not in the

regular conduct of fisheries activity shall be made at designated
navigational lanes.

Section 42. Transshipment. - Foreign fishing vessels wishing to

avail of land, air and sea facilities available in the Philippines to
transport fishery products which are caught outside Philippine
territorial waters to its final destination shall call only at duly
designated government-owned or -controlled regional fishport
complexes after securing clearance from the Department.

Section 43. Operation of Radio Communication Facilities on Board

Fishing Vessels. - The Department shall promulgate guidelines in
the operation of radio communication facilities on board fishing
vessels and the assignment of radio frequencies specific and
distinct to area of operation in coordination with the National
Telecommunications Commission.

Section 44. Use of Superlight. - The number and wattage of

superlights used in commercial fishing vessels shall be regulated
by the Department: Provided, That the use of superlights is
banned within municipal waters and bays.

ARTICLE III

AQUACULTURE
Section 45. Disposition of Public Lands for Fishery Purposes. -
Public lands such as tidal swamps, mangroves, marshes, foreshore
lands and ponds suitable for fishery operations shall not be
disposed or alienated. Upon effectivity of this Code, FLA may be
issued for public lands that may be declared available for fishpond
development primarily to qualified fisherfolk
cooperatives/associations: Provided, however, That upon the
expiration of existing FLAs the current lessees shall be given
priority and be entitled to an extension of twenty-five (25) years
in the utilization of their respective leased areas. Thereafter, such
FLAs shall be granted to any Filipino citizen with preference,
primarily to qualified fisherfolk cooperatives/associations as well
as small and medium enterprises as defined under Republic Act
No. 8289: Provided, further, That the Department shall declare as
reservation, portions of available public lands certified as suitable
for fishpond purposes for fish sanctuary, conservation, and
ecological purposes: Provided, finally, That two (2) years after the
approval of this Act, no fish pens or fish cages or fish traps shall
be allowed in lakes.

Section 46. Lease of Fishponds. - Fishpond leased to qualified

persons and fisherfolk organizations/cooperatives shall be subject
to the following conditions:

(a) Areas leased for fishpond purposes shall be no more than

50 hectares for individuals and 250 hectares for corporations
or fisherfolk organizations;

(b) The lease shall be for a period of twenty-five (25) years

and renewable for another twenty-five (25) years: Provided,
That in case of the death of the lessee, his spouse and/or
children, as his heirs, shall have preemptive rights to the
unexpired term of his Fishpond Lease Agreement subject to
 the same terms and conditions provided herein provided that
the said heirs are qualified;

(c) Lease rates for fishpond areas shall be determined by the

Department: Provided, That all fees collected shall be
remitted to the National Fisheries Research and
Development Institute and other qualified research
institutions to be used for aquaculture research development;

(d) The area leased shall be developed and producing on a

commercial scale within three (3) years from the approval of
the lease contract: Provided, however, That all areas not fully
producing within five (5) years from the date of approval of
the lease contract shall automatically revert to the public
domain for reforestation;

(e) The fishpond shall not be subleased, in whole or in part,

and failure to comply with this provision shall mean
cancellation of FLA;

(f) The transfer or assignment of rights to FLA shall be

allowed only upon prior written approval of the Department;

(g) The lessee shall undertake reforestation for river banks,

bays, streams, and seashore fronting the dike of his fishpond
subject to the rules and regulations to be promulgated
thereon; and

(h) The lessee shall provide facilities that will minimize

environmental pollution, i.e., settling ponds, reservoirs, etc:
Provided, That failure to comply with this provision shall
mean cancellation of FLA.

Section 47. Code of Practice for Aquaculture. - The Department

shall establish a code of practice for aquaculture that will outline
general principles and guidelines for environmentally-sound
design and operation to promote the sustainable development of
the industry. Such Code shall be developed through a
consultative process with the DENR, the fishworkers, FLA
holders, fishpond owners, fisherfolk cooperatives, small-scale
operators, research institutions and the academe, and other
potential stakeholders. The Department may consult with
specialized international organizations in the formulation of the
code of practice.

Section 48. Incentives and Disincentives for Sustainable

Aquaculture Practices. - The Department shall formulate
incentives and disincentives, such as, but not limited to, effluent
charges, user fees and negotiable permits, to encourage
compliance with the environmental standards and to promote
sustainable management practices.

Section 49. Reversion of All Abandoned, Undeveloped or

Underutilized Fishponds. - The DENR, in coordination with the
Department, LGUs, other concerned agencies and FARMCs shall
determine which abandoned, underdeveloped or underutilized
fishponds covered by FLAs can be reverted to their original
mangrove state and after having made such determination shall
take all steps necessary to restore such areas in their original
mangrove state.

Section 50. Absentee Fishpond Lease Agreement Holders. -

Holders of fishpond lease agreements who have acquired
citizenship in another country during the existence of the FLA
shall have their lease automatically cancelled and the
improvements thereon to be forfeited in favor of the government
and disposed of in accordance with rules and regulations
promulgated thereon.
Section 51. License to Operate Fish Pens, Fish Cages, Fish Traps
and Other Structures for the Culture of Fish and Other Fishery
Products. - Fish pens, fish cages, fish traps and other structures
for the culture of fish and other fishery products shall be
constructed and shall operate only within established zones duly
designated by LGUs in consultation with the FARMCs concerned
consistent with national fisheries policies after the corresponding
licenses thereof have been secured. The area to be utilized for this
purpose for individual person shall be determined by the LGUs in
consultation with the concerned FARMC: Provided, however,
That not over ten percent (10%) of the suitable water surface area
of all lakes and rivers shall be allotted for aquaculture purposes
like fish pens, fish cages and fish traps; and the stocking density
and feeding requirement which shall be controlled and
determined by its carrying capacity: Provided, further, That fish
pens and fish cages located outside municipal waters shall be
constructed and operated only within fish pen and fish cage belts
designated by the Department and after corresponding licenses
therefor have been secured and the fees thereof paid.

Section 52. Pearl Farm Leases. - The foregoing provisions

notwithstanding, existing pearl farm leases shall be respected and
allowed to operate under the terms thereof. New leases may be
granted to qualified persons who possess the necessary capital and
technology, by the LGUs having jurisdiction over the area.

Section 53. Grant of Privileges for Operations of Fish Pens, Cages,

Corrals/Traps and Similar Structures. - No new concessions,
licenses, permits, leases and similar privileges for the
establishment or operation of fish pens, fish cages, fish
corrals/traps and other similar structures in municipal areas shall
be granted except to municipal fisherfolk and their organizations.
Section 54. Insurance for Fishponds, Fish Cages and Fish Pens. -
Inland fishponds, fish cages and fish pens shall be covered under
the insurance program of the Philippine Crop Insurance
Corporation for losses caused by force majeure and fortuitous
events.

Section 55. Non-Obstruction to Navigation. - Nothing in the

foregoing sections shall be construed as permitting the lessee,
licensee, or permittee to undertake any construction which will
obstruct the free navigation in any stream, river, lakes, or bays
flowing through or adjoining the fish pens, fish cages, fish traps
and fishponds, or impede the flow of the tide to and from the area.
Any construction made in violation hereof shall be removed upon
the order of the Department in coordination with the other
government agencies concerned at the expense of the lessee,
licensee, or occupants thereof, whenever applicable. The
Department shall within thirty (30) days after the effectivity of
this Code formulate and implement rules and regulations for the
immediate dismantling of existing obstruction to navigation.

Section 56. Non-Obstruction to Defined Migration Paths. -

Nothing in the foregoing sections shall be construed as permitting
the lessee, permittee, or licensee to undertake any construction
which will obstruct any defined migration path of migratory fish
species such as river mouths and estuaries with a distance
determined by the concerned LGUs in consultation with and
upon the recommendation of the FARMCs.

Section 57. Registration of Fish Hatcheries and Private Fishponds,

etc. - All fish hatcheries, fish breeding facilities and private
fishponds must be registered with the LGUs which shall prescribe
minimum standards for such facilities in consultation with the
Department: Provided, That the Department shall conduct a
yearly inventory of all fishponds, fish pens and fish cages whether
in public or private lands: Provided, further, That all fishpond,
fish pens and fish cage operators shall annually report to the
Department the type of species and volume of production in areas
devoted to aquaculture.

ARTICLE IV

POST-HARVEST FACILITIES, ACTIVITIES AND TRADES

Section 58. Comprehensive Post-harvest and Ancillary Industries

Plan. - The Department shall conduct a regular study of fisheries
post-harvest operations and ancillary industries, in the
formulation of a comprehensive plan for post-harvest and
ancillary industries. It shall take into account among others, the
following:

(a) detailed and clear guidelines on the distribution,

construction, maintenance and use of post-harvest
infrastructure facilities;

(b) extension of credit and incentives for post-harvest

operations;

(c) promotion and strengthening of semi-processing,

processing and handling;

(d) development of domestic fishmeal industry;

(e) development of fisheries ship-building and repair as a

viable industry;

(f) development and strengthening of marketing facilities

and activities, including the pricing system, with emphasis
on collective marketing and the elimination of middlemen;
 (g) increased participation of cooperatives and non-
governmental organizations in post-harvest operations and
ancillary industries; and

(h) integration of fisheries post-harvest operations into the

national fisheries plan.

Section 59. Establishment of Post-Harvest Facilities for Fishing

Communities. - The LGUs shall coordinate with the private sector
and other concerned agencies and FARMCs in the establishment
of post-harvest facilities for fishing communities such as, but not
limited to, municipal fish landing sites, fish ports, ice plants and
cold storage and other fish processing establishments to serve
primarily the needs of municipal fisherfolk: Provided, That such
post-harvest facilities shall be consistent with the Comprehensive
Post-harvest and Ancillary Industries Plan.

Section 60. Registration and Licensing of all Post-Harvest

Facilities. - All post-harvest facilities such as fish processing
plants, ice plants, and cold storages, fish ports/landings and other
fishery business establishments must register with and be
licensed by the LGUs which shall prescribe minimum standards
for such facilities in consultation with the Department.

Section 61. Importation and Exportation of Fishery Products. -

(a) Export of fishery products shall be regulated whenever

such exportation affects domestic food security and
production: Provided, That exportation of live fish shall be
prohibited except those which are hatched or propagated in
accredited hatcheries and ponds;

(b) To protect and maintain the local biodiversity or ensure

the sufficiency of domestic supply, spawners, breeders, eggs
and fry of bangus, prawn and other endemic species, as may
 be determined by the Department, shall not be exported or
caused to be exported by any person;

(c) Fishery products may be imported only when the

importation has been certified as necessary by the
Department in consultation with the FARMC, and all the
requirements of this Code, as well as all existing rules and
regulations have been complied with: Provided, That fish
imports for canning/processing purposes only may be
allowed without the necessary certification, but within the
provisions of Section 61(d) of this Code; and

(d) No person, shall import and/or export fishery products of

whatever size, stage or form for any purpose without
securing a permit from the Department.

The Department in consultation with the FARMC shall

promulgate rules and regulations on importation and exportation
of fish and fishery/aquatic resources with the Government's
export/import simplification procedures.

Section 62. Instruments of Weights and Measures, and Quality

Grades/Standards. - Standards for weights, volume and other
measurements for all fishery transactions shall be set by the
Department.

All fish and fishery products for export, import and domestic
consumption shall meet the quality grades/standards as
determined by the Department.

The LGU concerned shall, by appropriate ordinance, penalize

fraudulent practices and unlawful possession or use of
instruments of weights and measures.

CHAPTER III
Reconstitution of The Bureau of Fisheries and Aquatic Resources
and Creation of Fisheries and Aquatic Resources Management
Councils

ARTICLE I

RECONSTITUTION OF THE BUREAU OF FISHERIES AND

AQUATIC RESOURCES

Section 63. Creation of the Position of Undersecretary for Fisheries

and Aquatic Resources. - There is hereby created in the
Department of Agriculture the position of Undersecretary for
Fisheries and Aquatic Resources, solely for the purpose of
attending to the needs of the fishing industry, to be appointed by
the President. Such Undersecretary shall have the following
functions:

(a) set policies and formulate standards for the effective,

efficient and economical operations of the fishing industry in
accordance with the programs of the government;

(b) exercise overall supervision over all functions and

activities of all offices and instrumentalities and other offices
related to fisheries including its officers;

(c) establish, with the assistance of the director, such

regional, provincial and other fishery officers as may be
necessary and appropriate and organize the internal structure
of BFAR in such manner as is necessary for the efficient and
effective attainment of its objectives and purposes; and

(d) perform such other functions as may be necessary or

proper to attain the objectives of this Code.
Section 64. Reconstitution of the BFAR. - The Bureau of Fisheries
and Aquatic Resources (BFAR) is hereby reconstituted as a line
bureau under the Department of Agriculture.

Section 65. Functions of the Bureau of Fisheries and Aquatic

Resources. - As a line bureau, the BFAR shall have the following
functions:

(a) prepare and implement a Comprehensive National

Fisheries Industry Development Plan;

(b) issue licenses for the operation of commercial fishing

vessels;

(c) issue identification cards free of charge to fishworkers

engaged in commercial fishing;

(d) monitor and review joint fishing agreements between

Filipino citizens and foreigners who conduct fishing
activities in international waters, and ensure that such
agreements are not contrary to Philippine commitment
under international treaties and convention on fishing in the
high seas;

(e) formulate and implement a Comprehensive Fishery

Research and Development Program, such as, but not limited
to, sea farming, sea ranching, tropical/ornamental fish and
seaweed culture, aimed at increasing resource productivity,
improving resource use efficiency, and ensuring the long-
term sustainability of the country's fishery and aquatic
resources;

(f) establish and maintain a Comprehensive Fishery

Information System;
(g) provide extensive development support services in all
aspects of fisheries production, processing and marketing;

(h) provide advisory services and technical assistance on the

improvement of quality of fish from the time it is caught (i.e.
on board fishing vessel, at landing areas, fish markets, to the
processing plants and to the distribution and marketing
chain);

(i) coordinate efforts relating to fishery production

undertaken by the primary fishery producers, LGUs,
FARMCs, fishery and organizations/cooperatives;

(j) advise and coordinate with LGUs on the maintenance of

proper sanitation and hygienic practices in fish markets and
fish landing areas;

(k) establish a corps of specialists in collaboration with the

Department of National Defense, Department of the Interior
and Local Government, Department of Foreign Affairs for
the efficient monitoring, control and surveillance of fishing
activities within Philippine territorial waters and provide the
necessary facilities, equipment and training therefor;

(l) implement an inspection system for import and export of

fishery/aquatic products and fish processing establishments,
consistent with international standards to ensure product
quality and safety;

(m) coordinate with LGUs and other concerned agencies for

the establishment of productivity enhancing and market
development programs in fishing communities to enable
women to engage in other fisheries/economic activities and
contribute significantly to development efforts;
 (n) enforce all laws, formulate and enforce all rules and
regulations governing the conservation and management of
fishery resources, except in municipal waters, and to settle
conflicts of resource use and allocation in consultation with
the NFARMC, LGUs and local FARMCs;

(o) develop value-added fishery-products for domestic

consumption and export;lawphi1™

(p) recommend measures for the protection/enhancement of

the fishery industries;

(q) assist the LGUs in developing their technical capability in

the development, management, regulation, conservation,
and protection of the fishery resources;

(r) formulate rules and regulations for the conservation and

management of straddling fish stocks and highly migratory
fish stocks; and

(s) perform such other related functions which shall promote

the development, conservation, management, protection and
utilization of fisheries and aquatic resources.

Section 66. Composition of BFAR. - As a line bureau, the BFAR

shall be headed by a Director and assisted by two (2) Assistant
Directors who shall supervise the administrative and technical
services of the bureau respectively. It shall establish regional,
provincial and municipal offices as may be appropriate and
necessary to carry out effectively and efficiently the provisions of
this Code.

Section 67. Fisheries Inspection and Quarantine Service. - For

purposes of monitoring and regulating the importation and
exportation of fish and fishery/aquatic resources, the Fisheries
Inspection and Quarantine Service in the BFAR is hereby
strengthened and shall have the following functions:

(a) conduct fisheries quarantine and quality inspection of all

fish and fishery/aquatic products coming into and going out
of the country by air or water transport, to detect the
presence of fish pest and diseases and if found to harbor fish
pests or diseases shall be confiscated and disposed of in
accordance with environmental standards and practices;

(b) implement international agreements/commitments on

bio-safety and bio-diversity as well as prevent the movement
or trade of endemic fishery and aquatic resources to ensure
that the same are not taken out of the country;

(c) quarantine such aquatic animals and other fishery

products determined or suspected to be with fishery pests
and diseases and prevent the movement or trade from and/or
into the country of these products so prohibited or regulated
under existing laws, rules and regulations as well as
international agreements of which the Philippines is a State
Party;

(d) examine all fish and fishery products coming into or going
out of the country which may be a source or medium of fish
pests or diseases and/or regulated by existing fishery
regulations and ensure that the quality of fish import and
export meet international standards; and

(e) document and authorize the movement or trade of fish

and fishery products when found free of fish pests or diseases
and collect necessary fees prescribed by law and regulations.

ARTICLE II
THE FISHERIES AND AQUATIC RESOURCES MANAGEMENT
COUNCILS (FARMCs)

Section 68. Development of Fisheries and Aquatic Resources in

Municipal Waters and Bays. - Fisherfolk and their organizations
residing within the geographical jurisdiction of the barangays,
municipalities or cities with the concerned LGUs shall develop
the fishery/aquatic resources in municipal waters and bays.

Section 69. Creation of Fisheries and Aquatic Resources

Management Councils (FARMCs). - FARMCs shall be established
in the national level and in all municipalities/cities abutting
municipal waters as defined by this Code. The FARMCs shall be
formed by fisherfolk organizations/cooperatives and NGOs in the
locality and be assisted by the LGUs and other government
entities. Before organizing FARMCs, the LGUs, NGOs, fisherfolk,
and other concerned POs shall undergo consultation and
orientation on the formation of FARMCs.

Section 70. Creation and Composition of the National Fisheries

and Aquatic Resources Management Council (NFARMC). - There
is hereby created a National Fisheries and Aquatic Resources
Management Council hereinafter referred to as NFARMC as an
advisory/recommendatory body to the Department. The
NFARMC shall be composed of fifteen (15) members consisting
of:

(a) the Undersecretary of Agriculture, as Chairman;

(b) the Undersecretary of the Interior and Local

Government;

(c) five (5) members representing the fisherfolk and

fishworkers;
 (d) five (5) members representing commercial fishing and
aquaculture operators and the processing sectors;

(e) two (2) members from the academe; and

(f) one (1) representative of NGOs involved in fisheries.

The members of the NFARMC, except for the Undersecretary of

Agriculture and the Undersecretary of the Interior and Local
Government, shall be appointed by the President upon the
nomination of their respective organizations.

Section 71. Terms of Office. - The members of NFARMC, except

the Undersecretary of Agriculture and the Undersecretary of the
Interior and Local Government, shall serve for a term of three (3)
years without reappointment.

Section 72. Functions of the NFARMC. - The NFARMC shall have

the following functions:

(a) assist in the formulation of national policies for the

protection, sustainable development and management of
fishery and aquatic resources for the approval of the
Secretary;

(b) assist the Department in the preparation of the National

Fisheries and Industry Development Plan; and

(c) perform such other functions as may be provided by law.

Section 73. The Municipal/City Fisheries and Aquatic Resources

Management Councils (M/CFARMCs). - The M/CFARMCs shall
be created in each of the municipalities and cities abutting
municipal waters. However, the LGU may create the Barangay
Fisheries and Aquatic Resources Management Councils
(BFARMCs) and the Lakewide Fisheries and Aquatic Resources
Management Councils (LFARMCs) whenever necessary. Such
BFARMCs and LFARMCs shall serve in an advisory capacity to
the LGUs.

Section 74. Functions of the M/CFARMCs. - The M/CFARMCs

shall exercise the following functions:

(a) assist in the preparation of the Municipal Fishery

Development Plan and submit such plan to the Municipal
Development Council;

(b) recommend the enactment of municipal fishery

ordinances to the sangguniang bayan/sangguniang
panlungsod through its Committee on Fisheries;

(c) assist in the enforcement of fishery laws, rules and

regulations in municipal waters;

(d) advise the sangguniang bayan/panlungsod on fishery

matters through its Committee on Fisheries, if such has been
organized; and

(e) perform such other functions which may be assigned by

the sangguniang bayan/panlungsod.

Section 75. Composition of the M/CFARMC . - The regular

member of the M/CFARMCs shall be composed of:

(a) Municipal/City Planning Development Officer;

(b) Chairperson, Agriculture/Fishery Committee of the

Sangguniang Bayan/Panlungsod;

(c) representative of the Municipal/City Development

Council;

(d) representative from the accredited non-government

organization;
 (e) representative from the private sector;

(f) representative from the Department of Agriculture; and

(g) at least eleven (11) fisherfolk representatives (seven (7)

municipal fisherfolk, one (1) fishworker and three (3)
commercial fishers) in each municipality/city which include
representative from youth and women sector.

The Council shall adopt rules and regulations necessary to govern

its proceedings and election.

Section 76. The Integrated Fisheries and Aquatic Resources

Management Councils (IFARMCs). - The IFARMCs shall be
created in bays, gulfs, lakes and rivers and dams bounded by two
(2) or more municipalities/cities.

Section 77. Functions of the IFARMCs. - The IFARMC shall have

the following functions:

(a) assist in the preparation of the Integrated Fishery

Development Plan and submit such plan to the concerned
Municipal Development Councils;

(b) recommend the enactment of integrated fishery

ordinances to the concerned sangguniang bayan/panlungsod
through its Committee on Fisheries, if such has been
organized;

(c) assist in the enforcement of fishery laws, rules and

regulations in concerned municipal waters;

(d) advice the concerned sangguniang bayan/panlungsod on

fishery matters through its Committee on Fisheries, if such
has been organized; and
 (e) perform such other functions which may be assigned by
the concerned sangguniang bayan/panlungsod.

Section 78. Composition of the IFARMCs. - The regular members

of the IFARMCs shall be composed of the following:

(a) the chairperson of the Committee on

Agriculture/Fisheries of the concerned sangguniang
bayan/panlungsod;

(b) the Municipal/City Fisheries Officers of the concerned

municipalities/cities;

(c) the Municipal/City Development Officers of the

concerned municipalities/cities;

(d) one (1) representative from NGO;

(e) one (1) representative from private sector; and

(f) at least nine (9) representatives from the fisherfolk sector

which include representatives from the youth and women
sector.

The Council shall adopt rules and regulations necessary to govern

its proceedings and election.

Section 79. Source of Funds of the FARMCs. - A separate fund for

the NFARMC, IFARMCs and M/CFARMCs shall be established
and administered by the Department from the regular annual
budgetary appropriations.

CHAPTER IV

Fishery Reserves, Refuge and Sanctuaries

Section 80. Fishing Areas Reserves for Exclusive Use of

Government. - The Department may designate area or areas in
Philippine waters beyond fifteen (15) kilometers from shoreline
as fishery reservation for the exclusive use of the government or
any of its political subdivisions, agencies or instrumentalities, for
propagation, educational, research and scientific purposes:
Provided, That in municipalities or cities, the concerned LGUs in
consultation with the FARMCs may recommend to the
Department that portion of the municipal waters be declared as
fishery reserves for special or limited use, for educational,
research, and/or special management purposes. The FARMCs
may recommend to the Department portions of the municipal
waters which can be declared as fisheries reserves for special or
limited use for educational, research and special management
purposes.

Section 81. Fish Refuge and Sanctuaries. - The Department may

establish fish refuge and sanctuaries to be administered in the
manner to be prescribed by the BFAR at least twenty-five percent
(25%) but not more than forty percent (40%) of bays, foreshore
lands, continental shelf or any fishing ground shall be set aside
for the cultivation of mangroves to strengthen the habitat and the
spawning grounds of fish. Within these areas no commercial
fishing shall be allowed. All marine fishery reserves, fish
sanctuaries and mangrove swamp reservations already declared
or proclaimed by the President or legislated by the Congress of
the Philippines shall be continuously administered and
supervised by the concerned agency: Provided, however, That in
municipal waters, the concerned LGU in consultation with the
FARMCs may establish fishery refuge and sanctuaries. The
FARMCs may also recommend fishery refuge and sanctuaries:
Provided, further, That at least fifteen percent (15%) where
applicable of the total coastal areas in each municipality shall be
identified, based on the best available scientific data and in
consultation with the Department, and automatically designated
as fish sanctuaries by the LGUs in consultation with the
concerned FARMCs.

CHAPTER V

Fisheries Research and Development

Section 82. Creation of a National Fisheries Research and

Development Institute (NFRDI). - In recognition of the important
role of fisheries research in the development, management,
conservation and protection of the country's fisheries and aquatic
resources, there is hereby created a National Fisheries Research
and Development Institute (NFRDI).

The Institute shall form part of the National Research and

Development Network of the Department of Science and
Technology (DOST).

The Institute, which shall be attached to the Department shall

serve as the primary research arm of the BFAR. The overall
governance of the Institute shall be vested in the Governing
Board which shall formulate policy guidelines for its operation.
The plans, programs and operational budget shall be passed by
the Board. The Board may create such committees as it may deem
necessary for the proper and effective performance of its
functions. The composition of the Governing Board shall be as
follows:

(a) Undersecretary for Fisheries - Chairman

(b) BFAR Director - Vice Chairman

(c) NFRDI Executive Director - Member

(d) PCAMRD Executive Director - Member

(e) Representative from the academe - Member

 (f) four (4) representatives from the private sector who shall
come from the following subsectors: - Members

Municipal Fisherfolk

-Harvest/Processor

The NFRDI shall have a separate budget specific to its manpower

requirements and operations to ensure the independent and
objective implementation of its research activities.

Section 83. Qualification Standard. - The Institute shall be headed

by an Executive Director to be appointed by the President of the
Philippines upon the recommendation of the governing board.
The Executive Director shall hold a Doctorate degree in fisheries
and/or other related disciplines. The organizational structure and
staffing pattern shall be approved by the Department: Provided,
however, That the staffing pattern and remunerations for
scientific and technical staff shall be based on the qualification
standards for science and technology personnel.

Section 84. Research and Development Objectives. - Researches to

be done by the NFRDI are expected to result in the following:

(a) To raise the income of the fisherfolk and to elevate the

Philippines among the top five (5) in the world ranking in
the fish productions;

(b) to make the country's fishing industry in the high seas

competitive;

(c) to conduct social research on fisherfolk families for a

better understanding of their conditions and needs; and
 (d) to coordinate with the fisheries schools, LGUs and private
sectors regarding the maximum utilization of available
technology, including the transfer of such technology to the
industry particularly the fisherfolk.

Section 85. Functions of the NFRDI . - As a national institute, the

NFRDI shall have the following functions:

(a) establish a national infrastructure unit complete with

technologically-advanced features and modern scientific
equipment, which shall facilitate, monitor, and implement
various research needs and activities of the fisheries sector;

(b) provide a venue for intensive training and development

of human resources in the field of fisheries, a repository of all
fisheries researches and scientific information;

(c) provide intensive training and development of human

resources in the field of fisheries for the maximum utilization
of available technology;

(d) hasten the realization of the economic potential of the

fisheries sector by maximizing developmental research
efforts in accordance with the requirements of the national
fisheries conservations and development programs, also
possibly through collaborative effort with international
institutions; and

(e) formally establish, strengthen and expand the network of

fisheries-researching communities through effective
communication linkages nationwide.

CHAPTER VI

Prohibitions and Penalties

Section 86. Unauthorized Fishing or Engaging in Other
Unauthorized Fisheries Activities. - No person shall exploit,
occupy, produce, breed, culture, capture or gather fish, fry or
fingerlings of any fishery species or fishery products, or engage in
any fishery activity in Philippine waters without a license, lease
or permit.

Discovery of any person in an area where he has no permit or

registration papers for a fishing vessel shall constitute a prima
facie presumption that the person and/or vessel is engaged in
unauthorized fishing: Provided, That fishing for daily food
sustenance or for leisure which is not for commercial, occupation
or livelihood purposes may be allowed.

It shall be unlawful for any commercial fishing vessel to fish in

bays and in such other fishery management areas which may
hereinafter be declared as over-exploited.

Any commercial fishing boat captain or the three (3) highest

officers of the boat who commit any of the above prohibited acts
upon conviction shall be punished by a fine equivalent to the
value of catch or Ten thousand pesos (P10,000.00) whichever is
higher, and imprisonment of six (6) months, confiscation of catch
and fishing gears, and automatic revocation of license.

It shall be unlawful for any person not listed in the registry of

municipal fisherfolk to engage in any commercial fishing activity
in municipal waters. Any municipal fisherfolk who commits such
violation shall be punished by confiscation of catch and a fine of
Five hundred pesos (500.00).

Section 87. Poaching in Philippine Waters. - It shall be unlawful

for any foreign person, corporation or entity to fish or operate
any fishing vessel in Philippine waters.
The entry of any foreign fishing vessel in Philippine waters shall
constitute a prima facie evidence that the vessel is engaged in
fishing in Philippine waters.

Violation of the above shall be punished by a fine of One hundred

thousand U.S. Dollars (US$100,000.00), in addition to the
confiscation of its catch, fishing equipment and fishing vessel:
Provided, That the Department is empowered to impose an
administrative fine of not less than Fifty thousand U.S. Dollars
(US$50,000.00) but not more than Two hundred thousand U.S.
Dollars (US$200,000.00) or its equivalent in the Philippine
Currency.

Section 88. Fishing Through Explosives, Noxious or Poisonous

Substance, and/or Electricity. -
(1) It shall be unlawful for any person to catch, take or gather
or cause to be caught, taken or gathered, fish or any fishery
species in Philippine waters with the use of electricity,
explosives, noxious or poisonous substance such as sodium
cyanide in the Philippine fishery areas, which will kill,
stupefy, disable or render unconscious fish or fishery species:
Provided, That the Department, subject to such safeguards
and conditions deemed necessary and endorsement from the
concerned LGUs, may allow, for research, educational or
scientific purposes only, the use of electricity, poisonous or
noxious substances to catch, take or gather fish or fishery
species: Provided, further, That the use of poisonous or
noxious substances to eradicate predators in fishponds in
accordance with accepted scientific practices and without
causing adverse environmental impact in neighboring waters
and grounds shall not be construed as illegal fishing.
It will likewise be unlawful for any person, corporation or
entity to possess, deal in, sell or in any manner dispose of,
any fish or fishery species which have been illegally caught,
taken or gathered.

The discovery of dynamite, other explosives and chemical

compounds which contain combustible elements, or noxious
or poisonous substances, or equipment or device for electro-
fishing in any fishing vessel or in the possession of any
fisherfolk, operator, fishing boat official or fishworker shall
constitute prima facie evidence, that the same was used for
fishing in violation of this Code. The discovery in any fishing
vessel of fish caught or killed with the use of explosive,
noxious or poisonous substances or by electricity shall
constitute prima facie evidence that the fisherfolk, operator,
boat official or fishworker is fishing with the use thereof.

(2) Mere possession of explosive, noxious or poisonous

substances or electrofishing devices for illegal fishing shall be
punishable by imprisonment ranging from six (6) months to
two (2) years.

(3) Actual use of explosives, noxious or poisonous substances

or electrofishing devices for illegal fishing shall be
punishable by imprisonment ranging from five (5) years to
ten (10) years without prejudice to the filing of separate
criminal cases when the use of the same result to physical
injury or loss of human life.

(4) Dealing in, selling, or in any manner disposing of, for

profit, illegally caught/gathered fisheries species shall be
punished by imprisonment ranging from six (6) months to
two (2) years.
 (5) In all cases enumerated above, the explosives, noxious or
poisonous substances and/or electrical devices, as well as the
fishing vessels, fishing equipment and catch shall be
forfeited.

Section 89. Use of Fine Mesh Net. - It shall be unlawful to engage

in fishing using nets with mesh smaller than that which may be
fixed by the Department: Provided, That the prohibition on the
use of fine mesh net shall not apply to the gathering of fry, glass
eels, elvers, tabios, and alamang and such species which by their
nature are small but already mature to be identified in the
implementing rules and regulations by the Department.

Violation of the above shall subject the offender to a fine from

Two thousand pesos (P2,000.00) to Twenty thousand pesos
(P20,000.00) or imprisonment from six (6) months to two (2)
years or both such fine and imprisonment at the discretion of the
court: Provided, That if the offense is committed by a commercial
fishing vessel, the boat captain and the master fisherman shall
also be subject to the penalties provided herein: Provided,
further, That the owner/operator of the commercial fishing vessel
who violates this provision shall be subjected to the same
penalties provided herein: Provided, finally, That the
Department is hereby empowered to impose upon the offender
an administrative fine and/or cancel his permit or license or both.

Section 90. Use of Active Gear in the Municipal Waters and Bays
and Other Fishery Management Areas. - It shall be unlawful to
engage in fishing in municipal waters and in all bays as well as
other fishery management areas using active fishing gears as
defined in this Code.

Violators of the above prohibitions shall suffer the following

penalties:
 (1) The boat captain and master fisherman of the vessels who
participated in the violation shall suffer the penalty of
imprisonment from two (2) years to six (6) years;

(2) The owner/operator of the vessel shall be fined from Two

thousand pesos (P2,000.00) to Twenty thousand pesos
(20,000.00) upon the discretion of the court.

If the owner/operator is a corporation, the penalty shall be

imposed on the chief executive officer of the Corporation.

If the owner/operator is a partnership the penalty shall be

imposed on the managing partner.

(3) The catch shall be confiscated and forfeited.

Section 91. Ban on Coral Exploitation and Exportation. - It shall

be unlawful for any person or corporation to gather, possess, sell
or export ordinary precious and semi-precious corals, whether
raw or in processed form, except for scientific or research
purposes.

Violations of this provision shall be punished by imprisonment

from six (6) months to two (2) years and a fine from Two
thousand pesos (P2,000.00) to Twenty thousand pesos
(20,000.00), or both such fine and imprisonment, at the discretion
of the court, and forfeiture of the subject corals, including the
vessel and its proper disposition.

The confiscated corals shall either be returned to the sea or

donated to schools and museums for educational or scientific
purposes or disposed through other means.

Section 92. Ban on Muro-Ami Other Methods and Gear

Destructive to Coral Reefs and Other Marine Habitat.- It shall be
unlawful for any person, natural or juridical, to fish with gear
method that destroys coral reefs, seagrass beds, and other fishery
marine life habitat as may be determined by the Department.
"Muro-Ami" and any of its variation, and such similar gear and
methods that require diving, other physical or mechanical acts to
pound the coral reefs and other habitat to entrap, gather or catch
fish and other fishery species are also prohibited.

The operator, boat captain, master fisherman, and recruiter or

organizer of fishworkers who violate this provision shall suffer a
penalty of two (2) years to ten (10) years imprisonment and a fine
of not less than One hundred thousand pesos (P100,000.00) to
Five hundred thousand pesos (P500,000.00) or both such fine and
imprisonment, at the discretion of the court. The catch and gear
used shall be confiscated.

It shall likewise be unlawful for any person or corporation to

gather, sell or export white sand, silica, pebbles and any other
substances which make up any marine habitat.

The person or corporation who violates this provision shall suffer

a penalty of two (2) years to ten (10) years imprisonment and a
fine of not less than One hundred thousand pesos (P100,000.00)
to Five hundred thousand pesos (P500,000.00) or both such fine
and imprisonment, at the discretion of the court. The substance
taken from its marine habitat shall be confiscated.

Section 93. Illegal Use of Superlights. - It shall be unlawful to

engage in fishing with the use of superlights in municipal waters
or in violation of the rules and regulations which may be
promulgated by the Department on the use of superlights outside
municipal waters.

Violations of this provision shall be punished by imprisonment

from six (6) months to two (2) years or a fine of Five thousand
pesos (P5,000.00) per superlight, or both such fine and
imprisonment at the discretion of the courts. The superlight,
fishing gears and vessel shall be confiscated.

Section 94. Conversion of Mangroves. - It shall be unlawful for

any person to convert mangroves into fishponds or for any other
purposes.

Violation of the provision of this section shall be punished by

imprisonment of six (6) years and one (1) day to twelve (12) years
and/or a fine of Eighty thousand pesos (P80,000.00): Provided,
That if the area requires rehabilitation or restoration as
determined by the court, the offender should also be required to
restore or compensate for the restoration of the damage.

Section 95. Fishing in Overfished Area and During Closed Season. -

It shall be unlawful to fish in overfished area and during closed
season.

Violation of the provision of this section shall be punished by

imprisonment of six (6) months and one (1) day to six (6) years
and/or fine of Six thousand pesos (P6,000.00) and by forfeiture of
the catch and cancellation of fishing permit or license.

Section 96. Fishing in Fishery Reserves, Refuge and Sanctuaries. -

It shall be unlawful to fish in fishery areas declared by the
Department as fishery reserves, refuge and sanctuaries.

Violation of the provision of this section shall be punished by

imprisonment of two (2) years to six (6) years and/or fine of Two
thousand pesos (P2,000.00) to Twenty thousand pesos
(P20,000.00) and by forfeiture of the catch and the cancellation
of fishing permit or license.

Section 97. Fishing Or Taking of Rare, Threatened or Endangered

Species. - It shall be unlawful to fish or take rare, threatened or
endangered species as listed in the CITES and as determined by
the Department.

Violation of the provision of this section shall be punished by

imprisonment of twelve (12) years to twenty (20) years and/or a
fine of One hundred and twenty thousand pesos (P120,000.00)
and forfeiture of the catch, and the cancellation of fishing permit.

Section 98. Capture of Sabalo and Other Breeders/Spawners. - It

shall be unlawful for any person to catch, gather, capture or
possess mature milkfish or "sabalo" and such other breeders or
spawners of other fishery species as may be determined by the
Department: Provided, That catching of "sabalo" and other
breeders/spawners for local breeding purposes or scientific or
research purposes may be allowed subject to guidelines to be
promulgated by the Department.

Violation of the provision of this section shall be punished by

imprisonment of six (6) months and one (1) day to eight (8) years
and/or a fine of Eighty thousand pesos (P80,000.00) and forfeiture
of the catch, and fishing equipment used and revocation of
license.

Section 99. Exportation of Breeders, Spawners, Eggs or Fry. -

Exportation of breeders, spawners, eggs or fry as prohibited in
this Code shall be punished by imprisonment of eight (8) years,
confiscation of the same or a fine equivalent to double the value
of the same, and revocation of the fishing and/or export
license/permit.

Section 100. Importation or Exportation of Fish or Fishery

Species. - Any importation or exportation of fish or fisheries
species in violation of this Code shall be punished by eight (8)
years of imprisonment, a fine of Eighty thousand pesos
(P80,000.00) and destruction of live fishery species or forfeiture
of non-live fishery species in favor of the department for its
proper disposition: Provided, That violator of this provision shall
be banned from being members or stock holders of companies
currently engaged in fisheries or companies to be created in the
future, the guidelines for which shall be promulgated by the
Department.

Section 101. Violation of Catch Ceilings. - It shall be unlawful for

any person to fish in violation of catch ceilings as determined by
the Department. Violation of the provision of this section shall be
punished by imprisonment of six (6) months and one (1) day to
six (6) years and/or a fine of Fifty thousand pesos (P50,000.00)
and forfeiture of the catch, and fishing equipment used and
revocation of license.

Section 102. Aquatic Pollution. - Aquatic pollution, as defined in

this Code shall be unlawful.

Violation of the provision of this section shall be punished by

imprisonment of six (6) years and one (1) day to twelve (12) years
and/or a fine of Eighty thousand pesos (P80,000.00) plus an
additional fine of Eight thousand pesos (P8,000.00) per day until
such violation ceases and the fines paid.

Section 103. Other Violations. - The following fisheries activities

shall also be considered as a violation of this Code:

(a) Failure to Comply with Minimum Safety Standards. - The

owner and captain of a commercial fishing vessel engaged in
fishing who, upon demand by proper authorities, fails to
exhibit or show proof of compliance with the safety
standards provided in this Code, shall be immediately
prevented from continuing with his fishing activity and
escorted to the nearest port or landing point. The license to
 operate the commercial fishing vessel shall be suspended
until the safety standard has been complied with.

(b) Failure to Conduct a Yearly Report on all Fishponds, Fish

Pens and Fish Cages. - The FLA of the holder who fails to
render a yearly report shall be immediately cancelled:
Provided, That if the offender be the owner of the fishpond,
fish pen or fish cage, he shall be subjected to the following
penalties: (1) first offense, a fine of Five hundred pesos
(P500.00) per unreported hectare; (2) subsequent offenses, a
fine of One thousand pesos (1,000.00) per unreported
hectare.

(c) Gathering and Marketing of Shell Fishes. - It shall be

unlawful for any person to take, sell, transfer, or have in
possession for any purpose any shell fish which is sexually
mature or below the minimum size or above the maximum
quantities prescribed for the particular species.

(d) Obstruction to Navigation or Flow and Ebb of Tide in any

Stream, River, Lake or Bay. - It shall be unlawful for any
person who causes obstruction to navigation or flow or ebb
of tide.

(e) Construction and Operation of Fish Corrals/Traps, Fish

Pens and Fish Cages. - It shall be unlawful to construct and
operate fish corrals/traps, fish pens and fish cages without a
license/permit.

Subject to the provision of subparagraph (b) of this section,

violation of the above-enumerated prohibited acts shall subject
the offender to a fine ranging from Two thousand pesos
(P2,000.00) to Ten thousand pesos (P10,000.00) or imprisonment
from one (1) month and one (1) day to six (6) months, or both
such fine and imprisonment, upon the discretion of the court:
Provided, That the Secretary is hereby empowered to impose
upon the offender an administrative fine of not more than Ten
thousand pesos (P10,000.00) or to cancel his permit or license, or
to impose such fine and to cancel his permit or license, in the
discretion of the Secretary: Provided, further, That the Secretary,
or his duly authorized representative, and law enforcement
agents are hereby empowered to impound with the assistance of
the Philippine Coast Guard, PNP-Maritime Command: Provided,
finally, That any person who unlawfully obstructs or delays the
inspection and/or movement of fish and fishery/aquatic products
when such inspection and/or movement is authorized under this
Code, shall be subject to a fine of not more than Ten thousand
pesos (P10,000.00) or imprisonment of not more than two (2)
years, or both such fine and imprisonment, upon the discretion
of the court.

Every penalty imposed for the commission of an offense shall

carry with it the forfeiture of the proceeds of such offense and the
instruments or tools with which it was committed.

Such proceeds and instruments or tools shall be confiscated and

forfeited in favor of the Government, unless they be the property
of a third person not liable for the offense, but those articles
which are not subject of lawful commerce shall be destroyed.

Section 104. Commercial Fishing Vessel Operators Employing

Unlicensed Fisherfolk or Fishworker or Crew.- The
owner/operator of a commercial fishing vessel employing
unlicensed fisherfolk or fishworker shall be fined Five hundred
pesos (P500.00) each for every month that the same has been
employed and/or One thousand pesos (P1,000.00) for every
month for each unlicensed crew member who has been
employed.
Section 105. Obstruction of Defined Migration Paths. -
Obstruction of any defined migration paths of anadromous,
catadromous and other migratory species, in areas including, but
not limited to river mouths and estuaries within a distance
determined by the concerned FARMCs shall be punished by
imprisonment of seven (7) years to twelve (12) years or a fine
from Fifty thousand pesos (P50,000.00) to One hundred thousand
pesos (P100,000.00)or both imprisonment and fine at the
discretion of the court, and cancellation of permit/license, if any,
and dismantling of obstruction shall be at his own expense and
confiscation of same.

Section 106. Obstruction to Fishery Law Enforcement Officer. -

The boat owner, master or operator or any person acting on his
behalf of any fishing vessel who evades, obstructs or hinders any
fishery law enforcement officer of the Department to perform his
duty, shall be fined Ten thousand pesos (P10,000.00). In addition,
the registration, permit and/or license of the vessel including the
license of the master fisherman shall be canceled.

Section 107. Promulgation of Administrative Orders. - For

purposes of fishery regulation or other fishery adjustments, the
Department in consultation with the LGUs and local FARMCs,
shall issue Fishery Administrative Orders or regulations for the
conservation, preservation, management and sustainable
development of fishery and aquatic resources.

CHAPTER VII

General Provisions

Section 108. Fisherfolk Settlement Areas. - The Department shall

establish and create fisherfolk settlement areas in coordination
with concerned agencies of the government, where certain areas
of the public domain, specifically near the fishing grounds, shall
be reserved for the settlement of the municipal fisherfolk.
Nothing in this section shall be construed to vest ownership of
any resettlement area to a municipal fisherfolk for whom said
areas may have been reserved for or had been actually granted to.

Section 109. Municipal Fisheries Grant Fund. - For the

development, management and conservation of the municipal
resources, there is hereby created a Fishery Grant Fund to finance
fishery projects of the LGUs primarily for the upliftment of the
municipal fisherfolk. The amount of One hundred million pesos
(P100,000,000.00) is hereby appropriated out of the Department's
allocation in the General Appropriations Act (GAA) to support
the Grant Fund.

For this purpose, the Department may seek financial assistance

from any source and may receive any donation therefore.

Section 110. Fishery Loan and Guarantee Fund. - Pursuant to

Section 7, Article XIII of the Constitution, there is hereby created
a Fishery Loan and Guarantee Fund with an initial of One
hundred million pesos (P100,000,000.00), which shall be
administered by the Land Bank of the Philippines. The fund shall
be made available for lending to qualified borrowers to finance
the development of the fishery industry under a program to be
prescribed by the Department.

For the same purpose, the Department may seek financial

assistance from any source and may receive any donation
therefrom.

Section 111. Fishing Vessels Development Fund. - There is hereby

created a Fishing Vessels Development Fund to enhance the
building and/or acquisition of fishing vessels. This shall be a long-
term loan facility that shall be administered by the Development
Bank of the Philippines. The amount of Two hundred and fifty
million pesos (P250,000,000.00) per year for five (5) years is
hereby appropriated out of the Department's allocation in the
GAA to support this Development Fund.

Section 112. Special Fisheries Science and Approfishtech Fund. -

The Department shall provide subsidy for full technical and
financial support to the development of appropriate technology,
both in fishery and ancillary industries, that are ecologically
sound, locally source-based and labor intensive, based on the
requirement and needs of the FARMCs. An initial amount of One
hundred million pesos (100,000,000.00) shall be authorized for
the purpose of a Special Fisheries Science and Approfishtech
Fund, and thereafter shall be included in the GAA.

Section 113. Aquaculture Investment Fund. - An Aquaculture

Investment Fund in the minimum amount of Fifty million pesos
(P50,000,000.00) shall be established for soft loans which shall be
extended to municipal fisherfolk and their organization who will
engage in aquaculture, and for the development of
underdeveloped or underutilized inland fishponds.

Section 114. Other Fisheries Financing Facilities. - In addition to

fisheries credit guarantee, grant and other similar facilities
granted under this Code, qualified Filipino fisherfolk and
fisheries enterprises shall enjoy such other facilities granted them
under existing and/or new laws, specially as to rural credit, with
preference being given to fisheries cooperatives.

Section 115. Professionalization of Fisheries Graduates. - There is

hereby created a Fisheries Board of Examiners in the Professional
Regulation Commission to upgrade the Fisheries Profession:
Provided, however, That those who have passed the Civil Service
Examination for Fisheries shall automatically be granted
eligibility by the Fisheries Board of Examiners: Provided, further,
That they have served the industry in either public or private
capacity for not less than five (5) years: Provided, finally, That
the first Board Examination for B.S. Fisheries Graduates shall be
conducted within one (1) year from the approval of this Code.

Section 116. Upgrading of State Fisheries Schools/Colleges. - The

Department, in coordination with the Commission on Higher
Education (CHED), Department of Education, Culture and Sports
(DECS), and Technical Education and Skills Development
Authority (TESDA), shall upgrade State Fisheries
Schools/Colleges which provide both formal and non-formal
education: Provided, however, That the CHED shall incorporate
Approfishtech in the curricula of fisheries schools/colleges.

The Department and the CHED shall jointly formulate standards

to upgrade all fisheries schools/colleges. Fisheries schools/colleges
that do not meet minimum standards shall be closed.

Section 117. Inclusion of Fisheries Conservation Subjects in School

Curriculum. - Fisheries conservation subjects shall be
incorporated in the curricula of elementary and secondary
schools both private and public.

Section 118. Educational campaign at all levels. - The Department,

the CHED, the DECS and the Philippine Information Agency
shall launch and pursue a nationwide educational campaign to:

(a) help realize the policies and implement the provisions of

this Code;

(b) promote the development, management, conservation

and proper use of the environment;

(c) promote the principle of sustainable development; and

 (d) promote the development of truly Filipino-oriented
fishing and ancillary industries.

Section 119. Infrastructure Support. - The Department in

cooperation with concerned agencies shall:

(a) prepare and implement a nationwide plan for the

development of municipal fishing ports and markets;

(b) prioritize the construction of farm-to-market roads

linking the fisheries production sites, coastal landing points
and other post-harvest facilities to major market and arterial
roads/highways;

(c) identity community infrastructure facilities such as fish

landing ports, ice plant and cold storage facilities in
consultation with fishery cooperatives/associations and
prepare plans and designs for their construction that would
be consistent with international environmental impact;

(d) establish and maintain quality laboratories in major fish

ports and prescribe the highest standards for the operation
and maintenance of such post-harvest facilities;

(e) arrange and make representations with appropriate

funding institutions to finance such facilities for the use of
the fishery cooperatives/associations;

(f) develop and strengthen marketing facilities and promote

cooperative marketing systems; and

(g) promote and strengthen local fisheries ship-building and

repair industry.

Section 120. Extension Services. - The Department shall develop

cost-effective, practical and efficient extension services on a
sustained basis, in addition to those provided by state educational
institutions, especially to municipal fisherfolk in undeveloped
areas, utilizing practicable and indigenous resources and
government agencies available, and based upon a system of self-
reliance and self-help.

Section 121. Protection of Sensitive Technical Information. - The

Department shall take such measures as may be necessary in
order to protect trade, industrial and policy information of
Filipino fisherfolk, fisheries owners/operators, entrepreneurs,
manufacturers and researchers, when disclosure of such
information will injure the competitiveness or viability of
domestic fisheries.

Section 122. Assistance in Collecting Information. - The

Department, in coordination with other government entities
concerned, may require Filipino representatives abroad and
foreign-based personnel to assist in the collection of fisheries data
and information.

Section 123. Charting of Navigational Lanes and Delineation of

Municipal Waters. - The Department shall authorize the National
Mapping and Resource Information Authority (NAMRIA) for the
designation and charting of navigational lanes in fishery areas and
delineation of municipal waters. The Philippine Coast Guard
shall exercise control and supervision over such designated
navigational lanes.

Section 124. Persons and Deputies Authorized to Enforce this Code

and Other Fishery Laws, Rules and Regulations. - The law
enforcement officers of the Department, the Philippine Navy,
Philippine Coast Guard, Philippine National Police (PNP), PNP-
Maritime Command, law enforcement officers of the LGUs and
other government enforcement agencies, are hereby authorized
to enforce this Code and other fishery laws, rules and regulations.
Other competent government officials and employees, punong
barangays and officers and members of fisherfolk associations
who have undergone training on law enforcement may be
designated in writing by the Department as deputy fish wardens
in the enforcement of this Code and other fishery laws, rules and
regulations.

Section 125. Strengthening Prosecution and Conviction of

Violators of Fishery Laws. - The Department of Justice (DOJ) shall
embark on a program to strengthen the prosecution and
conviction aspects of fishery law enforcement through
augmentation of the current complement of state prosecutors and
through their continuous training and reorientation on fishery
laws, rules and regulations.

Section 126. Foreign Grants and Aids. - All foreign grants, aids,
exchange programs, loans, researches and the like shall be
evaluated and regulated by the Department to ensure that such
are consistent with the Filipinization, democratization and
industrialization of fishing industry and the development of the
entire country.

Section 127. Mandatory Review. - The Congress of the Philippines

shall undertake a mandatory review of this Code at least once
every five (5) years and as often as it may deem necessary, to
ensure that fisheries policies and guidelines remain responsive to
changing circumstances.

CHAPTER VIII

Transitory Provisions

Section 128. Moratoria. - The Department shall, upon the

recommendation of the Bureau, have the power to declare a
moratorium on the issuance of licenses for commercial fishing
vessels to operate in specified area or areas in Philippine waters
for a limited period of time if there are indications of overfishing
brought about by a decrease in the volume and sizes of fish caught
therein or for conservation or ecological purposes.

No new licenses and similar privileges on exploitation of specific

fishery areas in Philippine waters and aquaculture production
areas shall be issued in accordance with this Code. Such moratoria
shall not exceed five (5) years from the effectivity of this Code.

Section 129. Formulation of Implementing Rules and

Regulations. - An Inter-agency Committee is hereby created to
formulate rules and regulations for the full implementation of
this Code within ninety (90) days of its effectivity: Provided,
however, That the formulated rules and regulations shall be
submitted to both Houses of Congress for information and
guidance. Such rules and regulations shall take effect upon
publication in a newspaper of general circulation.

The Inter-agency Committee shall be composed of the following:

(a) Secretary of Agriculture as Chairman;

(b) Secretary of the Interior and Local Government;

(c) Secretary of Environment and Natural Resources;

(d) Secretary of Justice;

(e) Secretary of Finance;

(f) Secretary of Budget and Management;

(g) Secretary of Labor and Employment;

(h) Secretary of National Defense;

(i) Commissioner of Civil Service Commission;

 (j) Director of BFAR;

(k) Executive Director of PCAMRD;

(l) General Manager of PFDA;

(m) One (1) representative from each of the following:

(a.1) The League of Provinces;

(a.2) The League of Cities;

(a.3) The League of Municipalities;

(a.4) The Liga ng mga Barangay;

(n) Representative of the municipal fisherfolk;lawphi1™

(o) Representative of the commercial fishers;

(p) Representative of the non-government organizations

involved in fishing concerns; and

(q) A representative from the academe coming from the

specialized fisheries institution.

CHAPTER IX

Final Provisions

Section 130. Appropriation. - The sum necessary to effectively

carry out the provisions of this Act during the first year of
implementation shall be sourced from the budget of the
DA/BFAR and other agencies performing fisheries-related
functions: Provided, however, That such amount as may be
necessary to carry out the provisions of Sections 79, 109, 110, 111,
112, 113 are hereby appropriated out of the unappropriated funds
of the National Treasury. The Congress of the Philippines shall
provide for the appropriations of the Department, the NFRDI and
the Fisheries Scholarship Program for the succeeding years to be
included in the annual GAA.

Section 131. Repealing Clause. - Presidential Decree No. 704, as

amended by Presidential Decree Nos. 1015 and 1058, Presidential
Decree No. 977, as amended, Executive Order No. 967, Series of
1984, Executive Order No. 116, Series of 1987, Executive Order
No. 292, Series of 1987, Executive Order No. 473, Series of 1991
and other existing laws except Republic Act No. 7611, decrees,
executive orders, and rules and regulations or parts thereof,
which are inconsistent with this Code, are hereby repealed or
modified accordingly.

Section 132. Separability Clause. - If any portion or provision of

this Code is declared unconstitutional or invalid, the other
portions or provisions hereof, which are not affected thereby,
shall continue in full force and effect.

Section 133. Effectivity. - This Code shall take effect fifteen (15)
days after its publication in the Official Gazette or in two (2)
newspapers of general publication.

Approved: February 25, 1998lawphi1™

 Republic of the Philippines
Congress of the Philippines
Metro Manila

Eighth Congress

Republic Act No. 7438 April 27, 1992

AN ACT DEFINING CERTAIN RIGHTS OF PERSON

ARRESTED, DETAINED OR UNDER CUSTODIAL
INVESTIGATION AS WELL AS THE DUTIES OF THE
ARRESTING, DETAINING AND INVESTIGATING OFFICERS,
AND PROVIDING PENALTIES FOR VIOLATIONS THEREOF

Be it enacted by the Senate and House of Representatives of the

Philippines in Congress assembled::
Section 1. Statement of Policy. – It is the policy of the Senate to
value the dignity of every human being and guarantee full respect
for human rights.

Section 2. Rights of Persons Arrested, Detained or Under Custodial

Investigation; Duties of Public Officers.–
(a) Any person arrested detained or under custodial
investigation shall at all times be assisted by counsel.

(b) Any public officer or employee, or anyone acting under

his order or his place, who arrests, detains or investigates any
person for the commission of an offense shall inform the
latter, in a language known to and understood by him, of his
rights to remain silent and to have competent and
independent counsel, preferably of his own choice, who shall
at all times be allowed to confer privately with the person
arrested, detained or under custodial investigation. If such
person cannot afford the services of his own counsel, he must
be provided with a competent and independent counsel by
the investigating officer.lawphi1Ÿ

(c) The custodial investigation report shall be reduced to

writing by the investigating officer, provided that before
such report is signed, or thumbmarked if the person arrested
or detained does not know how to read and write, it shall be
read and adequately explained to him by his counsel or by
the assisting counsel provided by the investigating officer in
the language or dialect known to such arrested or detained
person, otherwise, such investigation report shall be null and
void and of no effect whatsoever.

(d) Any extrajudicial confession made by a person arrested,

detained or under custodial investigation shall be in writing
and signed by such person in the presence of his counsel or
in the latter's absence, upon a valid waiver, and in the
presence of any of the parents, elder brothers and sisters, his
spouse, the municipal mayor, the municipal judge, district
school supervisor, or priest or minister of the gospel as
chosen by him; otherwise, such extrajudicial confession shall
be inadmissible as evidence in any proceeding.

(e) Any waiver by a person arrested or detained under the

provisions of Article 125 of the Revised Penal Code, or under
custodial investigation, shall be in writing and signed by such
person in the presence of his counsel; otherwise the waiver
shall be null and void and of no effect.

(f) Any person arrested or detained or under custodial

investigation shall be allowed visits by or conferences with
any member of his immediate family, or any medical doctor
or priest or religious minister chosen by him or by any
member of his immediate family or by his counsel, or by any
 national non-governmental organization duly accredited by
the Commission on Human Rights of by any international
non-governmental organization duly accredited by the
Office of the President. The person's "immediate family"
shall include his or her spouse, fiancé or fiancée, parent or
child, brother or sister, grandparent or grandchild, uncle or
aunt, nephew or niece, and guardian or ward.

As used in this Act, "custodial investigation" shall include the

practice of issuing an "invitation" to a person who is investigated
in connection with an offense he is suspected to have committed,
without prejudice to the liability of the "inviting" officer for any
violation of law.

Section 3. Assisting Counsel. – Assisting counsel is any lawyer,

except those directly affected by the case, those charged with
conducting preliminary investigation or those charged with the
prosecution of crimes.

The assisting counsel other than the government lawyers shall be

entitled to the following fees;

(a) The amount of One hundred fifty pesos (P150.00) if the

suspected person is chargeable with light
felonies;lawphi1©alf

(b) The amount of Two hundred fifty pesos (P250.00) if the

suspected person is chargeable with less grave or grave
felonies;

(c) The amount of Three hundred fifty pesos (P350.00) if the

suspected person is chargeable with a capital offense.

The fee for the assisting counsel shall be paid by the city or
municipality where the custodial investigation is conducted,
provided that if the municipality of city cannot pay such fee,
 the province comprising such municipality or city shall pay
the fee: Provided, That the Municipal or City Treasurer must
certify that no funds are available to pay the fees of assisting
counsel before the province pays said fees.

In the absence of any lawyer, no custodial investigation shall be

conducted and the suspected person can only be detained by the
investigating officer in accordance with the provisions of Article
125 of the Revised Penal Code.

Section 4. Penalty Clause. – (a) Any arresting public officer or

employee, or any investigating officer, who fails to inform any
person arrested, detained or under custodial investigation of his
right to remain silent and to have competent and independent
counsel preferably of his own choice, shall suffer a fine of Six
thousand pesos (P6,000.00) or a penalty of imprisonment of not
less than eight (8) years but not more than ten (10) years, or both.
The penalty of perpetual absolute disqualification shall also be
imposed upon the investigating officer who has been previously
convicted of a similar offense.

The same penalties shall be imposed upon a public officer or

employee, or anyone acting upon orders of such investigating
officer or in his place, who fails to provide a competent and
independent counsel to a person arrested, detained or under
custodial investigation for the commission of an offense if the
latter cannot afford the services of his own counsel.

(b) Any person who obstructs, prevents or prohibits any

lawyer, any member of the immediate family of a person
arrested, detained or under custodial investigation, or any
medical doctor or priest or religious minister chosen by him
or by any member of his immediate family or by his counsel,
from visiting and conferring privately with him, or from
 examining and treating him, or from ministering to his
spiritual needs, at any hour of the day or, in urgent cases, of
the night shall suffer the penalty of imprisonment of not less
than four (4) years nor more than six (6) years, and a fine of
four thousand pesos (P4,000.00).lawphi1©

The provisions of the above Section notwithstanding, any

security officer with custodial responsibility over any detainee or
prisoner may undertake such reasonable measures as may be
necessary to secure his safety and prevent his escape.

Section 5. Repealing Clause. – Republic Act No. No. 857, as

amended, is hereby repealed. Other laws, presidential decrees,
executive orders or rules and regulations, or parts thereof
inconsistent with the provisions of this Act are repealed or
modified accordingly.

Section 6. Effectivity. – This Act shall take effect fifteen (15) days
following its publication in the Official Gazette or in any daily
newspapers of general circulation in the Philippines.

Approved: April 27, 1992.lawphi1Ÿ

 Congress of the Philippines
Twelfth Congress
First Regular Session

REPUBLIC ACT NO. 9165 June 7, 2002

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.

(c) Centers. - Any of the treatment and rehabilitation centers for

drug dependents referred to 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.

For purposes of this Act, all prescriptions issued by

physicians, dentists, veterinarians or practitioners shall be
written on forms exclusively issued by and obtainable from
the DOH. Such forms shall be made of a special kind of paper
and shall be distributed in such quantities and contain such
information and other data as the DOH may, by rules and
regulations, require. Such forms shall only be issued by the
DOH through its authorized employees to licensed
physicians, dentists, veterinarians and practitioners in such
quantities as the Board may authorize. In emergency cases,
however, as the Board may specify in the public interest, a
prescription need not be accomplished on such forms. The
prescribing physician, dentist, veterinarian or practitioner
shall, within three (3) days after issuing such prescription,
inform the DOH of the same in writing. No prescription once
served by the drugstore or pharmacy be reused nor any
prescription once issued be refilled.

(c) All manufacturers, wholesalers, distributors, importers,

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

ARTICLE IV

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;

 (3) Health, socio-cultural, psychological, legal and economic
dimensions and implications of the drug problem;

(4) Steps to take when intervention on behalf of a drug

dependent is needed, as well as the services available for the
treatment and rehabilitation of drug dependents; and

(5) Misconceptions about the use of dangerous drugs such as,

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

Section 44. Heads, Supervisors, and Teachers of Schools. – For the

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

Any teacher or school employee, who discovers or finds that any

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

Failure to do so in either case, within a reasonable period from

the time of discovery of the violation shall, after due hearing,
constitute sufficient cause for disciplinary action by the school
authorities.

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.

A drug dependent committed under this particular Section who

is finally discharged from confinement shall be exempt from
criminal liability under Section 15 of this Act, without prejudice
to the outcome of any pending case filed in court. On the other
hand, a drug dependent who is not rehabilitated after a second
commitment to the Center shall, upon conviction by the
appropriate court, suffer the same penalties provided for under
Section 15 of this Act again without prejudice to the outcome of
any pending case filed in court.

Section 64. Confidentiality of Records Under the Compulsory

Submission Program. – The records of a drug dependent who was
rehabilitated and discharged from the Center under the
compulsory submission program, or who was charged for
violation of Section 15 of this Act, shall be covered by Section 60
of this Act. However, the records of a drug dependent who was
not rehabilitated, or who escaped but did not surrender
himself/herself within the prescribed period, shall be forwarded
to the court and their use shall be determined by the court, taking
into consideration public interest and the welfare of the drug
dependent.

Section 65. Duty of the Prosecutor in the Proceedings. – It shall

be the duty of the provincial or the city prosecutor or their
assistants or state prosecutors to prepare the appropriate petition
in all proceedings arising from this Act.

Section 66. Suspension of Sentence of a First-Time Minor

Offender. – An accused who is over fifteen (15) years of age at the
time of the commission of the offense mentioned in Section 11 of
this Act, but not more than eighteen (18) years of age at the time
when judgment should have been promulgated after having been
found guilty of said offense, may be given the benefits of a
suspended sentence, subject to the following conditions:

(a) He/she has not been previously convicted of violating any

provision of this Act, or of the Dangerous Drugs Act of 1972,
 as amended; or of the Revised Penal Code; or of any special
penal laws;

(b) He/she has not been previously committed to a Center or

to the care of a DOH-accredited physician; and

(c) The Board favorably recommends that his/her sentence

be suspended.

While under suspended sentence, he/she shall be under the

supervision and rehabilitative surveillance of the Board, under
such conditions that the court may impose for a period ranging
from six (6) months to eighteen (18) months.

Upon recommendation of the Board, the court may commit the

accused under suspended sentence to a Center, or to the care of a
DOH-accredited physician for at least six (6) months, with after-
care and follow-up program for not more than eighteen (18)
months.

In the case of minors under fifteen (15) years of age at the time of
the commission of any offense penalized under this Act, Article
192 of Presidential Decree No. 603, otherwise known as the Child
and Youth Welfare Code, as amended by Presidential Decree No.
1179 shall apply, without prejudice to the application of the
provisions of this Section.

Section 67. Discharge After Compliance with Conditions of

Suspended Sentence of a First-Time Minor Offender. – If the
accused first time minor offender under suspended sentence
complies with the applicable rules and regulations of the Board,
including confinement in a Center, the court, upon a favorable
recommendation of the Board for the final discharge of the
accused, shall discharge the accused and dismiss all proceedings.
Upon the dismissal of the proceedings against the accused, the
court shall enter an order to expunge all official records, other
than the confidential record to be retained by the DOJ relating to
the case. Such an order, which shall be kept confidential, shall
restore the accused to his/her status prior to the case. He/she shall
not be held thereafter to be guilty of perjury or of concealment
or misrepresentation by reason of his/her failure to acknowledge
the case or recite any fact related thereto in response to any
inquiry made of him for any purpose.

Section 68. Privilege of Suspended Sentence to be Availed of Only

Once by a First-Time Minor Offender. – The privilege of
suspended sentence shall be availed of only once by an accused
drug dependent who is a first-time offender over fifteen (15)
years of age at the time of the commission of the violation of
Section 15 of this Act but not more than eighteen (18) years of
age at the time when judgment should have been promulgated.

Section 69. Promulgation of Sentence for First-Time Minor

Offender. – If the accused first-time minor offender violates any
of the conditions of his/her suspended sentence, the applicable
rules and regulations of the Board exercising supervision and
rehabilitative surveillance over him, including the rules and
regulations of the Center should confinement be required, the
court shall pronounce judgment of conviction and he/she shall
serve sentence as any other convicted person.

Section 70. Probation or Community Service for a First-Time

Minor Offender in Lieu of Imprisonment. – Upon promulgation
of the sentence, the court may, in its discretion, place the accused
under probation, even if the sentence provided under this Act is
higher than that provided under existing law on probation, or
impose community service in lieu of imprisonment. In case of
probation, the supervision and rehabilitative surveillance shall be
undertaken by the Board through the DOH in coordination with
the Board of Pardons and Parole and the Probation
Administration. Upon compliance with the conditions of the
probation, the Board shall submit a written report to the court
recommending termination of probation and a final discharge of
the probationer, whereupon the court shall issue such an order.

The community service shall be complied with under conditions,

time and place as may be determined by the court in its discretion
and upon the recommendation of the Board and shall apply only
to violators of 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.

Approved,
 (Sgd) (Sgd)
FRANKLIN M. JOSE DE VENECIA,
DRILON JR.
President of the Speaker of the House
Senate of Representatives

This Act which is a consolidation of Senate Bill No. 1858 and

House Bill No. 4433 was finally passed by the Senate and the
House of Representatives on May 30, 2002 and May 29, 2002,
respectively.

(Sgd) (Sgd)
OSCAR G. YABES ROBERTO P.
Secretary of the Senate NAZARENO
Secretary General
House of
Representatives

Approved: January 23,

2002

(Sgd)
GLORIA
MACAPAGAL-
ARROYO
President of the
Philippines

ANNEX 1988 UNITED NATIONS

CONVENTION AGAINST
ILLICIT TRAFFIC IN THE EXISTENCE OF SUCH
NARCOTIC DRUGS AND SALTS IS POSSIBLE.
PSYCHOTROPIC
LIST OF SUBSTANCES IN
SUBSTANCES
TABLE II
LIST OF SUBSTANCES IN
1. ACETONE
TABLE I
2. ANTHRANILIC ACID
1. ACETIC ANHYDRIDE 3. ETHYL ETHER
2. N- 4. HYDROCHLORIC
ACETYLANTHRANILIC ACID
ACID 5. METHYL ETHYL
3. EPHEDRINE KETONE
4. ERGOMETRINE 6. PHENYLACETIC
5. ERGOTAMINE ACID
6. ISOSAFROLE 7. PIPERIDINE
7. LYSERGIC ACID 8. SULPHURIC ACID
8. 3, 4- 9. TOLUENE
METHYLENEDIOXYPH
THE SALTS OF THE
ENYL-2 PROPANONE
SUBSTANCES LISTED IN
9. NOREPHEDRINE
THIS TABLE WHENEVER
10. 1-PHENYL-2-
THE EXISTENCE OF SUCH
PROPANONE
SALTS IS POSSIBLE (THE
11. PIPERONAL
SALTS OF HYDROCHLORIC
12. POTASSIUM
ACID AND SULPHURIC
PERMANGANATE
ACID ARE SPECIFICALLY
13.
EXCLUDED)
PSEUDOEPHEDRINE
14. SAFROLE 1961 UNITED NATIONS
SINGLE CONVENTION ON
THE SALTS OF THE
NARCOTIC DRUGS AS
SUBSTANCES LISTED IN
AMENDED BY THE 1972
THIS TABLE WHENEVER
PROTOCOL
LIST OF DRUGS INCLUDED 25. Cocaine
IN SCHEDULE I 26. Codoxime
27. Concentrate of poppy
1. Acetorphine
straw
2. Acetyl-alpha-
28. Desomorphine
methylfentanyl
29. Dextromoramide
3. Acetylmethadol
30. Diampromide
4. Alfentanil
31. Diethylthiambutene
5. Allylprodine
32. Difenoxin
6. Alphacetylmethadol
33. Dihydroetorphine
7. Alphameprodine
34. Dihydromorphine
8. Alphamethadol
35. Dihydromorphine*
9. Alpha-methylfentanyl
36. Dimenoxadol
10. Alpha-
37. Dimepheptanol
methylthiofentanyl
38.
11. Alphaprodine
Dimethylthiambutene
12. Anileridine
39. Dioxaphetyl butyrate
13. Benzethidine
40. Diphenoxylate
14. Benzylmorphine
41. Dipipanone
15. Betacetylmethadol
42. Drotebanol
16. Beta-hydroxyfentanyl
43. Ecgonine
17. Beta-hydroxy-3-
44.
methylfentanyl
Ethylmethylthiambutene
18. Betameprodine
45. Etonitazene
19. Betamethadol
46. Etorphine
20. Betaprodine
47. Etoxeridine
21. Bezitramide
48. Fentanyl
22. Cannabis and
49. Furethidine
Cannabis resin and
50. Heroin
extracts and tinctures of
51. Hydrocodone
cannabis
52. Hydromorphinol
23. Clonitazene
53. Hydromorphone
24. Coca leaf
54. Hydroxypethidine 81. Norpipanone
55. Isomethadone 82. Opium
56. Ketobemidone 83. Oxycodone
57. Levomethorphan 84. Oxymorphone
58. Levomoramide 85. Para-fluorofentanyl
59. 86. PEPAP
Levophenacylmorphan 87. Pethidine
60. Levorphanol 88. Pethidine
61. Metazocine intermediate A
62. Methadone 89. Pethidine
63. Methadone intermediate B
Intermediate 90. Pethidine
64. Methyldesorphine intermediate C
65. 91. Phenadoxone
Methyldihydromorphine 92. Phenampromide
66. 3-methylfentanyl 93. Phenazocine
67. 3-methylthiofentanyl 94. Phenomorphan
68. Metopon 95. Phenoperidine
69. Moramide 96. Piminodine
intermediate 97. Piritramide
70. Morpheridine 98. Proheptazine
71. Morphine 99. Properidine
72. Morphine 100. Racemethorphan
methobromide 101. Racemoramide
73. Morphine-N-oxide 102. Racemorphan
74. MPPP 103. Remifentanil
75. Myrophine 104. Sufentanil
76. Nicomorphine 105. Thebacon
77. Noracymethadol 106. Thebaine
78. Norlevorphanol 107. Thiofentanyl
79. Normethadone 108. Tilidine
80. Normorphine 109. Trimeperidine
-----
* Dextromethorphan (+)-3-
methoxy-N-
methylmorphinan and
dextrorphan (+)-3-hydroxy-
N-methylmorphinan are
isomers specifically excluded
from this Schedule.
AND the isomers, unless
specifically excepted, of the
drugs in this Schedule
whenever the existence of
such isomers is possible within
the specific chemical
designation;
The esters and ethers, unless
appearing in another
Schedule, of the drugs in this
Schedule whenever the
existence of such esters or
ethers is possible;
The salts of the drugs listed in
this Schedule, including the
salts of esters, ethers and
isomers as provided above
LIST OF DRUGS INCLUDED IN SCHEDULE III
whenever the existence of
such salts is possible.
LIST OF DRUGS INCLUDED
IN SCHEDULE II
1. Acetyldihydrocodeine
2. Codeine
3. Dextropropoxyphene
4. Dihydrocodeine
5. Ethylmorphine
6. Nicocodine
7. Nicodicodine
8. Norcodeine
9. Pholcodine
10. Propiram
And the isomers, unless
specifically excepted, of the
drugs in this Schedule
whenever the existence of
such isomers is possible within
the specific chemical
designation.
The salts of the drugs listed in
this Schedule, including the
salts of the isomers as provided
above whenever the existence
of such salts is possible.
1. Acetyldihydrocodeine,
Preparations Codeine,
of : Dihydrocodeine,
Ethylmorphine,
Nicocodine,
Nicodicodine,
Norcodeine and
Pholcodine
When compounded with one or
more other ingredients and
containing not more than
milligrams of the drug per dosage
unit and with a concentration of
not more than 2.5 per cent in
undivided preparations.
2. Propiram containing not more than
Preparations 100 milligrams of propiram per
of : dosage unit and compounded with
at least the same amount of
Methylcellulose.
3. Dextropropoxyphene for oral use
Preparations containing not more than 135
of : milligrams of dextropropoxyphene
base per dosage unit or with a
concentration of not more than 2.5
per cent in undivided preparations,
provided that such preparations do
not contain any substance
controlled under the Convention
on Psychotropic Substances of
1971.
4. Cocaine containing not more than
Preparations 0.1 per cent of cocaine calculated as
of : cocaine base; and

Preparations Opium or morphine containing not

of: more than 0.2 per cent of morphine
calculated as anhydrous morphine
base and compounded with one or
more other ingredients and in such
a way that the drug cannot be
recovered by readily applicable
means or in a yield that would
constitute a risk to public health.
5. Difenoxin containing, per dosage
Preparations unit, not more than 0.5 milligrams
of : of difenoxin and a quantity of
atropine sulfate equivalent to at
least 5 per cent of the dose of
difenoxin.
6. Diphenoxylate containing per
Preparations dosage unit, not more than 2.5
of : milligrams diphenoxylate
calculated as base and a quantity of
atropine sulfate equivalent to at
least 1 per cent of the dose of
diphenoxylate.
7. Pulvis ipecacuanhae et opii
Preparations compositus
of :
10 per cent opium in powder
10 per cent ipecacuanha root,
in powder well mixed with
 80 per cent of any other
powdered ingredient
containing no drug.
8. Preparations conforming to any of the
formulas listed in this Schedule and mixtures
such preparations with any material which
contains no drug.

LIST OF DRUGS INCLUDED 16. PEPAP

IN SCHEDULE IV 17. Thiofentanyl

1. Acetorphine AND the salts of the drugs

2. Acetyl-alpha- listed in this Schedule
methylfentanyl whenever the formation of
3. Alpha-methylfentanyl such salts is possible
4. Alpha-
1971 UNITED NATIONS
methylthiofentanyl
SINGLE CONVENTION ON
5. Beta-hydroxy-3-
PSYCHOTROPIC
methylfentanyl
SUBSTANCES
6. Beta-hydroxyfentanyl
7. Cannabis and Cannabis
resin
8. Desomorphine
9. Etorphine
10. Heroin
11. Ketobemidone
12. 3-methylfentanyl
13. 3-methylthiofentanyl
14. MPPP
15. Para-fluorofentanyl
LIST OF SUBSTANCES IN SCHEDULE I

BROLAMFETAMINE (±)-4-Bromo-2,5-dimethoxy-a-
(DOB) methylphenethylamine
Dimethoxybromoamphetamin
e
CATHINONE (-)-(S)-2-
Aminopropiophenone
DET 3-[2-
(Diethylamino)ethyl)indole)
DMA (±)-2,5-DIMETHOXY-a-
methylphenethylamine

2,5 Dimethoxyamphetamine
DMPH 3-(1,2-Dimethylhepty)-7,8,9,-
10-tetrahydro-6,6,9-trimethyl-
6H-dibenzo[b,d]pyran-1-ol
DMT 3-[2-
(Dimethylamino)ethyl]indole
DOET (±)-4-Ethyl-2,5-dimethoxy-a-
phorethylamine

2,5-Dimethoxy-4-
ethylamphetamine
ETICYCLIDINE (PCE) N-Ethyl-1-
phenylcyclohexylamine
ETRYPAMINE 3-(2-Aminobutyl)indole
(+)-LYSERGIDE (LSD, 9,10-Didehydro-N,N-diethyl-
LSD-25) 6-methylergoline-8b-
carboxamide
MDA (+)-N, a-Dimethyl-3,4-
(methylene-
dioxy)phenethylamine

3,4-
Methylenedioxymethampheta
mine
MESCALINE 3,4,5-
Trimethoxyphenethylamine
METHCATHINONE 2-(Methylamino)-1-
phenylpropan-1-one
4-METHYLAMINOREX (+)-cis-2-Amino-4-methyl-5-
phenyl-2-oxazoline
MMDA 2-Methoxy-a-methyl-4,5-
(methylenedioxy)phenethyla
mine

5-Methoxy-3,4-
methylenedioxyamphetamine
N-ETHYL MDA (+)-N-Ethyl-a-methyl-
3,4(methylenedioxy)phenethyl
amine

3-4-Methylenedioxy-N-
ethylamphetamine
N-HYDROXY MDA (+)-N-[a-Methyl-3,4-
(methylenedioxy)phenethyl]-
hydroxylamine
PARAHEXYL 3-Hexyl-7,8,9,10-tetrahydro-
6,6,-9-trimethyl-6H-
dibenzo[b,d]pyran-1-ol
PMA p-Methoxy-a-
methylphenethylamine

Paramethoxyamphetamine
PSILOCINE, PSILOTSIN 3-[2-
(Dimethylamino)ethyl]indol-
4-ol
PSILOCYBINE 3-[2-
(Dimethylamino)ethyl]indol-
4-yl

dihydrogen phosphate
ROLICYCLIDINE (PHP, 1-(1-
PCPY) Phenylcyclohexyl)pyrrolidine
STP, DOM 2,5-Dimethoxy-a,4-
dimethylphenethylamine
TENAMFETAMINE a-Methyl-3,4-
(MDA) (methylenedioxy)phenethyla
mine

Methylenedioxyamphetamine
TENOCYCLIDINE (TCP) 1-[1-(2-
Thienyl)cyclohexyl]piperridin
e
TETRAHYDROCANNAB - the following isomers and
INOL their stereochemical variants:

7,8,9,10-Tetrahydro-
6,6,9-trimethyl-3-
pentyl-6H-
dibenzo[b,d]pyran-1-
ol

(9R,10aR)-8,9,10,10a-
Tetrahydro-6,6,9-
trimethyl-3-pentyl-
6H-
dibenzo[b,d]pyran-1-
ol

(6aR,9R,10aR)-
6a,9,10,10a-
Tetrahydro-6,6,9-
trimethyl-3-pentyl-
6H-
dibenzo[b,d]pyran-1-
ol

(6aR,10aR)-
6a,7,10,10a-
Tetrahydro-6,6,9-
trimethyl-3-pentyl-
6H-
dibenzo[b,d]pyran-1-
ol

(6a,7,8,9-Tetrahydro-
6,6,9-trimethyl-3-
 pentyl-6H-
dibenzo[b,d]pyran-1-
ol

(6aR,10aR)-
6a,7,8,9,10,10a-
Hexahydro-
6,6,dimethyl-9-
methylene-3-pentyl-
6H-
Dibenzo[b,d]pyran-1-
ol
TMA (±)-3,4,5-Trimethoxy-a –
methylphenethylamine

3,4,5-
Trimethoxyamphetamine

4-MIA-(a-methyl-4-
methylthiophenethylamine)

The stereoisomers, unless specifically excepted, of substances in

this Schedule, whenever the existence of such stereou\isomers is
possible within the specific chemical designation.

LIST OF SUBSTANCES (LEVAMPHETAMINE)

IN SCHEDULE II 5.
LEVOMETHAMPHETA
1. AMFETAMINE
MINE
(AMPHETAMINE)
6. MECLOQUALONE
2. DEXAMFETAMINE
7. METAMFETAMINE
(DEXAMPHETAMINE)
(METHAMPHETAMINE
3. FENETYLLINE
)
4. LEVAMFETAMINE
8.
 METHAMPHETAMINE 1. ALLOBARBITAL
RACEMATE 2. ALPRAZOLAM
9. METHAQUALONE 3. AMFEPRAMONE
10. 4. AMINOREX
METHYLPHENIDATE 5. BARBITAL
11. PHENCYCLIDINE 6.
(PCP) BENZFETAMINE(benzph
12. PHENMETRAZINE etamine)
13. SECOBARBITAL 7. BROMAZEPAM
14. DRONABINOL 8. Butobarbital
(delta-9-tetrahydro- 9. BROTIZOLAM
cannabinol and its 10. CAMAZEPAM
stereochemical variants) 11.
15. ZIPEPROL CHLORDIAZEPOXIDE
16. 2C-B(4-bromo-2,5- 12. CLOBAZAM
dimethoxyphenethylami 13. CLONAZEPAM
ne) 14. CLORAZEPATE
15. CLOTIAZEPAM
LIST OF SUBSTANCES IN
16. CLOXAZOLAM
SCHEDULE III
17. DELORAZEPAM
1. AMOBARBITAL 18. DIAZEPAM
2. BUPRENORPHINE 19. ESTAZOLAM
3. BUTALBITAL 20. ETHCHLORVYNOL
4. CATHINE (+)- 21. ETHINAMATE
norpseudo-ephedrine 22. ETHYL
5. CYCLOBARBITAL LOFLAZEPATE
6. FLUNITRAZEPAM 23.
7. GLUTETHIMIDE ETILAMFETAMINE(N-
8. PENTAZOCINE ethylampetamine)
9. PENTOBARBITAL 24. FENCAMFAMIN
25. FENPROPOREX
Substances in Schedule IV
26. FLUDIAZEPAM
27. FLURAZEPAM 45. NORDAZEPAM
28. HALAZEPAM 46. OXAZEPAM
29. HALOXAZOLAM 47. OXAZOLAM
30. KETAZOLAM 48. PEMOLINE
31. LEFETAMINE(SPA) 49. PHENDIMETRAZINE
32. LOPRAZOLAM 50. PHENOBARBITAL
33. LORAZEPAM 51. PHENTERMINE
34. LORMETAZEPAM 52. PINAZEPAM
35. MAZINDOL 53. PIPRADROL
36. MEDAZEPAM 54. PRAZEPAM
37. MEFENOREX 55. PYROVALERONE
38. MEPROBAMATE 56. SECBUTABARBITAL
39. MESOCARB 57. TEMAZEPAM
40. 58. TETRAZEPAM
METHYLPHENOBARBI 59. TRIAZOLAM
TAL 60. VINYLBITAL GHB
41. METHYPRYLON (Gamma-Hydroxyburic
42. MIDAZOLAM acid)
43. NIMETAZEPAM 61. Zolpidem
44. NITRAZEPAM
RA 9165

Buy-bust Operation (Sec 5)

...

We therefore stress that the "objective" test in buy-bust

operations demands that the details of the purported transaction
must be clearly and adequately shown. This must start from the
initial contact between the poseur-buyer and the pusher, the
offer to purchase, the promise or payment of the consideration
until the consummation of the sale by the delivery of the illegal
drug subject of the sale. The manner by which the initial contact
was made, whether or not through an informant, the offer to
purchase the drug, the payment of the "buy-bust" money, and the
delivery of the illegal drug, whether to the informant alone or the
police officer, must be the subject of strict scrutiny by courts to
insure that law-abiding citizens are not unlawfully induced to
commit an offense. Criminals must be caught but not at all cost.
At the same time, however, examining the conduct of the police
should not disable courts into ignoring the accused’s
predisposition to commit the crime. If there is overwhelming
evidence of habitual delinquency, recidivism or plain criminal
proclivity, then this must also be considered. Courts should look
at all factors to determine the predisposition of an accused to
commit an offense in so far as they are relevant to determine the
validity of the defense of inducement. (People vs De Guzman,
G.R. No. 151205)

Elements (Sec 5)
The elements necessary for the prosecution of illegal sale of drugs
are (1) the identity of the buyer and the seller, the object, and
consideration; and (2) the delivery of the thing sold and the
payment therefor. What is material to the prosecution for illegal
sale of dangerous drugs is the proof that the transaction or sale
actually took place, coupled with the presentation in court of
evidence of corpus delicti. (People vs Del Monte, G.R. No.
179940)

Elements (Sec 11)

The elements necessary for the prosecution of illegal possession

of dangerous drugs are: (1) the accused is in possession of an item
or object which is identified to be a prohibited drug; (2) such
possession is not authorized by law; and (3) the accused freely and
consciously possessed the said drug.[19] Elucidating on the nature
of this offense, the Court in People v. Tira wrote: x x x This crime
is mala prohibita, and, as such, criminal intent is not an essential
element. However, the prosecution must prove that the accused
had the intent to possess (animus posidendi) the
drugs. Possession, under the law, includes not only actual
possession, but also constructive possession. Actual possession
exists when the drug is in the immediate physical possession or
control of the accused. On the other hand, constructive
possession exists when the drug is under the dominion and
control of the accused or when he has the right to exercise
dominion and control over the place where it is found. Exclusive
possession or control is not necessary. The accused cannot avoid
conviction if his right to exercise control and dominion over the
place where the contraband is located, is shared with another.
(People vs Gutierrez, G.R. No. 177777)

Actual vs. Constructive Possession

Possession, under the law, includes not only actual possession,

but also constructive possession. Actual possession exists when
the drug is in the immediate physical possession or control of the
accused. On the other hand, constructive possession exits when
the drug is under the dominion and control of the accused or
when he has the right to exercise dominion and control over the
place where it is found. Exclusive possession or control is not
necessary. The accused cannot avoid conviction if his right to
exercise control and dominion over the place where the
contraband is located, is shared with another. (People vs Huang
Zhen Hua, G.R. No. 139301)

Intent to possess

Thus, conviction need not be predicated upon exclusive

possession, and a showing of non-exclusive possession would not
exonerate the accused. Such fact of possession may be proved by
direct or circumstantial evidence and any reasonable inference
drawn therefrom. However, the prosecution must prove that the
accused had knowledge of the existence and presence of the drug
in the place under his control and dominion and the character of
the drug. Since knowledge by the accused of the existence and
character of the drugs in the place where he exercises dominion
and control is an internal act, the same may be presumed from
the fact that the dangerous drug is in the house or place over
which the accused has control or dominion, or within such
premises in the absence of any satisfactory explanation. (People
vs Huang Zhen Hua, G.R. No. 139301)

Presumption of intent to possess

In the case at bar, appellant was caught in actual possession of a

prohibited drug which he could not show was duly authorized by
law. Having been caught in flagrante delicto, there is a prima
facie evidence of animus possidendi on appellant’s part. As held
by this Court in U.S. v. Bandoc, the finding of a dangerous drug
in the house or within the premises of the house of the accused is
prima facie evidence of knowledge or animus possidendi and is
enough to convict in the absence of a satisfactory explanation.
(People vs Danila Cruz, G.R. No 185381)

Bondad vs. People (Sec 21)

IN FINE, as the failure to comply with the aforesaid requirements

of the law compromised the identity of the items seized, which is
the corpus delicti of each of the crimes charged against appellant,
his acquittal is in order. (Bondad vs People, G.R. No 173804)

Preservation of Integrity of Seized Items

It is very clear from the language of the law that there are
exceptions to the requirements. Therefore, contrary to appellant’s
assertions, Sec. 21 need not be followed with pedantic rigor. It
has been settled that non-compliance with Sec. 21 does not
render an accused’s arrest illegal or the items seized/confiscated
from the accused inadmissible. What is essential is "the
preservation of the integrity and the evidentiary value of the
seized items, as the same would be utilized in the determination
of the guilt or innocence of the accused." (Danilo Cruz case)
* Follow Sec 21 to preserve the integrity of the items

Chain of Custody

As held by the Court in Malillin v. People, the testimonies of all

persons who handled the specimen are important to establish the
chain of custody. Thus, the prosecution offered the testimony of
PO3 Arago, the police officer who first handled the dangerous
drug. The testimony of P/SInsp. Fermindoza, who conducted the
examination on the dangerous drug, was, however, dispensed
with after the public prosecutor and the defense counsel
stipulated that the specimens submitted tested positive for
methamphetamine hydrochloride and that the said specimens
were regularly examined by the said witness. (Danilo Cruz case)

People vs Marcelino

Here, the chain of custody was established through the following

links: (1) SPO1 Dela Cruz marked the seized sachet with "MDC-
1" for the sachet that was the subject of the buy-bust, and "MDC-
2" for the sachet found on accused-appellant’s person; (2) a
request for laboratory examination of the seized items "MDC-1"
and "MDC-2" was signed by Police Senior Inspector Arthur Felix
Asis; (3) the request and the marked items seized were received
by the Bulacan Provincial Crime Laboratory; (4) Chemistry
Report No. D-628-02 confirmed that the marked items seized
from accused-appellant were shabu; and (5) the marked items
were offered in evidence as Exhibits "C-1" and "C-2." (People vs
Marcelino, G.R. No 189278)

SJS vs Dangerous Drug Board & PDEA

SEC. 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 the test results. x x x 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 drug used and the confirmatory test which will
confirm a positive screening test. x x x The following shall be
subjected to undergo drug testing:
xxxx

(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 x
x x;

(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, x
x x 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;
xxxx

(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 undergo a
mandatory drug test;

(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. (SJS vs Dangerous Drug
Board & PDEA, G.R. No 157870)

*SJS questioned the constitutionality C-G of Sec 36

Students – Constitutional

Guided by Vernonia and Board of Education, the Court is of the

view and so holds that the provisions of RA 9165 requiring
mandatory, random, and suspicionless drug testing of students are
constitutional. Indeed, it is within the prerogative of educational
institutions to require, as a condition for admission, compliance
with reasonable school rules and regulations and policies. To be
sure, the right to enroll is not absolute; it is subject to fair,
reasonable, and equitable requirements.

The Court can take judicial notice of the proliferation of

prohibited drugs in the country that threatens the well-being of
the people, particularly the youth and school children who
usually end up as victims. Accordingly, and until a more effective
method is conceptualized and put in motion, a random drug
testing of students in secondary and tertiary schools is not only
acceptable but may even be necessary if the safety and interest of
the student population, doubtless a legitimate concern of the
government, are to be promoted and protected. To borrow
from Vernonia, “[d]eterring drug use by our Nation’s
schoolchildren is as important as enhancing efficient
enforcement of the Nation’s laws against the importation of
drugs”; the necessity for the State to act is magnified by the fact
that the effects of a drug-infested school are visited not just upon
the users, but upon the entire student body and faculty. Needless
to stress, the random testing scheme provided under the law
argues against the idea that the testing aims to incriminate
unsuspecting individual students. (SJS case)

Employees in the Private Sector – Constitutional

Taking into account the foregoing factors, i.e., the reduced

expectation of privacy on the part of the employees, the
compelling state concern likely to be met by the search, and the
well-defined limits set forth in the law to properly guide
authorities in the conduct of the random testing, we hold that the
challenged drug test requirement is, under the limited context of
the case, reasonable and, ergo, constitutional. (SJS case)

Government official & Employees – Constitutional

Like their counterparts in the private sector, government officials

and employees also labor under reasonable supervision and
restrictions imposed by the Civil Service law and other laws on
public officers, all enacted to promote a high standard of ethics in
the public service. And if RA 9165 passes the norm of
reasonableness for private employees, the more reason that it
should pass the test for civil servants, who, by constitutional
command, are required to be accountable at all times to the
people and to serve them with utmost responsibility and
efficiency. (SJS case)

Persons Charged (6 years & 1 day) – Unconstitutional

To impose mandatory drug testing on the accused is a blatant

attempt to harness a medical test as a tool for criminal
prosecution, contrary to the stated objectives of RA 9165. Drug
testing in this case would violate a persons’ right to privacy
guaranteed under Sec. 2, Art. III of the Constitution. Worse still,
the accused persons are veritably forced to incriminate
themselves. (SJS case)

Candidates for Public Office – amendment to the Constitution

(unconstitutional)
Viewed, therefore, in its proper context, Sec. 36(g) of RA 9165
and the implementing COMELEC Resolution add another
qualification layer to what the 1987 Constitution, at the
minimum, requires for membership in the Senate. Whether or
not the drug-free bar set up under the challenged provision is to
be hurdled before or after election is really of no moment, as
getting elected would be of little value if one cannot assume office
for non-compliance with the drug-testing requirement.

It may of course be argued, in defense of the validity of Sec. 36(g)

of RA 9165, that the provision does not expressly state that non-
compliance with the drug test imposition is a disqualifying factor
or would work to nullify a certificate of candidacy. This argument
may be accorded plausibility if the drug test requirement is
optional. But the particular section of the law, without exception,
made drug-testing on those covered mandatory, necessarily
suggesting that the obstinate ones shall have to suffer the adverse
consequences for not adhering to the statutory command. And
since the provision deals with candidates for public office, it
stands to reason that the adverse consequence adverted to can
only refer to and revolve around the election and the assumption
of public office of the candidates. Any other construal would
reduce the mandatory nature of Sec. 36(g) of RA 9165 into a pure
jargon without meaning and effect whatsoever. (SJS case)

RA 9262
Conspiracy (in-laws) *offender – ANY person, not limited to the
man/husband

With more reason, therefore, the principle of conspiracy under

Article 8 of the RPC may be applied suppletorily to R.A. No. 9262
because of the express provision of Section 47 that the RPC shall
be supplementary to said law. Thus, general provisions of the
RPC, which by their nature, are necessarily applicable, may be
applied suppletorily.

Thus, the principle of conspiracy may be applied to R.A. No.

9262. For once conspiracy or action in concert to achieve a
criminal design is shown, the act of one is the act of all the
conspirators, and the precise extent or modality of participation
of each of them becomes secondary, since all the conspirators are
principals. (Tan vs Tan, G.R. No 168852)

Harassment (Elements)

The above provisions, taken together, indicate that the elements

of the crime of violence against women through harassment are:
1. The offender has or had a sexual or dating relationship with
the offended woman;
2. The offender, by himself or through another, commits an
act or series of acts of harassment against the woman; and
3. The harassment alarms or causes substantial emotional or
psychological distress to her. (Ang vs CA, G.R. No 182835)

Dating and Sexual Relations

Clearly, the law itself distinguishes a sexual relationship from a
dating relationship. Indeed, Section 3(e) above defines “dating
relationship” while Section 3(f) defines “sexual relations.” The
latter “refers to a single sexual act which may or may not result
in the bearing of a common child.” The dating relationship that
the law contemplates can, therefore, exist even without a sexual
intercourse taking place between those involved. (Ang case)

Away-bati Relationship

Rustan also claims that since the relationship between Irish and
him was of the “on-and-off” variety (away-bati), their romance
cannot be regarded as having developed “over time and on a
continuing basis.” But the two of them were romantically
involved, as Rustan himself admits, from October to December of
2003. That would be time enough for nurturing a relationship of
mutual trust and love.

An “away-bati” or a fight-and-kiss thing between two lovers is a

common occurrence. Their taking place does not mean that the
romantic relation between the two should be deemed broken up
during periods of misunderstanding. Explaining what “away-
bati” meant, Irish explained that at times, when she could not
reply to Rustan’s messages, he would get angry at her. That was
all. Indeed, she characterized their three-month romantic
relation as continuous.
RA 7610

Olivares vs CA, G.R. No 163866

The elements of sexual abuse under Section 5, Article III of R.A.

7610 are as follows:

1. The accused commits the act of sexual intercourse

or lascivious conduct.
2. The said act is performed with a child exploited in
prostitution or subjected to other sexual abuse.
3. The child, whether male or female, is below 18 years of age.

Sec 32, Art III, of the IRR of RA 7610 defines lascivious conduct
as:

[T]he intentional touching, either directly or through clothing,

of the genitalia, anus, groin, breast, inner thigh, or buttocks, or
the introduction of any object into the genitalia, anus or mouth,
of any person, whether of the same or opposite sex, with an intent
to abuse, humiliate, harass, degrade, or arouse or gratify the
sexual desire of any person, bestiality, masturbation, lascivious
exhibition of the genitals or pubic area of a person.

Child subjected to other Sexual Abuse

Furthermore, it is inconsequential that the sexual abuse occurred

only once.

Not limited to Prostitution

As expressly provided in Section 3 (b) of R.A. 7610, the abuse may
be habitual or not. It must be observed that Article III of R.A.
7610 is captioned as “Child Prostitution and Other Sexual Abuse”
because Congress really intended to cover a situation where the
minor may have been coerced or intimidated into lascivious
conduct, not necessarily for money or profit. The law covers not
only child prostitution but also other forms of sexual abuse.

Amployo vs People, G.R. No 157718

Thus, pursuant to the foregoing provision, before an accused can

be convicted of child abuse through lascivious conduct on a
minor below 12 years of age, the requisites for acts of
lasciviousness under Article 336 of the RPC must be met in
addition to the requisites for sexual abuse under Section 5 of Rep.
Act No. 7610.

*Elements of acts of lasciviousness in RA 77610 and Art 336 of

RPC – prove both sets of elements

People vs Olayon, G.R. No 171863

Consensual sexual intercourse or even acts of lasciviousness with

a minor who is 12 years old or older could constitute a violation
of Section 5(b) of R.A. No. 7610. For Section 5(b) punishes sexual
intercourse or lascivious conduct not only with a child exploited
in prostitution but also with a child subjected to other sexual
abuse.
*Sec 5(b) may even cover a case of consensual sexual intercourse

Section 2(g) of the Rules and Regulations on the Reporting and

Investigation of Child Abuse Cases, promulgated to implement
R.A. No. 7610, defines "sexual abuse" as including "the
employment, use, persuasion, inducement, enticement or
coercion of a child to engage in, or assist another person to engage
in, sexual intercourse or lascivious conduct or the molestation,
prostitution, or incest with children."

Olayon case

For consensual sexual intercourse or lascivious conduct with a

minor, who is not exploited in prostitution, to thus fall within the
purview of Section 5(b) of R.A. No. 7610, "persuasion,
inducement, enticement or coercion" of the child must be
present.

Sec 10(a) vs Sec 5(b)

As Section 10 refers to acts of child abuse prejudicial to the child's

development other than child prostitution and other sexual abuse
under Section 5, attempt to commit child prostitution, child
trafficking, attempt to commit child trafficking, and obscene
publications and indecent shows, the Court of Appeals did not
commit grave abuse of discretion in holding that "x x x `sexual
abuse' [as defined under Section 5] x x x is a completely distinct
and separate offense from `child abuse' [as defined under Section
10]."
De Ocampo vs Secretary of Justice, G.R. No 147932

Petitioner’s single act of allegedly banging the heads of her

students had two distinct victims, namely Ronald and Lorendo.
Therefore, petitioner has to face prosecution for cruelty to each
victim. For Ronald’s death, petitioner is being charged with
homicide under Article 249 of the Revised Penal Code in relation
to Section 10(a), Article VI of RA 7610 punishable by reclusion
perpetua. However, this does not mean that petitioner is being
charged with the distinct offenses of homicide and child abuse for
Ronald’s death. On the other hand, for her cruelty to Lorendo,
petitioner is being charged with violation of Section 10(a), Article
VI of RA 7610 punishable by prision mayor in its minimum
period.

De Guzman vs Perez, G.R. No 156013

The law expressly penalizes any person who commits other acts
of neglect, child abuse, cruelty or exploitation or be responsible
for other conditions prejudicial to the child’s development
including those covered by Article 59 of PD 603 "but not covered
by the Revised Penal Code."
The "neglect of child" punished under Article 59(4) of PD 603 is
also a crime (known as "indifference of parents") penalized under
the second paragraph of Article 277 of the Revised Penal Code.
Hence, it is excluded from the coverage of RA 7610.
REPUBLIC ACT No. 7877

AN ACT DECLARING SEXUAL HARASSMENT UNLAWFUL IN

THE EMPLOYMENT, EDUCATION OR TRAINING
ENVIRONMENT, 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 "Anti-Sexual

Harassment Act of 1995."

Section 2. Declaration of Policy. - The State shall value the dignity

of every individual, enhance the development of its human
resources, guarantee full respect for human rights, and uphold the
dignity of workers, employees, applicants for employment,
students or those undergoing training, instruction or education.
Towards this end, all forms of sexual harassment in the
employment, education or training environment are hereby
declared unlawful.

Section 3. Work, Education or Training -Related, Sexual

Harassment Defined. - Work, education or training-related
sexual harassment is committed by an employer, employee,
manager, supervisor, agent of the employer, teacher, instructor,
professor, coach, trainor, or any other person who, having
authority, influence or moral ascendancy over another in a work
or training or education environment, demands, requests or
otherwise requires any sexual favor from the other, regardless of
whether the demand, request or requirement for submission is
accepted by the object of said Act.

(a) In a work-related or employment environment, sexual

harassment is committed when:
 (1) The sexual favor is made as a condition in the hiring
or in the employment, re-employment or continued
employment of said individual, or in granting said
individual favorable compensation, terms of conditions,
promotions, or privileges; or the refusal to grant the
sexual favor results in limiting, segregating or classifying
the employee which in any way would discriminate,
deprive ordiminish employment opportunities or
otherwise adversely affect said employee;

(2) The above acts would impair the employee's rights or

privileges under existing labor laws; or

(3) The above acts would result in an intimidating,

hostile, or offensive environment for the employee.

(b) In an education or training environment, sexual

harassment is committed:

(1) Against one who is under the care, custody or

supervision of the offender;

(2) Against one whose education, training,

apprenticeship or tutorship is entrusted to the offender;

(3) When the sexual favor is made a condition to the

giving of a passing grade, or the granting of honors and
scholarships, or the payment of a stipend, allowance or
other benefits, privileges, or consideration; or

(4) When the sexual advances result in an intimidating,

hostile or offensive environment for the student, trainee
or apprentice.

Any person who directs or induces another to commit any

act of sexual harassment as herein defined, or who cooperates
 in the commission thereof by another without which it
would not have been committed, shall also be held liable
under this Act.

Section 4. Duty of the Employer or Head of Office in a Work-

related, Education or Training Environment. - It shall be the duty
of the employer or the head of the work-related, educational or
training environment or institution, to prevent or deter the
commission of acts of sexual harassment and to provide the
procedures for the resolution, settlement or prosecution of acts of
sexual harassment. Towards this end, the employer or head of
office shall:

(a) Promulgate appropriate rules and regulations in

consultation with and joint1y approved by the employees or
students or trainees, through their duly designated
representatives, prescribing the procedure for the
investigation of sexual harassment cases and the
administrative sanctions therefor.

Administrative sanctions shall not be a bar to prosecution in

the proper courts for unlawful acts of sexual harassment.

The said rules and regulations issued pursuant to this

subsection (a) shall include, among others, guidelines on
proper decorum in the workplace and educational or training
institutions.

(b) Create a committee on decorum and investigation of cases

on sexual harassment. The committee shall conduct
meetings, as the case may be, with officers and employees,
teachers, instructors, professors, coaches, trainors, and
students or trainees to increase understanding and prevent
incidents of sexual harassment. It shall also conduct the
investigation of alleged cases constituting sexual harassment.
 In the case of a work-related environment, the committee
shall be composed of at least one (1) representative each from
the management, the union, if any, the employees from the
supervisory rank, and from the rank and file employees.

In the case of the educational or training institution, the

committee shall be composed of at least one (1)
representative from the administration, the trainors,
instructors, professors or coaches and students or trainees, as
the case may be.

The employer or head of office, educational or training

institution shall disseminate or post a copy of this Act for the
information of all concerned.

Section 5. Liability of the Employer, Head of Office, Educational

or Training Institution. - The employer or head of office,
educational or training institution shall be solidarily liable for
damages arising from the acts of sexual harassment committed in
the employment, education

or training environment if the employer or head of office,

educational or training institution is informed of such acts by the
offended party and no immediate action is taken.

Section 6. Independent Action for Damages. - Nothing in this Act

shall preclude the victim of work, education or training-related
sexual harassment from instituting a separate and independent
action for damages and other affirmative relief.

Section 7. Penalties. - Any person who violates the provisions of

this Act shall, upon conviction, be penalized by imprisonment of
not less than one (1) month nor more than six (6) months, or a
fine of not less than Ten thousand pesos (P10,000) nor more than
Twenty thousand pesos (P20,000), or both such fine and
imprisonment at the discretion of the court.

Any action arising from the violation of the provisions of this Act
shall prescribe in three (3) years.

Section 8. Separability Clause. - If any portion or provision of this

Act is declared void or unconstitutional, the remaining portions
or provisions hereof shall not be affected by such declaration.

Section 9. Repealing Clause. - All laws, decrees, orders, rules and

regulations, other issuances, or parts thereof inconsistent with
the provisions of this Act are hereby repealed or modified
accordingly.

Section 10. Effectivity Clause.- This Act shall take effect fifteen
(15) days after its complete publication in at least two (2) national
newspapers of general circulation.

Approved: (Sgd.) EDGARDO E.

TUMANGAN
(Sgd.) EDGARDO J. ANGARA
Secretary of the Senate
President of the Senate
(Sgd.) CAMILO L. SABIO
(Sgd.) JOSE DE VENECIA, JR.
Secretary General
Speaker of the House of
House of Representatives
Representatives
Approved: February 14, 1995
This Act is a consolidation of
House Bill No. 9425 and (Sgd.) FIDEL V. RAMOS
Senate Bill No. 1632 was President of the Philippines
finally passed by the House of
Representatives and the
Senate on February 8, 1995.
What is Republic Act No. 7877?
RA 7877 is The Anti-Sexual Harassment Act of 1995. It addresses
the issue of sexual harassment committed in work and education
or training environment.
It was signed into law on February 14, 1995 under former
President Fidel Ramos’ administration.
What is sexual harassment?
Under the law, work, education or training related sexual
harassment is “committed by an employer, employee, manager,
supervisor, agent of the employer, teacher, instructor, professor,
coach, trainor, or any other person who, having authority,
influence or moral ascendancy over another in a work or training
or education environment, demands, requests or otherwise
requires any sexual favor from the other, regardless of whether
the demand, request or requirement for submission is accepted
by the object of said Act.”
How is work-related sexual harassment committed?
1. The sexual favor is made as a condition in the hiring or in the
employment, re-employment or continued employment of said
individual, or in granting said Individual favorable compensation,
terms, conditions, promotions, or privileges; or the refusal to
grant the sexual favor results in limiting, segregating or
classifying the employee which in any way would discriminate,
deprive or diminish employment opportunities or otherwise
adversely affect said employee;
2. The above acts would impair the employee’s rights or
privileges under existing labor laws; or
3. The above acts would result in an intimidating, hostile, or
offensive environment for the employee.
What about education- or training-related sexual harassment?
This is committed:
1. Against one who is under the care, custody or supervision of
the offender;
2. Against one whose education, training, apprenticeship or
tutorship is entrusted to the offender;
3. When the sexual favor is made a condition to the giving of a
passing grade, or the granting of honors and scholarships, or
the payment of a stipend, allowance or other, benefits,
privileges, or considerations; or
4. When the sexual advances result in an intimidating, hostile or
offensive environment for the student, trainee or apprentice.
1. A person who directs or induces another person to
commit any act of sexual harassment or who cooperates
to commit the act, without which the said act would not
have been committed, will also be held liable under the
law.
What is the duty of the employer or head of office in a work or
education/training environment?
The employer or head of office is required by the law to prevent
the occurrence of sexual harassment acts. If in case acts of sexual
harassment were committed, the employer or head of office
should:
1. Disseminate appropriate rules and regulations which are
consulted from and jointly approved by the employees or
students or trainees, through their duly designated
representatives. The said rules prescribe the procedure for the
investigation of sexual harassment cases and the administrative
sanctions applied for such.
1. Administrative sanctions shall not bar prosecution in the
proper courts for unlawful acts of sexual harassment.
2. The said rules and regulations should include guidelines on
proper decorum in the workplace and educational or training
institutions.
2. Create a committee on decorum and investigation of cases on
sexual harassment. The committee shall conduct meetings or
as the case may be, with officers and employees, teachers,
instructors, professors, coaches, trainers and students or
trainees to increase understanding and prevent incidents of
sexual harassment. It shall also conduct the investigation of
alleged cases constituting sexual harassment.
0. In the case of a work-related environment, the committee
shall be composed of at least one (1) representative each from
the management, the union, if any, the employees from the
supervisory rank, and from the rank and file employees.
1. In the case of the educational or training institution, the
committee shall be composed of at least one (1) representative
from the administration, the trainors, teachers, instructors,
professors or coaches and students or trainees, as the case may
be.
The employer or head of office, educational or training
institution shall disseminate or post a copy of RA 7877 to inform
all concerned individuals.
What if the employer or head of office did not undertake any
action despite his/her knowledge of sexual harassment act/s?
The employer or head of an office, educational or training
institution will be held liable for the damages arising from acts of
sexual harassment if they are informed by the offended party of
the occurrence of such acts, yet no action has been undertaken.
Can an offended party seek redress by taking independent action?
An offended party may take independent action for damages
incurred in the act of sexual harassment. She/He may also avail of
relief.
What are the penalties applied to offenders?
Any person who violates the provisions of the law shall be
penalized by imprisonment of not less than one (1) month nor
more than six (6) months, or a fine of not less than Ten thousand
pesos (PI 0,000) nor more than Twenty thousand pesos (P20.000),
or both such fine and imprisonment at the discretion of the court.
Any action arising from the violation of the provisions of this Act
shall prescribe in three (3) years.
REPUBLIC ACT NO. 10883, July 17, 2016

AN ACT PROVIDING FOR A NEW ANTI-CARNAPPING LAW

OF THE PHILIPPINES

Be it enacted by the Senate and House of Representatives of the

Philippines in Congress assembled:
Section 1. Short Title. – This Act shall be known as the “New
Anti-Carnapping Act of 2016”.

Sec. 2. Definition of Terms. – As used in this Act:

(a) Body building refers to a job undertaken on a motor vehicle

in order to replace its entire body with a new body;

(b) Defacing or tampering with a serial number refers to the

altering, changing, erasing, replacing or scratching of the original
factory inscribed serial number on the motor vehicle engine,
engine block or chassis of any motor vehicle.

Whenever any motor vehicle is found to have a serial number on

its engine, engine block or chassis which is different from that
which is listed in the records of the Bureau of Customs for motor
vehicle imported into the Philippines, that motor vehicle shall be
considered to have a defaced or tampered serial
number;cralawlawlibrary

(c) Dismantling refers to the tearing apart, piece-by-piece or part-

by-part, of a motor vehicle;cralawlawlibrary

(d) Identity transfer refers to the act of transferring the engine

number, chassis number, body tag number, plate number, and
any other identifying marks of a motor vehicle declared as “total
wreck" or is beyond economic repair by concerned car insurance
companies and/or law enforcement agencies after its involvement
in a vehicular accident or other incident and registers the same
into another factory-made body or vehicle unit, of the same
classification, type, make or model;cralawlawlibrary

(e) Motor vehicle refers to any vehicle propelled by any power

other than muscular power using the public highways, except
road rollers, trolley cars, street sweepers, sprinklers, lawn
mowers, bulldozers, graders, forklifts, amphibian trucks, and
cranes if not used on public highways; vehicles which run only
on rails or tracks; and tractors, trailers and traction engines of all
kinds used exclusively for agricultural purposes. Trailers having
any number of wheels, when propelled or intended to be
propelled by attachment to a motor vehicle, shall be classified as
a separate motor vehicle with no power rating;cralawlawlibrary

(f) Overhauling refers to the cleaning or repairing of the whole

engine of a motor vehicle by separating the motor engine and its
parts from the body of the motor vehicle;cralawlawlibrary

(g) Repainting refers to changing the color of a motor vehicle by

means of painting. There is painting whenever the new color of
a motor vehicle is different from its color registered in the Land
Transportation Office (LTO);cralawlawlibrary

(h) Remodeling refers to the introduction of some changes in the

shape or form of the body of the motor vehicle;cralawlawlibrary

(i) Second hand spare parts refer to the parts taken from a
carnapped vehicle used in assembling another
vehicle;cralawlawlibrary
(j) Total wreck refers to the state or status of a motor vehicle after
a vehicular accident or other incident, so that it is rendered in
operational and beyond economic repair due to the extent of
damage in its body, chassis and engine; and

(k) Unlawful transfer or use of vehicle plates refers to the use or

transfer of a vehicle plate issued by the LTO to a certain vehicle
to another vehicle. It is presumed illegally transferred when the
motor vehicle plate does not correspond with that as appearing
in the certificate of registration of the motor vehicle to which it
was issued.

Sec. 3. Carnapping; Penalties. – Carnapping is the taking, with

intent to gain, of a motor vehicle belonging to another without
the latter’s consent, or by means of violence against or
intimidation of persons, or by using force upon things.

Any person who is found guilty of carnapping shall, regardless of

the value of the motor vehicle taken, be punished by
imprisonment for not less than twenty (20) years and one (1) day
but not more than thirty (30) years, when the carnapping is
committed without violence against or intimidation of persons,
or force upon things; and by imprisonment for not less than thirty
(30) years and one (1) day but not more than forty (40) years,
when the carnapping is committed by means of violence against
or intimidation of persons, or force upon things; and the penalty
of life imprisonment shall be imposed when the owner, driver, or
occupant of the carnapped motor vehicle is killed or raped in the
commission of the carnapping.

Any person charged with carnapping or when the crime of

carnapping is committed by criminal groups, gangs or syndicates
or by means of violence or intimidation of any person or persons
or forced upon things; or when the owner, driver, passenger or
occupant of the carnapped vehicle is killed or raped in the course
of the carnapping shall be denied bail when the evidence of guilt
is strong.

Sec. 4. Concealment of Carnapping. – Any person who conceals

carnapping shall be punished with imprisonment of six (6) years
up to twelve (12) years and a fine equal to theamount of the
acquisition cost of the motor vehicle, motor vehicle engine, or
any other part involved in the violation: Provided, That if the
person violating any provision of this Act is a juridical person, the
penalty herein provided shall be imposed on its president,
secretary, and/or members of the board of directors or any of its
officers and employees who may have directly participated in the
violation.

Any public official or employee who directly commits the

unlawful acts defined in this Act or is guilty of gross negligence
of duty or connives with or permits the commission of any of the
said unlawful acts shall, in addition to the penalty prescribed in
the preceding paragraph, be dismissed from the service, and
his/her benefits forfeited and shall be permanently disqualified
from holding public office.

Sec. 5. Original Registration of Motor Vehicles. – Any person

seeking the original registration of a motor vehicle, whether that
motor vehicle is newly assembled or rebuilt or acquired from a
registered owner, shall, within one (1) week after the completion
of the assembly or rebuilding job or the acquisition thereof from
the registered owner, apply to the Philippine National Police
(PNP) for the clearance of the motor vehicle for registration with
the LTO. The PNP shall, upon receipt of the application, verify if
the motor vehicle or its numbered parts are in the list of
carnapped motor vehicles or stolen motor vehicle parts. If the
motor vehicle or any of its numbered parts is not in the list, the
PNP shall forthwith issue a certificate of clearance. Upon
presentation of the certificate of clearance from the PNP and after
verification of the registration of the motor vehicle engine,
engine block and chassis in the permanent registry of motor
vehicle engine, engine block and chassis, the LTO shall register
the motor vehicle in accordance with existing laws, rules and
regulations within twenty (20) working days.

Sec. 6. Registration of Motor Vehicle, Motor Vehicle Engine,

Engine Block and Chassis. – Within one (1) year upon approval
of this Act, every owner or possessor of unregistered motor
vehicle or parts thereof in knock down condition shall register
before the LTO the motor vehicle engine, engine block and
chassis in the name of the possessor or in the name of the real
owner who shall be readily available to answer any claim over
the registered motor vehicle engine, engine block and chassis.
Thereafter, all motor vehicle engines, engine blocks and chassis
not registered with the LTO shall be considered as a carnapped
vehicle, an untaxed importation or coming from illegal source
and shall be confiscated in favor of the government.

Sec. 7. Permanent Registry of Motor Vehicle, Motor Vehicle

Engines, Engine Blocks and Chassis. – The LTO shall keep a
permanent registry of motor vehicle, motor vehicle engines,
engine blocks and chassis of all motor vehicles, specifying therein
their type, make, serial numbers and stating therein the names
and addresses of their present and previous owners. Copies of the
registry and of all entries made there on shall be furnished the
PNP and all LTO regional, provincial and city branch
offices; Provided, That all LTO regional, provincial and city
offices are likewise obliged to furnish copies of all registrations of
motor vehicles to the main office and to the PNP: Provided,
further, That the original copy of the certificate of registration
shall be given to the registered owner, the second copy shall be
retained with the LTO and the third copy shall be submitted to
the PNP. Moreover, it shall be unlawful for any person or
employee who willfully encodes in the registry of motor vehicles
a non-existing vehicle or without history, new identity of already
existing vehicle or double/ multiple registration (“KAMBAL”) of
vehicle.

Sec. 8. Registration of Sale, Transfer, Conveyance of a Motor

Vehicle, Substitution or Replacement of a Motor Vehicle Engine,
Engine Block or Chassis. – Every sale, transfer, conveyance of a
motor vehicle, substitution or replacement of a motor vehicle
engine, engine block or chassis of a motor vehicle shall be
registered with the LTO within twenty (20) working days upon
purchase/acquisition of a motor vehicle and substitution or
replacement of a motor vehicle engine, engine block or chassis. A
motor vehicle, motor vehicle engine, engine block or chassis not
registered with the LTO shall be presumed as a carnapped
vehicle, an untaxed imported vehicle, or a vehicle proceeding
from illegal sources unless proven otherwise and shall be
confiscated in favor of the government.

Sec. 9. Duty of Collector of Customs to Report. – Within seven

(7) days after the arrival of an imported vehicle, motor vehicle
engine, engine block, chassis or body, the Collector of Customs of
a principal port of entry where the imported vehicle or parts
enumerated above are unloaded shall report the shipment to the
LTO, specifying the make, type and serial numbers, if any, of the
motor vehicle, motor vehicle engine, engine block, chassis or
body, and stating the names and addresses of the owner or
consignee thereof. If the motor vehicle, motor vehicle engine,
engine block, chassis or body does not bear any serial number,
the Collector of Customs concerned shall hold the motor vehicle,
motor vehicle engine, engine block, chassis or body until it is
numbered by the LTO: Provided, That a PNP clearance shall be
required prior to engraving the engine or chassis number.

Sec. 10. Duty of Importers, Distributors and Sellers of Motor

Vehicles to Keep Record of Stocks. – Any person engaged in the
importation, distribution, and buying and selling of motor
vehicles, motor vehicle engines, engine blocks, chassis or body
shall keep a permanent record of one’s stocks, stating therein
their type, make and serial numbers, and the names and addresses
of the persons from whom they were acquired and the names and
addresses of the persons to whom they are sold, and shall render
accurately a monthly report of his/her transactions in motor
vehicles to the LTO.

SEC.11. Duty of Manufacturers of Engine Blocks, Chassis or Body

to Cause the Numbering of Engine Blocks, Chassis or Body
Manufactured. – Any person engaged in the manufacture of
engine blocks, chassis or body shall cause the numbering of every
engine block, chassis or body manufactured in a convenient and
conspicuous part thereof which the LTO may direct for the
purpose of uniformity and identification of the factory and shall
submit to the LTO a monthly report of the manufacture and sale
of engine blocks, chassis or body.
Sec. 12. Clearance and Permit Required for Assembly or
Rebuilding of Motor Vehicles. – Any person who shall undertake
to assemble or rebuild or cause the assembly or rebuilding of a
motor vehicle shall first secure a certificate of clearance from the
PNP: Provided, That no such permit shall be issued unless the
applicant shall present a statement under oath containing the
type, make and serial numbers of the engine, chassis and body, if
any, and the complete list of the spare parts of the motor vehicle
to be assembled or rebuilt together with the names and addresses
of the sources thereof.

In the case of motor vehicle engines to be mounted on motor

boats, motor bancas, water crafts and other light water vessels,
the applicant shall secure a permit from the PNP, which office
shall in turn furnish the LTO pertinent data concerning the
motor vehicle engines including their type, make and serial
numbers.

Sec. 13. Clearance Required for Shipment of Motor Vehicles,

Motor Vehicle Engines, Engine Blocks, Chassis or Body. – The
Philippine Ports Authority (PPA) shall submit a report to the
PNP within seven (7) days upon boarding all motor vehicles
being boarded the “RORO”, ferry, boat, vessel or ship for
interisland and international shipment. The PPA shall not allow
the loading of motor vehicles in all interisland and international
shipping vessels without a motor vehicle clearance from the PNP,
except cargo trucks and other trucks carrying goods. Land
Transportation Franchising and Regulatory Board (LTFRB)-
accredited public utility vehicles (PUV) and other motor vehicles
carrying foodstuff and dry goods.
Sec. 14. Defacing or Tampering with Serial Numbers of Motor
Vehicle Engines, Engine Blocks and Chassis.– It shall be unlawful
for any person to deface or otherwise tamper with the original or
registered serial number of motor vehicle engines, engine blocks
and chassis.

Sec. 15. Identity Transfer. – It shall be unlawful for any person,

office or entity to cause and/or allow the sale, registration, and/or
transfer into another name, the chassis number, engine number
and plate number of a motor vehicle declared as “total wreck” or
beyond economic repair by concerned insurance company,
and/or law enforcement agencies, due to its involvement in a
vehicular accident or for some other causes. The LTO shall cancel
the registration of total wreck vehicle as reported by the PNP
and/or as declared by the Insurance Commission.

Sec. 16. Transfer of Vehicle Plate. – It shall be unlawful for any

person, office or entity to transfer or use a vehicle plate from one
vehicle to another without securing the proper authority from
the LTO.

Sec. 17. Sale of Second Hand Spare Parts. – It shall be unlawful

for any person, office or entity to buy and/or sell any second hand
spare parts taken from a carnapped vehicle.

Sec. 18. Foreign Nationals. – Foreign nationals convicted under

the provisions of this Act shall be deported immediately after
service of sentence without further proceedings by the Bureau of
Immigration.

Sec. 19. Reward. – Any person who voluntarily gives information

leading to the recovery of carnapped vehicles and for the
apprehension of the persons charged with carnapping shall be
given monetary reward as the PNP may determine. The PNP
shall include in their annual budget the amount necessary to
carry out the purposes of this section. Any information given by
informers shall be treated as confidential matter.

Sec. 20. Implementing Rules and Regulations. – The PNP

together with the Department of Transportation and
Communications, LTO, Philippine Coast Guard, Maritime
Industry Authority, Bureau of Customs and relevant motorists
and automotive sectors shall, within sixty (60) days from the
effectivity of this Act, after unanimous approval, promulgate the
necessary implementing rules and regulations to effectively carry
out the provisions of this Act, including the setting up of a
coordinated online access and the effective clearance system
mentioned in Section 12 of this Act to expedite motor vehicle
data and details verification.

Sec. 21. Separability Clause. – If any provision of this Act is

declared invalid, the remainder of this Act or any provision not
affected thereby shall remain in full force and effect.

Sec. 22. Repealing Clause. – Republic Act No. 6539, otherwise

known as the “Anti-Carnapping Act of 1972”, is hereby
repealed. All laws, executive orders, rules and regulations or
parts thereof inconsistent with the provisions of this Act are
hereby amended or repealed accordingly.

Sec. 23. Effectivity. – This Act shall take effect fifteen (15) days
after its publication in the Official Gazetteor in two (2)
newspapers of general circulation, whichever comes earlier.
Approved:chanroblesvirtuallawlibrary

(Sgd.) FELICIANO BELMONTE (Sgd.) FRANKLIN M.

JR. DRILON
Speaker of the House President of the Senate
of Representatives

This Act was passed by the Senate of the Philippines as Senate

Bill No. 2794 on May 23, 2016 and adopted by the House of
Representatives as an amendment to House Bill No. 4544 on
May 23, 2016.

(Sgd.) MARILYN B. BARUA-YAP (Sgd.) OSCAR G. YABES

Secretary General Secretary of the Senate
House of Representatives

Approved:

BENIGNO S. AQUINO III

President of the Philippines

Lapsed into law on JUL 17 2016

Without the signature of the President
In accordance with Article VI, Section
27 (1) at the Constitution