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REPUBLIC ACT No.

9344 (d) Pursuant to Article 40 of the United Nations


Convention on the Rights of the Child, the State
AN ACT ESTABLISHING A COMPREHENSIVE recognizes the right of every child alleged as, accused
JUVENILE JUSTICE AND WELFARE SYSTEM, of, adjudged, or recognized as having infringed the
CREATING THE JUVENILE JUSTICE AND penal law to be treated in a manner consistent with
WELFARE COUNCIL UNDER THE the promotion of the child's sense of dignity and
DEPARTMENT OF JUSTICE, worth, taking into account the child's age and
APPROPRIATING FUNDS THEREFOR AND desirability of promoting his/her reintegration.
FOR OTHER PURPOSES Whenever appropriate and desirable, the State shall
adopt measures for dealing with such children
Be it enacted by the Senate and House of without resorting to judicial proceedings, providing
Representatives of the Philippine Congress that human rights and legal safeguards are fully
Assembled: respected. It shall ensure that children are dealt with
in a manner appropriate to their well-being by
TITLE I
providing for, among others, a variety of disposition
GOVERNING PRINCIPLES
measures such as care, guidance and supervision
orders, counseling, probation, foster care, education
CHAPTER 1
and vocational training programs and other
TITLE, POLICY AND DEFINITION OF TERMS
alternatives to institutional care.
Section 1. Short Title and Scope. - This Act shall
(e) The administration of the juvenile justice and
be known as the "Juvenile Justice and Welfare
welfare system shall take into consideration the
Act of 2006." It shall cover the different stages
cultural and religious perspectives of the Filipino
involving children at risk and children in conflict with
people, particularly the indigenous peoples and the
the law from prevention to rehabilitation and
Muslims, consistent with the protection of the rights
reintegration.
of children belonging to these communities.
SEC. 2. Declaration of State Policy. - The
(f) The State shall apply the principles of restorative
following State policies shall be observed at all times:
justice in all its laws, policies and programs applicable
(a) The State recognizes the vital role of children and to children in conflict with the law.
youth in nation building and shall promote and
SEC. 3. Liberal Construction of this Act. - In
protect their physical, moral, spiritual, intellectual
case of doubt, the interpretation of any of the
and social well-being. It shall inculcate in the youth
provisions of this Act, including its implementing
patriotism and nationalism, and encourage their
rules and regulations (IRRs), shall be construed
involvement in public and civic affairs.
liberally in favor of the child in conflict with the law.
(b) The State shall protect the best interests of the
SEC. 4. Definition of Terms. - The following
child through measures that will ensure the
terms as used in this Act shall be defined as follows:
observance of international standards of child
protection, especially those to which the Philippines is
(a) "Bail" refers to the security given for the release of
a party. Proceedings before any authority shall be
the person in custody of the law, furnished by him/her
conducted in the best interest of the child and in a
or a bondsman, to guarantee his/her appearance
manner which allows the child to participate and to
before any court. Bail may be given in the form of
express himself/herself freely. The participation of
corporate security, property bond, cash deposit, or
children in the program and policy formulation and
recognizance.
implementation related to juvenile justice and welfare
shall be ensured by the concerned government (b) "Best Interest of the Child" refers to the totality of
agency. the circumstances and conditions which are most
congenial to the survival, protection and feelings of
(c) The State likewise recognizes the right of children
security of the child and most encouraging to the
to assistance, including proper care and nutrition, and
child's physical, psychological and emotional
special protection from all forms of neglect, abuse,
development. It also means the least detrimental
cruelty and exploitation, and other conditions
available alternative for safeguarding the growth and
prejudicial to their development.
development of the child.
(e) "Child" refers to a person under the age of eighteen and treatment of a child in conflict with the law on the
(18) years. basis of his/her social, cultural, economic,
psychological or educational background without
(d) "Child at Risk" refers to a child who is vulnerable resorting to formal court proceedings.
to and at the risk of committing criminal offenses
because of personal, family and social circumstances, (j) "Diversion Program" refers to the program that the
such as, but not limited to, the following: child in conflict with the law is required to undergo
after he/she is found responsible for an offense
(1) being abused by any person through sexual, without resorting to formal court proceedings.
physical, psychological, mental, economic or any
other means and the parents or guardian refuse, are (k) "Initial Contact With-the Child" refers to the
unwilling, or unable to provide protection for the apprehension or taking into custody of a child in
child; conflict with the law by law enforcement officers or
private citizens. It includes the time when the child
(2) being exploited including sexually or alleged to be in conflict with the law receives a
economically; subpoena under Section 3(b) of Rule 112 of the
Revised Rules of Criminal Procedure or summons
(3) being abandoned or neglected, and after diligent under Section 6(a) or Section 9(b) of the same Rule in
search and inquiry, the parent or guardian cannot be cases that do not require preliminary investigation or
found; where there is no necessity to place the child alleged
to be in conflict with the law under immediate
(4) coming from a dysfunctional or broken family or
custody.
without a parent or guardian;
(I) "Intervention" refers to a series of activities which
(5) being out of school;
are designed to address issues that caused the child to
commit an offense. It may take the form of an
(6) being a streetchild;
individualized treatment program which may include
(7) being a member of a gang; counseling, skills training, education, and other
activities that will enhance his/her psychological,
(8) living in a community with a high level of emotional and psycho-social well-being.
criminality or drug abuse; and
(m) "Juvenile Justice and Welfare System" refers to a
(9) living in situations of armed conflict. system dealing with children at risk and children in
conflict with the law, which provides child-
(e) "Child in Conflict with the Law" refers to a child appropriate proceedings, including programs and
who is alleged as, accused of, or adjudged as, having services for prevention, diversion, rehabilitation, re-
committed an offense under Philippine laws. integration and aftercare to ensure their normal
growth and development.
(f) "Community-based Programs" refers to the
programs provided in a community setting developed (n) "Law Enforcement Officer" refers to the person in
for purposes of intervention and diversion, as well as authority or his/her agent as defined in Article 152 of
rehabilitation of the child in conflict with the law, for the Revised Penal Code, including a barangay tanod.
reintegration into his/her family and/or community.
(0) "Offense" refers to any act or omission whether
(g) "Court" refers to a family court or, in places where punishable under special laws or the Revised Penal
there are no family courts, any regional trial court. Code, as amended.

(h) "Deprivation of Liberty" refers to any form of (p) "Recognizance" refers to an undertaking in lieu of
detention or imprisonment, or to the placement of a a bond assumed by a parent or custodian who shall be
child in conflict with the law in a public or private responsible for the appearance in court of the child in
custodial setting, from which the child in conflict with conflict with the law, when required.
the law is not permitted to leave at will by order of any
judicial or administrative authority. (q) "Restorative Justice" refers to a principle which
requires a process of resolving conflicts with the
(i) "Diversion" refers to an alternative, child- maximum involvement of the victim, the offender and
appropriate process of determining the responsibility the community. It seeks to obtain reparation for the
victim; reconciliation of the offender, the offended (c) the right not to be deprived, unlawfully or
and the community; and reassurance to the offender arbitrarily, of his/her liberty; detention or
that he/she can be reintegrated into society. It also imprisonment being a disposition of last resort, and
enhances public safety by activating the offender, the which shall be for the shortest appropriate period of
victim and the community in prevention strategies. time;

(r) "Status Offenses" refers to offenses which (d) the right to be treated with humanity and respect,
discriminate only against a child, while an adult does for the inherent dignity of the person, and in a
not suffer any penalty for committing similar acts. manner which takes into account the needs of a
These shall include curfew violations; truancy, person of his/her age. In particular, a child deprived
parental disobedience and the like. of liberty shall be separated from adult offenders at all
times. No child shall be detained together with adult
(s) "Youth Detention Home" refers to a 24-hour child- offenders. He/She shall be conveyed separately to or
caring institution managed by accredited local from court. He/She shall await hearing of his/her own
government units (LGUs) and licensed and/or case in a separate holding area. A child in conflict with
accredited nongovernment organizations (NGOs) the law shall have the right to maintain contact with
providing short-term residential care for children in his/her family through correspondence and visits,
conflict with the law who are awaiting court save in exceptional circumstances;
disposition of their cases or transfer to other agencies
or jurisdiction. (e) the right to prompt access to legal and other
appropriate assistance, as well as the right to
(t) "Youth Rehabilitation Center" refers to a 24-hour challenge the legality of the deprivation of his/her
residential care facility managed by the Department of liberty before a court or other competent,
Social Welfare and Development (DSWD), LGUs, independent and impartial authority, and to a prompt
licensed and/or accredited NGOs monitored by the decision on such action;
DSWD, which provides care, treatment and
rehabilitation services for children in conflict with the (f) the right to bail and recognizance, in appropriate
law. Rehabilitation services are provided under the cases;
guidance of a trained staff where residents are cared
for under a structured therapeutic environment with (g) the right to testify as a witness in hid/her own
the end view of reintegrating them into their families behalf under the rule on examination of a child
and communities as socially functioning individuals. witness;
Physical mobility of residents of said centers may be
restricted pending court disposition of the charges (h) the right to have his/her privacy respected fully at
against them. all stages of the proceedings;

(u) "Victimless Crimes" refers to offenses where there (i) the right to diversion if he/she is qualified and
is no private offended party. voluntarily avails of the same;

CHAPTER 2 (j) the right to be imposed a judgment in proportion


PRINCIPLES IN THE ADMINISTRATION OF to the gravity of the offense where his/her best
JUVENILE JUSTICE AND WELFARE interest, the rights of the victim and the needs of
society are all taken into consideration by the court,
SEC. 5. Rights of the Child in Conflict with the under the principle of restorative justice;
Law. - Every child in conflict with the law shall have
the following rights, including but not limited to: (k) the right to have restrictions on his/her personal
liberty limited to the minimum, and where discretion
(a) the right not to be subjected to torture or other is given by law to the judge to determine whether to
cruel, inhuman or degrading treatment or impose fine or imprisonment, the imposition of fine
punishment; being preferred as the more appropriate penalty;

(b) the right not to be imposed a sentence of capital (I) in general, the right to automatic suspension of
punishment or life imprisonment, without the sentence;
possibility of release;
(m) the right to probation as an alternative to
imprisonment, if qualified under the Probation Law;
(n) the right to be free from liability for perjury, If a case has been fiied against the child in conflict
concealment or misrepresentation; and with the law and is pending in the appropriate court,
the person shall file a motion to determine the age of
(o) other rights as provided for under existing laws, the child in the same court where the case is pending.
rules and regulations. Pending hearing on the said motion, proceedings on
the main case shall be suspended.
The State further adopts the provisions of the United
Nations Standard Minimum Rules for the In all proceedings, law enforcement officers,
Administration of Juvenile Justice or "Beijing Rules", prosecutors, judges and other government officials
United Nations Guidelines for the Prevention of concerned shall exert all efforts at determining the age
Juvenile Delinquency or the "Riyadh Guidelines", and of the child in conflict with the law.
the United Nations Rules for the Protection of
Juveniles Deprived of Liberty.

SEC. 6. Minimum Age of Criminal


Responsibility. - A child fifteen (15) years of age or TITLE II
under at the time of the commission of the offense STRUCTURES IN THE ADMINISTRATION OF
shall be exempt from criminal liability. However, the JUVENILE JUSTICE AND WELFARE
child shall be subjected to an intervention program
pursuant to Section 20 of this Act. SEC. 8. Juvenile Justice and Welfare Council
(JJWC). - A Juvenile Justice and Welfare Council
A child above fifteen (15) years but below eighteen (JJWC) is hereby created and attached to the
(18) years of age shall likewise be exempt from Department of Justice and placed under its
criminal liability and be subjected to an intervention administrative supervision. The JJWC shall be
program, unless he/she has acted with discernment, chaired by an undersecretary of the Department of
in which case, such child shall be subjected to the Social Welfare and Development. It shall ensure the
appropriate proceedings in accordance with this Act. effective implementation of this Act and coordination
among the following agencies:
The exemption from criminal liability herein
established does not include exemption from civil (a) Council for the Welfare of Children (CWC);
liability, which shall be enforced in accordance with
existing laws. (b) Department of Education (DepEd);

SEC. 7. Determination ofAge. - The child in (c) Department of the Interior and Local Government
conflict with the law shall enjoy the presumption of (DILG);
minority. He/She shall enjoy all the rights of a child in
conflict with the law until he/she is proven to be (d) Public Attorney's Office (PAO);
eighteen (18) years old or older. The age of a child
(e) Bureau of Corrections (BUCOR);
may be determined from the child's birth certificate,
baptismal certificate or any other pertinent
(f) Parole and Probation Administration (PPA)
documents. In the absence of these documents, age
may be based on information from the child (g) National Bureau of Investigation (NBI);
himself/herself, testimonies of other persons, the
physical appearance of the child and other relevant (h) Philippine National Police (PNP);.
evidence. In case of doubt as to the age of the child, it
shall be resolved in his/her favor. (i) Bureau of Jail Management and Penology (BJMP);

Any person contesting the age of the child in conflict (i) Commission on Human Rights (CHR);
with the law prior to the filing of the information in
any appropriate court may file a case in a summary (k) Technical Education and Skills Development
proceeding for the determination of age before the Authority (TESDA);
Family Court which shall decide the case within
twenty-four (24) hours from receipt of the appropriate (l) National Youth Commission (NYC); and
pleadings of all interested parties.
(m) Other institutions focused on juvenile justice and
intervention programs.
The JJWC shall be composed of representatives, (e) To coordinate the implementation of the juvenile
whose ranks shall not be lower than director, to be intervention programs and activities by national
designated by the concerned heads of the following government agencies and other activities which may
departments or agencies: have an important bearing on the success of the entire
national juvenile intervention program. All programs
(a) Department of Justice (DOJ); relating to juvenile justice and welfare shall be
adopted in consultation with the JJWC;
(b) Department of Social Welfare and Development
(DSWD); (f) To formulate and recommend policies and
strategies in consultation with children for the
(c) Council for the Welfare of Children (CWC) prevention of juvenile delinquency and the
administration of justice, as well as for the treatment
(d) Department of Education (DepEd);
and rehabilitation of the children in conflict with the
law;
(e) Department of the Interior and Local Government
(DILG)
(g) To collect relevant information and conduct
continuing research and support evaluations and
(f) Commission on Human Rights (CHR);
studies on all matters relating to juvenile justice and
(g) National Youth Commission (NYC); and welfare, such as but not limited to:

(h) Two (2) representatives from NGOs, one to be (1) the performance and results achieved by juvenile
designated by the Secretary of Justice and the other to intervention programs and by activities of the local
be designated by the Secretary of Social Welfare and government units and other government agencies;
Development.
(2) the periodic trends, problems and causes of
The JJWC shall convene within fifteen (15) days from juvenile delinquency and crimes; and
the effectivity of this Act. The Secretary of Justice and
(3) the particular needs of children in conflict with the
the Secretary of Social Welfare and Development shall
law in custody.
determine the organizational structure and staffing
pattern of the JJWC.
The data gathered shall be used by the JJWC in the
improvement of the administration of juvenile justice
The JJWC shall coordinate with the Office of the
and welfare system.
Court Administrator and the Philippine Judicial
Academy to ensure the realization of its mandate and
The JJWC shall set up a mechanism to ensure that
the proper discharge of its duties and functions, as
children are involved in research and policy
herein provided.
development.
SEC. 9. Duties and Functions of the JJWC. -
(h) Through duly designated persons and with the
The JJWC shall have the following duties and
assistance of the agencies provided in the preceding
functions:
section, to conduct regular inspections in detention
and rehabilitation facilities and to undertake spot
(a) To oversee the implementation of this Act;
inspections on their own initiative in order to check
(b) To advise the President on all matters and policies compliance with the standards provided herein and to
relating to juvenile justice and welfare; make the necessary recommendations to appropriate
agencies;
(c) To assist the concerned agencies in the review and
redrafting of existing policies/regulations or in the (i) To initiate and coordinate the conduct of trainings
formulation of new ones in line with the provisions of for the personnel of the agencies involved in the
this Act; administration of the juvenile justice and welfare
system and the juvenile intervention program;
(d) To periodically develop a comprehensive 3 to 5-
year national juvenile intervention program, with the (j) To submit an annual report to the President on the
participation of government agencies concerned, implementation of this Act; and
NGOs and youth organizations;
(k) To perform such other functions as may be program or non- formal education accreditation
necessary to implement the provisions of this Act. equivalency system.

SEC. 10. Policies and Procedures on Juvenile SEC. 14. The Role of the Mass Media. - The mass
Justice and Welfare. - All government agencies media shall play an active role in the promotion of
enumerated in Section 8 shall, with the assistance of child rights, and delinquency prevention by relaying
the JJWC and within one (1) year from the effectivity consistent messages through a balanced approach.
of this Act, draft policies and procedures consistent Media practitioners shall, therefore, have the duty to
with the standards set in the law. These policies and maintain the highest critical and professional
procedures shall be modified accordingly in standards in reporting and covering cases of children
consultation with the JJWC upon the completion of in conflict with the law. In all publicity concerning
the national juvenile intervention program as children, the best interest of the child should be the
provided under Section 9 (d). primordial and paramount concern. Any undue,
inappropriate and sensationalized publicity of any
SEC. 11. Child Rights Center (CRC). - The case involving a child in conflict with the law is hereby
existing Child Rights Center of the Commission on declared a violation of the child's rights.
Human Rights shall ensure that the status, rights and
interests of children are upheld in accordance with the SEC. 15. Establishment and Strengthening of
Constitution and international instruments on human Local Councils for the Protection of
rights. The CHR shall strengthen the monitoring of Children. - Local Councils for the Protection of
government compliance of all treaty obligations, Children (LCPC) shall be established in all levels of
including the timely and regular submission of reports local government, and where they have already been
before the treaty bodies, as well as the established, they shall be strengthened within one (1)
implementation and dissemination of year from the effectivity of this Act. Membership in
recommendations and conclusions by government the LCPC shall be chosen from among the responsible
agencies as well as NGOs and civil society. members of the community, including a
representative from the youth sector, as well as
representatives from government and private agencies
concerned with the welfare of children.

TITLE III The local council shall serve as the primary agency to
PREVENTION OF JUVENILE DELINQUENCY coordinate with and assist the LGU concerned for the
adoption of a comprehensive plan on delinquency
CHAPTER 1 prevention, and to oversee its proper implementation.
THE ROLE OF THE DIFFERENT SECTORS
One percent (1%) of the internal revenue allotment of
SEC. 12. The Family. - The family shall be barangays, municipalities and cities shall be allocated
responsible for the primary nurturing and rearing of for the strengthening and implementation of the
children which is critical in delinquency prevention. programs of the LCPC: Provided, That the
As far as practicable and in accordance with the disbursement of the fund shall be made by the LGU
procedures of this Act, a child in conflict with the law concerned.
shall be maintained in his/her family.
SEC. 16. Appointment of Local Social Welfare
SEC. 13. The Educational System. - Educational and Development Officer. - All LGUs shall
institutions shall work together with families, appoint a duly licensed social worker as its local social
community organizations and agencies in the welfare and development officer tasked to assist
prevention of juvenile delinquency and in the children in conflict with the law.
rehabilitation and reintegration of child in conflict
with the law. Schools shall provide adequate, SEC. 17. The Sangguniang Kabataan. - The
necessary and individualized educational schemes for Sangguniang Kabataan (SK) shall coordinate with the
children manifesting difficult behavior and children in LCPC in the formulation and implementation of
conflict with the law. In cases where children in juvenile intervention and diversion programs in the
conflict with the law are taken into custody or community.
detained in rehabilitation centers, they should be
provided the opportunity to continue learning under
an alternative learning system with basic literacy
CHAPTER 2 TITLE IV
COMPREHENSIVE JUVENILE TREATMENT OF CHILDREN BELOW THE
INTERVENTION PROGRAM AGE OF CRIMINAL RESPONSIBILITY

SEC. 18. Development of a Comprehensive SEC. 20. Children Below the Age of Criminal
Juvenile Intervention Program. - A Responsibility. - If it has been determined that the
Comprehensive juvenile intervention program child taken into custody is fifteen (15) years old or
covering at least a 3-year period shall be instituted in below, the authority which will have an initial contact
LGUs from the barangay to the provincial level. with the child has the duty to immediately release the
child to the custody of his/her parents or guardian, or
The LGUs shall set aside an amount necessary to in the absence thereof, the child's nearest relative.
implement their respective juvenile intervention Said authority shall give notice to the local social
programs in their annual budget. welfare and development officer who will determine
the appropriate programs in consultation with the
The LGUs, in coordination with the LCPC, shall call child and to the person having custody over the child.
on all sectors concerned, particularly the child- If the parents, guardians or nearest relatives cannot
focused institutions, NGOs, people's organizations, be located, or if they refuse to take custody, the child
educational institutions and government agencies may be released to any of the following: a duly
involved in delinquency prevention to participate in registered nongovernmental or religious organization;
the planning process and implementation of juvenile a barangay official or a member of the Barangay
intervention programs. Such programs shall be Council for the Protection of Children (BCPC); a local
implemented consistent with the national program social welfare and development officer; or when and
formulated and designed by the JJWC. The where appropriate, the DSWD. If the child referred to
implementation of the comprehensive juvenile herein has been found by the Local Social Welfare and
intervention program shall be reviewed and assessed Development Office to be abandoned, neglected or
annually by the LGUs in coordination with the LCPC. abused by his parents, or in the event that the parents
Results of the assessment shall be submitted by the will not comply with the prevention program, the
provincial and city governments to the JJWC not later proper petition for involuntary commitment shall be
than March 30 of every year. filed by the DSWD or the Local Social Welfare and
Development Office pursuant to Presidential Decree
SEC. 19. Community-based Programs on
No. 603, otherwise ,known as "The Child and Youth
Juvenile Justice and Welfare. - Community-
Welfare Code".
based programs on juvenile justice and welfare shall
be instituted by the LGUs through the LCPC, school,
youth organizations and other concerned agencies.
The LGUs shall provide community-based services
which respond to the special needs, problems, TITLE V
interests and concerns of children and which offer JUVENILE JUSTICE AND WELFARE SYSTEM
appropriate counseling and guidance to them and
their families. These programs shall consist of three CHAPTER I
levels: INITIAL CONTACT WITH THE CHILD

(a) Primary intervention includes general measures to SEC. 21. Procedure for Taking the Child into
promote social justice and equal opportunity, which Custody. - From the moment a child is taken into
tackle perceived root causes of offending; custody, the law enforcement officer shall:

(b) Secondary intervention includes measures to (a) Explain to the child in simple language and in a
assist children at risk; and dialect that he/she can understand why he/she is
being placed under custody and the offense that
(c) Tertiary intervention includes measures to avoid he/she allegedly committed;
unnecessary contact with the formal justice system
and other measures to prevent re-offending. (b) Inform the child of the reason for such custody
and advise the child of his/her constitutional rights in
a language or dialect understood by him/her;
(e) Properly identify himself/herself and present medical examination or the failure to submit a child to
proper identification to the child; such examination; and

(d) Refrain from using vulgar or profane words and (m) Ensure that all statements signed by the child
from sexually harassing or abusing, or making sexual during investigation shall be witnessed by the child's
advances on the child in conflict with the law; parents or guardian, social worker, or legal counsel in
attendance who shall affix his/her signature to the
(e) Avoid displaying or using any firearm, weapon, said statement.
handcuffs or other instruments of force or restraint,
unless absolutely necessary and only after all other A child in conflict with the law shall only be searched
methods of control have been exhausted and have by a law enforcement officer of the same gender and
failed; shall not be locked up in a detention cell.

(f) Refrain from subjecting the child in conflict with SEC. 22. Duties During Initial Investigation. -
the law to greater restraint than is necessary for The law enforcement officer shall, in his/her
his/her apprehension; investigation, determine where the case involving the
child in conflict with the law should be referred.
(g) Avoid violence or unnecessary force;
The taking of the statement of the child shall be
(h) Determine the age of the child pursuant to Section conducted in the presence of the following: (1) child's
7 of this Act; counsel of choice or in the absence thereof, a lawyer
from the Public Attorney's Office; (2) the child's
(i) Immediately but not later than eight (8) hours after parents, guardian, or nearest relative, as the case may
apprehension, turn over custody of the child to the be; and (3) the local social welfare and development
Social Welfare and Development Office or other officer. In the absence of the child's parents, guardian,
accredited NGOs, and notify the child's apprehension. or nearest relative, and the local social welfare and
The social welfare and development officer shall development officer, the investigation shall be
explain to the child and the child's parents/guardians conducted in the presence of a representative of an
the consequences of the child's act with a view NGO, religious group, or member of the BCPC.
towards counseling and rehabilitation, diversion from
the criminal justice system, and reparation, if After the initial investigation, the local social worker
appropriate; conducting the same may do either of the following:

(j) Take the child immediately to the proper medical (a) Proceed in accordance with Section 20 if the child
and health officer for a thorough physical and mental is fifteen (15) years or below or above fifteen (15) but
examination. The examination results shall be kept below eighteen (18) years old, who acted without
confidential unless otherwise ordered by the Family discernment; and
Court. Whenever the medical treatment is required,
steps shall be immediately undertaken to provide the (b) If the child is above fifteen (15) years old but below
same; eighteen (18) and who acted with discernment,
proceed to diversion under the following chapter.
(k) Ensure that should detention of the child in
conflict with the law be necessary, the child shall be CHAPTER 2
secured in quarters separate from that of the opposite DIVERSION
sex and adult offenders;
SEC. 23. System of Diversion. - Children in
(l) Record the following in the initial investigation: conflict with the law shall undergo diversion
programs without undergoing court proceedings
1. Whether handcuffs or other instruments of restraint subject to the conditions herein provided:
were used, and if so, the reason for such;
(a) Where the imposable penalty for the crime
2. That the parents or guardian of a child, the DSWD, committee is not more than six (6) years
and the PA0 have been informed of the apprehension imprisonment, the law enforcement officer or Punong
and the details thereof; and Barangay with the assistance of the local social
welfare and development officer or other members of
3. The exhaustion of measures to determine the age of the LCPC shall conduct mediation, family
a child and the precise details of the physical and
conferencing and conciliation and, where appropriate, The child shall present himself/herself to the
adopt indigenous modes of conflict resolution in competent authorities that imposed the diversion
accordance with the best interest of the child with a program at least once a month for reporting and
view to accomplishing the objectives of restorative evaluation of the effectiveness of the program.
justice and the formulation of a diversion program.
The child and his/her family shall be present in these Failure to comply with the terms and conditions of the
activities. contract of diversion, as certified by the local social
welfare and development officer, shall give the
(b) In victimless crimes where the imposable penalty offended party the option to institute the appropriate
is not more than six (6) years imprisonment, the local legal action.
social welfare and development officer shall meet with
the child and his/her parents or guardians for the The period of prescription of the offense shall be
development of the appropriate diversion and suspended during the effectivity of the diversion
rehabilitation program, in coordination with the program, but not exceeding a period of two (2) years.
BCPC;
SEC. 27. Duty of the Punong Barangay When
(c) Where the imposable penalty for the crime There is No Diversion. - If the offense does not fall
committed exceeds six (6) years imprisonment, under Section 23(a) and (b), or if the child, his/her
diversion measures may be resorted to only by the parents or guardian does not consent to a diversion,
court. the Punong Barangay handling the case shall, within
three (3) days from determination of the absence of
SEC. 24. Stages Where Diversion May be jurisdiction over the case or termination of the
Conducted. - Diversion may be conducted at the diversion proceedings, as the case may be, forward the
Katarungang Pambarangay, the police investigation or records of the case of the child to the law enforcement
the inquest or preliminary investigation stage and at officer, prosecutor or the appropriate court, as the
all 1evels and phases of the proceedings including case may be. Upon the issuance of the corresponding
judicial level. document, certifying to the fact that no agreement has
been reached by the parties, the case shall be filed
SEC. 25. Conferencing, Mediation and according to the regular process.
Conciliation. - A child in conflict with law may
undergo conferencing, mediation or conciliation SEC. 28. Duty of the Law Enforcement Officer
outside the criminal justice system or prior to his When There is No Diversion. - If the offense does
entry into said system. A contract of diversion may be not fall under Section 23(a) and (b), or if the child,
entered into during such conferencing, mediation or his/her parents or guardian does not consent to a
conciliation proceedings. diversion, the Women and Children Protection Desk
of the PNP, or other law enforcement officer handling
SEC. 26. Contract of Diversion. - If during the the case of the child under custody, to the prosecutor
conferencing, mediation or conciliation, the child or judge concerned for the conduct of inquest and/or
voluntarily admits the commission of the act, a preliminary investigation to determine whether or not
diversion program shall be developed when the child should remain under custody and
appropriate and desirable as determined under correspondingly charged in court. The document
Section 30. Such admission shall not be used against transmitting said records shall display the word
the child in any subsequent judicial, quasi-judicial or "CHILD" in bold letters.
administrative proceedings. The diversion program
shall be effective and binding if accepted by the SEC. 29. Factors in Determining Diversion
parties concerned. The acceptance shall be in writing Program. - In determining whether diversion is
and signed by the parties concerned and the appropriate and desirable, the following factors shall
appropriate authorities. The local social welfare and be taken into consideration:
development officer shall supervise the
implementation of the diversion program. The (a) The nature and circumstances of the offense
diversion proceedings shall be completed within forty- charged;
five (45) days. The period of prescription of the
offense shall be suspended until the completion of the (b) The frequency and the severity of the act;
diversion proceedings but not to exceed forty-five (45)
(c) The circumstances of the child (e.g. age, maturity,
days.
intelligence, etc.);
(d) The influence of the family and environment on (ii) problem solving and/or conflict resolution skills;
the growth of the child;
(iii) values formation; and
(e) The reparation of injury to the victim;
(iv) other skills which will aid the child in dealing with
(f) The weight of the evidence against the child; situations which can lead to repetition of the offense;

(g) The safety of the community; and (8) Participation in available community-based
programs, including community service; or
(h) The best interest of the child.
(9) Participation in education, vocation and life skills
SEC. 30. Formulation of the Diversion programs.
Program. - In formulating a diversion program, the
individual characteristics and the peculiar (b) At the level of the law enforcement officer and the
circumstances of the child in conflict with the law prosecutor:
shall be used to formulate an individualized
treatment. (1) Diversion programs specified under paragraphs
(a)(1) to (a)(9) herein; and
The following factors shall be considered in
formulating a diversion program for the child: (2) Confiscation and forfeiture of the proceeds or
instruments of the crime;
(a) The child's feelings of remorse for the offense
he/she committed; (c) At the level of the appropriate court:

(b) The parents' or legal guardians' ability to guide (1) Diversion programs specified under
and supervise the child; paragraphs(a)and (b) above;

(c) The victim's view about the propriety of the (2) Written or oral reprimand or citation;
measures to be imposed; and
(3) Fine:
(d) The availability of community-based programs for
rehabilitation and reintegration of the child. (4) Payment of the cost of the proceedings; or

SEC. 31. Kinds of Diversion Programs. - The (5) Institutional care and custody.
diversion program shall include adequate socio-
CHAPTER 3
cultural and psychological responses and services for
PROSECUTION
the child. At the different stages where diversion may
be resorted to, the following diversion programs may
SEC. 32. Duty of the Prosecutor's Office. -
be agreed upon, such as, but not limited to:
There shall be a specially trained prosecutor to
conduct inquest, preliminary investigation and
(a) At the level of the Punong Barangay:
prosecution of cases involving a child in conflict with
(1) Restitution of property; the law. If there is an allegation of torture or ill-
treatment of a child in conflict with the law during
(2) Reparation of the damage caused; arrest or detention, it shall be the duty of the
prosecutor to investigate the same.
(3) Indemnification for consequential damages;
SEC. 33. Preliminary Investigation and Filing
(4) Written or oral apology; of Information. - The prosecutor shall conduct a
preliminary investigation in the following instances:
(5) Care, guidance and supervision orders; (a) when the child in conflict with the law does not
qualify for diversion: (b) when the child, his/her
(6) Counseling for the child in conflict with the law parents or guardian does not agree to diversion as
and the child's family; specified in Sections 27 and 28; and (c) when
considering the assessment and recommendation of
(7)Attendance in trainings, seminars and lectures on:
the social worker, the prosecutor determines that
(i) anger management skills;
diversion is not appropriate for the child in conflict by the government in the province, city or
with the law. municipality within the jurisdiction of the court. The
center or agency concerned shall be responsible for
Upon serving the subpoena and the affidavit of the child's appearance in court whenever required.
complaint, the prosecutor shall notify the Public
Attorney's Office of such service, as well as the SEC. 37. Diversion Measures. - Where the
personal information, and place of detention of the maximum penalty imposed by law for the offense with
child in conflict with the law. which the child in conflict with the law is charged is
imprisonment of not more than twelve (12) years,
Upon determination of probable cause by the regardless of the fine or fine alone regardless of the
prosecutor, the information against the child shall be amount, and before arraignment of the child in
filed before the Family Court within forty-five (45) conflict with the law, the court shall determine
days from the start of the preliminary investigation. whether or not diversion is appropriate.

CHAPTER 4 SEC. 38. Automatic Suspension of Sentence. -


COURT PROCEEDINGS Once the child who is under eighteen (18) years of age
at the time of the commission of the offense is found
SEC. 34. Bail. - For purposes of recommending the guilty of the offense charged, the court shall
amount of bail, the privileged mitigating circumstance determine and ascertain any civil liability which may
of minority shall be considered. have resulted from the offense committed. However,
instead of pronouncing the judgment of conviction,
SEC. 35. Release on Recognizance. - Where a
the court shall place the child in conflict with the law
child is detained, the court shall order:
under suspended sentence, without need of
application: Provided, however, That suspension of
(a) the release of the minor on recognizance to his/her
sentence shall still be applied even if the juvenile is
parents and other suitable person;
already eighteen years (18) of age or more at the time
(b) the release of the child in conflict with the law on of the pronouncement of his/her guilt.
bail; or
Upon suspension of sentence and after considering
(c) the transfer of the minor to a youth detention the various chcumstances of the child, the court shall
home/youth rehabilitation center. impose the appropriate disposition measures as
provided in the Supreme Court Rule on Juveniles in
The court shall not order the detention of a child in a Conflict with the Law.
jail pending trial or hearing of his/her case.
SEC. 39. Discharge of the Child in Conflict
SEC. 36. Detention of the Child Pending with the Law. - Upon the recommendation of the
Trial. - Children detained pending trial may be social worker who has custody of the child, the court
released on bail or recognizance as provided for under shall dismiss the case against the child whose
Sections 34 and 35 under this Act. In all other cases sentence has been suspended and against whom
and whenever possible, detention pending trial may disposition measures have been issued, and shall
be replaced by alternative measures, such as close order the final discharge of the child if it finds that the
supervision, intensive care or placement with a family objective of the disposition measures have been
or in an educational setting or home. fulfilled.
Institutionalization or detention of the child pending
trial shall be used only as a measure of last resort and The discharge of the child in conflict with the law shall
for the shortest possible period of time. not affect the civil liability resulting from the
commission of the offense, which shall be enforced in
Whenever detention is necessary, a child will always accordance with law.
be detained in youth detention homes established by
local governments, pursuant to Section 8 of the SEC. 40. Return of the Child in Conflict with
Family Courts Act, in the city or municipality where the Law to Court. - If the court finds that the
the child resides. objective of the disposition measures imposed upon
the child in conflict with the law have not been
In the absence of a youth detention home, the child in fulfilled, or if the child in conflict with the law has
conflict with the law may be committed to the care of willfully failed to comply with the conditions of
the DSWD or a local rehabilitation center recognized his/her disposition or rehabilitation program, the
child in conflict with the law shall be brought before the same offender as an adult, except when beneficial
the court for execution of judgment. for the offender and upon his/her written consent.

If said child in conflict with the law has reached A person who has been in conflict with the law as a
eighteen (18) years of age while under suspended child shall not be held under any provision of law, to
sentence, the court shall determine whether to be guilty of perjury or of concealment or
discharge the child in accordance with this Act, to misrepresentation by reason of his/her failure to
order execution of sentence, or to extend the acknowledge the case or recite any fact related thereto
suspended sentence for a certain specified period or in response to any inquiry made to him/her for any
until the child reaches the maximum age of twenty- purpose.
one (21) years.

SEC. 41. Credit in Service of Sentence. - The


child in conflict with the law shall be credited in the
services of his/her sentence with the full time spent in TITLE VI
actual commitment and detention under this Act. REHABILITATION AND REINTEGRATION

SEC. 42. Probation as an Alternative to SEC. 44. Objective of Rehabilitation and


Imprisonment. - The court may, after it shall have Reintegration. - The objective of rehabilitation and
convicted and sentenced a child in conflict with the reintegration of children in conflict with the law is to
law, and upon application at any time, place the child provide them with interventions, approaches and
on probation in lieu of service of his/her sentence strategies that will enable them to improve their social
taking into account the best interest of the child. For functioning with the end goal of reintegration to their
this purpose, Section 4 of Presidential Decree No. families and as productive members of their
968, otherwise known as the "Probation Law of 1976", communities.
is hereby amended accordingly.
SEC. 45. Court Order Required. - No child shall
CHAPTER 5 be received in any rehabilitation or training facility
CONFIDENTIALITY OF RECORDS AND without a valid order issued by the court after a
PROCEEDINGS hearing for the purpose. The details of this order shall
be immediately entered in a register exclusively for
SEC. 43. Confedentiality of Records and children in conflict with the law. No child shall be
Proceedings. - All records and proceedings admitted in any facility where there is no such
involving children in conflict with the law from initial register.
contact until final disposition of the case shall be
considered privileged and confidential. The public SEC. 46, Separate Facilities from Adults. - In
shall be excluded during the proceedings and the all rehabilitation or training facilities, it shall be
records shall not be disclosed directly or indirectly to mandatory that children shall be separated from
anyone by any of the parties or the participants in the adults unless they are members of the same family.
proceedings for any purpose whatsoever, except to Under no other circumstance shall a child in conflict
determine if the child in conflict with the law may with the law be placed in the same confinement as
have his/hes sentence suspended or if he/she may be adults.
granted probation under the Probation Law, or to
enforce the civil liability imposed in the criminal The rehabilitation, training or confinement area of
action. children in conflict with the law shall provide a home
environment where children in conflict with the law
The component authorities shall undertake all can be provided with quality counseling and
measures to protect this confidentiality of treatment.
proceedings, including non-disclosure of records to
the media, maintaining a separate police blotter for SEC. 47. Female Children. - Female children in
cases involving children in conflict with the law and conflict with the law placed in an institution shall be
adopting a system of coding to conceal material given special attention as to their personal needs and
information which will lead to the child's identity. problems. They shall be handled by female doctors,
Records of a child in conflict with the law shall not be correction officers and social workers, and shall be
used in subsequent proceedings for cases involving accommodated separately from male children in
conflict with the law.
SEC. 48. Gender-Sensitivity Training. - No the court, undergo any or a combination of
personnel of rehabilitation and training facilities shall disposition measures best suited to the rehabilitation
handle children in conflict with the law without and welfare of the child as provided in the Supreme
having undergone gender sensitivity training. Court Rule on Juveniles in Conflict with the Law.

SEC. 49. Establishment of Youth Detention If the community-based rehabilitation is availed of by


Homes. - The LGUs shall set aside an amount to a child in conflict with the law, he/she shall be
build youth detention homes as mandated by the released to parents, guardians, relatives or any other
Family Courts Act. Youth detention homes may also responsible person in the community. Under the
be established by private and NGOs licensed and supervision and guidance of the local social welfare
accredited by the DSWD, in consultation with the and development officer, and in coordination with
JJWC. his/her parents/guardian, the child in conflict with
the law shall participate in community-based
SEC. 50. Care and Maintenance of the Child in programs, which shall include, but not limited to:
Conflict with the Law. - The expenses for the care
and maintenance of a child in conflict with the law (1) Competency and life skills development;
under institutional care shall be borne by his/her
parents or those persons liable to support (2) Socio-cultural and recreational activities;
him/her: Provided, That in case his/her parents or
those persons liable to support him/her cannot pay all (3) Community volunteer projects;
or part of said expenses, the municipality where the
(4) Leadership training;
offense was committed shall pay one-third (1/3) of
said expenses or part thereof; the province to which
(5) Social services;
the municipality belongs shall pay one-third (1/3) and
the remaining one-third (1/3) shall be borne by the (6) Homelife services;
national government. Chartered cities shall pay two-
thirds (2/3) of said expenses; and in case a chartered (7) Health services; .
city cannot pay said expenses, part of the internal
revenue allotments applicable to the unpaid portion (8) Spiritual enrichment; and
shall be withheld and applied to the settlement of said
obligations: Provided, further, That in the event that (9) Community and family welfare services.
the child in conflict with the law is not a resident of
the municipality/city where the offense was In accordance therewith, the family of the child in
committed, the court, upon its determination, may conflict with the law shall endeavor to actively
require the city/municipality where the child in participate in the community-based rehabilitation.
conflict with the law resides to shoulder the cost.
Based on the progress of the youth in the community,
All city and provincial governments must exert effort a final report will be forwarded by the local social
for the immediate establishment of local detention welfare and development officer to the court for final
homes for children in conflict with the law. disposition of the case.

SEC. 51. Confinement of Convicted Children in If the community-based programs are provided as
Agricultural Camps and other Training diversion measures under Chapter II, Title V, the
Facilities. - A child programs enumerated above shall be made available
to the child in conflict with the law.
in conflict with the law may, after conviction and upon
order of the court, be made to serve his/her sentence, SEC. 53. Youth Rehabilitation Center. - The
in lieu of confinement in a regular penal institution, in youth rehabilitation center shall provide 24-hour
an agricultural camp and other training facilities that group care, treatment and rehabilitation services
may be established, maintained, supervised and under the guidance of a trained staff where residents
controlled by the BUCOR, in coordination with the are cared for under a structured therapeutic
DSWD. environment with the end view of reintegrating them
in their families and communities as socially
SEC. 52. Rehabilitation of Children in Conflict functioning individuals. A quarterly report shall be
with the Law. - Children in conflict with the law, submitted by the center to the proper court on the
whose sentences are suspended may, upon order of progress of the children in conflict with the law. Based
on the progress of the youth in the center, a final TITLE VII
report will be forwarded to the court for final GENERAL PROVISIONS
disposition of the case. The DSWD shall establish
youth rehabilitation centers in each region of the CHAPTER 1
country. EXEMPTING PROVISIONS

SEC. 54. Objectives of Community Based SEC. 57. Status Offenees. - Any conduct not
Programs. - The objectives of community-based considered an offense or not penalized if committed
programs are as follows: by an adult shall not be considered an offense and
shall not be punished if committed by a child.
(a) Prevent disruption in the education or means of
livelihood of the child in conflict with the law in case SEC. 58. Offenses Not Applicable to Children. -
he/she is studying, working or attending vocational Persons below eighteen (18) years of age shall be
learning institutions; exempt from prosecution for the crime of vagrancy
and prostitution under Section 202 of the Revised
(b) Prevent separation of the child in conflict with the Penal Code, of mendicancy under Presidential Decree
law from his/her parents/guardians to maintain the No. 1563, and sniffing of rugby under Presidential
support system fostered by their relationship and to Decree No. 1619, such prosecution being inconsistent
create greater awareness of their mutual and with the United Nations Convention on the Rights of
reciprocal responsibilities; the Child: Provided, That said persons shall undergo
appropriate counseling and treatment program.
(c) Facilitate the rehabilitation and mainstreaming of
the child in conflict with the law and encourage SEC. 59. Exemption from the Application of
community support and involvement; and Death Penalty. - The provisions of the Revised
Penal Code, as amended, Republic Act No. 9165,
(d) Minimize the stigma that attaches to the child in otherwise known as the Comprehensive Dangerous
conflict with the law by preventing jail detention. Drugs Act of 2002, and other special laws
notwithstanding, no death penalty shall be imposed
SEC. 55. Criteria of Community-Based upon children in conflict with the law.
Programs. - Every LGU shall establish community-
based programs that will focus on the rehabilitation CHAPTER 2
and reintegration of the child. All programs shall meet PROHIBITED ACTS
the criteria to be established by the JJWC which shall
take into account the purpose of the program, the SEC. 60. Prohibition Against Labeling and
need for the consent of the child and his/her parents Shaming. - In the conduct of the proceedings
or legal guardians, and the participation of the child- beginning from the initial contact with the child, the
centered agencies whether public or private. competent authorities must refrain from branding or
labeling children as young criminals, juvenile
SEC. 56. After-Care Support Services for delinquents, prostitutes or attaching to them in any
Children in Conflict with the Law. - Children in manner any other derogatory names. Likewise, no
conflict with the law whose cases have been dismissed discriminatory remarks and practices shall be allowed
by the proper court because of good behavior as per particularly with respect to the child's class or ethnic
recommendation of the DSWD social worker and/or origin.
any accredited NGO youth rehabilitation center shall
be provided after-care services by the local social SEC. 61. Other Prohibited Acts. - The following
welfare and development officer for a period of at and any other similar acts shall be considered
least six (6) months. The service includes counseling prejudicial and detrimental to the psychological,
and other community-based services designed to emotional, social, spiritual, moral and physical health
facilitate social reintegration, prevent re-offending and well-being of the child in conflict with the law and
and make the children productive members of the therefore, prohibited:
community.
(a) Employment of threats of whatever kind and
nature;
(b) Employment of abusive, coercive and punitive TITLE VIII
measures such as cursing, beating, stripping, and TRANSITORY PROVISIONS
solitary confinement;
SEC. 64. Children in Conflict with the Law
(c) Employment of degrading, inhuman end cruel Fifteen (15) Years Old and Below. - Upon
forms of punishment such as shaving the heads, effectivity of this Act, cases of children fifteen (15)
pouring irritating, corrosive or harmful substances years old and below at the time of the commission of
over the body of the child in conflict with the law, or the crime shall immediately be dismissed and the
forcing him/her to walk around the community child shall be referred to the appropriate local social
wearing signs which embarrass, humiliate, and welfare and development officer. Such officer, upon
degrade his/her personality and dignity; and thorough assessment of the child, shall determine
whether to release the child to the custody of his/her
(d) Compelling the child to perform involuntary parents, or refer the child to prevention programs as
servitude in any and all forms under any and all provided under this Act. Those with suspended
instances. sentences and undergoing rehabilitation at the youth
rehabilitation center shall likewise be released, unless
CHAPTER 3 it is contrary to the best interest of the child.
PENAL PROVISION
SEC. 65. Children Detained Pending Dial. - If
SEC. 62. Violation of the Provisions of this Act the child is detained pending trial, the Family Court
or Rules or Regulations in General. - Any shall also determine whether or not continued
person who violates any provision of this Act or any detention is necessary and, if not, determine
rule or regulation promulgated in accordance thereof appropriate alternatives for detention.
shall, upon conviction for each act or omission, be
punished by a fine of not less than Twenty thousand If detention is necessary and he/she is detained with
pesos (P20,000.00) but not more than Fifty thousand adults, the court shall immediately order the transfer
pesos (P50,000.00) or suffer imprisonment of not of the child to a youth detention home.
less than eight (8) years but not more than ten (10)
years, or both such fine and imprisonment at the SEC. 66. Inventory of "Locked-up" and
discretion of the court, unless a higher penalty is Detained Children in Conflict with the Law. -
provided for in the Revised Penal Code or special The PNP, the BJMP and the BUCOR are hereby
laws. If the offender is a public officer or employee, directed to submit to the JJWC, within ninety (90)
he/she shall, in addition to such fine and/or days from the effectivity of this Act, an inventory of all
imprisonment, be held administratively liable and children in conflict with the law under their custody.
shall suffer the penalty of perpetual absolute
disqualification. SEC. 67. Children Who Reach the Age of
Eighteen (18) Years Pending Diversion and
CHAPTER 4 Court Proceedings. - If a child reaches the age of
APPROPRIATION PROVISION eighteen (18) years pending diversion and court
proceedings, the appropriate diversion authority in
SEC. 63. Appropriations. - The amount necessary consultation with the local social welfare and
to carry out the initial implementation of this Act shall development officer or the Family Court in
be charged to the Office of the President. Thereafter, consultation with the Social Services and Counseling
such sums as may be necessary for the continued Division (SSCD) of the Supreme Court, as the case
implementation of this Act shall be included in the may be, shall determine the appropriate disposition.
succeeding General Appropriations Act. In case the appropriate court executes the judgment
of conviction, and unless the child in conflict the law
An initial amount of Fifty million pesos has already availed of probation under Presidential
(P50,000,000.00) for the purpose of setting up the Decree No. 603 or other similar laws, the child may
JJWC shall be taken from the proceeds of the apply for probation if qualified under the provisions of
Philippine Charity Sweepstakes Office. the Probation Law.

SEC. 68. Children Who Have Been Convicted


and are Serving Sentence. - Persons who have
been convicted and are serving sentence at the time of
the effectivity of this Act, and who were below the age
of eighteen (18) years at the time the commission of Section 2. Declaration of Policy. – It is the policy of
the offense for which they were convicted and are the State to safeguard the integrity of its territory and
serving sentence, shall likewise benefit from the the well-being of its citizenry particularly the youth,
retroactive application of this Act. They shall be from the harmful effects of dangerous drugs on their
entitled to appropriate dispositions provided under physical and mental well-being, and to defend the
this Act and their sentences shall be adjusted same against acts or omissions detrimental to their
accordingly. They shall be immediately released if development and preservation. In view of the
they are so qualified under this Act or other applicable foregoing, the State needs to enhance further the
law. 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
TITLE IX trafficking and use of dangerous drugs and other
FINAL PROVISIONS similar substances through an integrated system of
planning, implementation and enforcement of anti-
SEC. 69. Rule Making Power. - The JJWC shall drug abuse policies, programs, and projects. The
issue the IRRs for the implementation of the government shall however aim to achieve a balance in
provisions of this act within ninety (90) days from the the national drug control program so that people with
effectivity thereof. legitimate medical needs are not prevented from
being treated with adequate amounts of appropriate
SEC. 70. Separability Clause. - If, for any reason,
medications, which include the use of dangerous
any section or provision of this Act is declared
drugs.
unconstitutional or invalid by the Supreme Court, the
other sections or provisions hereof not dfected by It is further declared the policy of the State to provide
such declaration shall remain in force and effect. effective mechanisms or measures to re-integrate into
society individuals who have fallen victims to drug
SEC. 71. Repealing Clause. - All existing laws,
abuse or dangerous drug dependence through
orders, decrees, rules and regulations or parts thereof
sustainable programs of treatment and rehabilitation.
inconsistent with the provisions of this Act are hereby
repealed or modified accordingly. ARTICLE I

SEC. 72. Effectivity. - This Act shall take effect Definition of terms
after fifteen (15) days from its publication in at least
two (2) national newspapers of general circulation. 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,
REPUBLIC ACT NO. 9165 June 7, 2002
ingestion or other means, or of committing any act of
indispensable assistance to a person in administering
AN ACT INSTITUTING THE
a dangerous drug to himself/herself unless
COMPREHENSIVE DANGEROUS DRUGS ACT
administered by a duly licensed practitioner for
OF 2002, REPEALING REPUBLIC ACT NO.
purposes of medication.
6425, OTHERWISE KNOWN AS THE
DANGEROUS DRUGS ACT OF 1972, AS
(b) Board. - Refers to the Dangerous Drugs Board
AMENDED, PROVIDING FUNDS THEREFOR,
under Section 77, Article IX of this Act.
AND FOR OTHER PURPOSES
(c) Centers. - Any of the treatment and rehabilitation
Be it enacted by the Senate and House of
centers for drug dependents referred to in Section 34,
Representatives of the Philippines in Congress
Article VIII of this Act.
Section 1. Short Title. – This Act shall be known and
(d) Chemical Diversion. – The sale, distribution,
cited as the "Comprehensive Dangerous Drugs Act of
supply or transport of legitimately imported, in-
2002".
transit, manufactured or procured controlled
precursors and essential chemicals, in diluted, for illegal purposes, distributed, sold or used in any
mixtures or in concentrated form, to any person or form.
entity engaged in the manufacture of any dangerous
drug, and shall include packaging, repackaging, (m) Dispense. – Any act of giving away, selling or
labeling, relabeling or concealment of such distributing medicine or any dangerous drug with or
transaction through fraud, destruction of documents, without the use of prescription.
fraudulent use of permits, misdeclaration, use of front
companies or mail fraud. (n) Drug Dependence. – As based on the World
Health Organization definition, it is a cluster of
(e) Clandestine Laboratory. – Any facility used for the physiological, behavioral and cognitive phenomena of
illegal manufacture of any dangerous drug and/or variable intensity, in which the use of psychoactive
controlled precursor and essential chemical. drug takes on a high priority thereby involving, among
others, a strong desire or a sense of compulsion to
(f) Confirmatory Test. – An analytical test using a take the substance and the difficulties in controlling
device, tool or equipment with a different chemical or substance-taking behavior in terms of its onset,
physical principle that is more specific which will termination, or levels of use.
validate and confirm the result of the screening test.
(o) Drug Syndicate. – Any organized group of two (2)
(g) Controlled Delivery. – The investigative technique or more persons forming or joining together with the
of allowing an unlawful or suspect consignment of any intention of committing any offense prescribed under
dangerous drug and/or controlled precursor and this Act.
essential chemical, equipment or paraphernalia, or
property believed to be derived directly or indirectly (p) Employee of Den, Dive or Resort. – The caretaker,
from any offense, to pass into, through or out of the helper, watchman, lookout, and other persons
country under the supervision of an authorized working in the den, dive or resort, employed by the
officer, with a view to gathering evidence to identify maintainer, owner and/or operator where any
any person involved in any dangerous drugs related dangerous drug and/or controlled precursor and
offense, or to facilitate prosecution of that offense. essential chemical is administered, delivered,
distributed, sold or used, with or without
(h) Controlled Precursors and Essential Chemicals. – compensation, in connection with the operation
Include those listed in Tables I and II of the 1988 UN thereof.
Convention Against Illicit Traffic in Narcotic Drugs
and Psychotropic Substances as enumerated in the (q) Financier. – Any person who pays for, raises or
attached annex, which is an integral part of this Act. supplies money for, or underwrites any of the illegal
activities prescribed under this Act.
(i) Cultivate or Culture. – Any act of knowingly
planting, growing, raising, or permitting the planting, (r) Illegal Trafficking. – The illegal cultivation,
growing or raising of any plant which is the source of culture, delivery, administration, dispensation,
a dangerous drug. manufacture, sale, trading, transportation,
distribution, importation, exportation and possession
(j) Dangerous Drugs. – Include those listed in the of any dangerous drug and/or controlled precursor
Schedules annexed to the 1961 Single Convention on and essential chemical.
Narcotic Drugs, as amended by the 1972 Protocol, and
in the Schedules annexed to the 1971 Single (s) Instrument. – Any thing that is used in or intended
Convention on Psychotropic Substances as to be used in any manner in the commission of illegal
enumerated in the attached annex which is an integral drug trafficking or related offenses.
part of this Act.
(t) Laboratory Equipment. – The paraphernalia,
(k) Deliver. – Any act of knowingly passing a apparatus, materials or appliances when used,
dangerous drug to another, personally or otherwise, intended for use or designed for use in the
and by any means, with or without consideration. manufacture of any dangerous drug and/or controlled
precursor and essential chemical, such as reaction
(l) Den, Dive or Resort. – A place where any vessel, preparative/purifying equipment, fermentors,
dangerous drug and/or controlled precursor and separatory funnel, flask, heating mantle, gas
essential chemical is administered, delivered, stored generator, or their substitute.
(u) Manufacture. – The production, preparation, (z) Opium Poppy. – Refers to any part of the plant of
compounding or processing of any dangerous drug the species Papaver somniferum L., Papaver
and/or controlled precursor and essential chemical, setigerum DC, Papaver orientale, Papaver
either directly or indirectly or by extraction from bracteatum and Papaver rhoeas, which includes the
substances of natural origin, or independently by seeds, straws, branches, leaves or any part thereof, or
means of chemical synthesis or by a combination of substances derived therefrom, even for floral,
extraction and chemical synthesis, and shall include decorative and culinary purposes.
any packaging or repackaging of such substances,
design or configuration of its form, or labeling or (aa) PDEA. – Refers to the Philippine Drug
relabeling of its container; except that such terms do Enforcement Agency under Section 82, Article IX of
not include the preparation, compounding, packaging this Act.
or labeling of a drug or other substances by a duly
authorized practitioner as an incident to his/her (bb) Person. – Any entity, natural or juridical,
administration or dispensation of such drug or including among others, a corporation, partnership,
substance in the course of his/her professional trust or estate, joint stock company, association,
practice including research, teaching and chemical syndicate, joint venture or other unincorporated
analysis of dangerous drugs or such substances that organization or group capable of acquiring rights or
are not intended for sale or for any other purpose. entering into obligations.

(v) Cannabis or commonly known as "Marijuana" or (cc) Planting of Evidence. – The willful act by any
"Indian Hemp" or by its any other name. – Embraces person of maliciously and surreptitiously inserting,
every kind, class, genus, or specie of the placing, adding or attaching directly or indirectly,
plant Cannabis sativa L. including, but not limited through any overt or covert act, whatever quantity of
to, Cannabis americana, hashish, bhang, guaza, any dangerous drug and/or controlled precursor and
churrus and ganjab, and embraces every kind, class essential chemical in the person, house, effects or in
and character of marijuana, whether dried or fresh the immediate vicinity of an innocent individual for
and flowering, flowering or fruiting tops, or any part the purpose of implicating, incriminating or imputing
or portion of the plant and seeds thereof, and all its the commission of any violation of this Act.
geographic varieties, whether as a reefer, resin,
(dd) Practitioner. – Any person who is a licensed
extract, tincture or in any form whatsoever.
physician, dentist, chemist, medical technologist,
(w) Methylenedioxymethamphetamine (MDMA) or nurse, midwife, veterinarian or pharmacist in the
commonly known as "Ecstasy", or by its any other Philippines.
name. – Refers to the drug having such chemical
(ee) Protector/Coddler. – Any person who knowingly
composition, including any of its isomers or
and willfully consents to the unlawful acts provided
derivatives in any form.
for in this Act and uses his/her influence, power or
(x) Methamphetamine Hydrochloride or commonly position in shielding, harboring, screening or
known as "Shabu", "Ice", "Meth", or by its any other facilitating the escape of any person he/she knows, or
name. – Refers to the drug having such chemical has reasonable grounds to believe on or suspects, has
composition, including any of its isomers or violated the provisions of this Act in order to prevent
derivatives in any form. the arrest, prosecution and conviction of the violator.

(y) Opium. – Refers to the coagulated juice of the (ff) Pusher. – Any person who sells, trades,
opium poppy (Papaver somniferum L.) and embraces administers, dispenses, delivers or gives away to
every kind, class and character of opium, whether another, on any terms whatsoever, or distributes,
crude or prepared; the ashes or refuse of the same; dispatches in transit or transports dangerous drugs or
narcotic preparations thereof or therefrom; morphine who acts as a broker in any of such transactions, in
or any alkaloid of opium; preparations in which violation of this Act.
opium, morphine or any alkaloid of opium enters as
(gg) School. – Any educational institution, private or
an ingredient; opium poppy; opium poppy straw; and
public, undertaking educational operation for
leaves or wrappings of opium leaves, whether
pupils/students pursuing certain studies at defined
prepared for use or not.
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 The maximum penalty provided for under this Section
establish potential/presumptive positive result. shall be imposed upon any person, who organizes,
manages or acts as a "financier" of any of the illegal
(ii) Sell. – Any act of giving away any dangerous drug activities prescribed in this Section.
and/or controlled precursor and essential chemical
whether for money or any other consideration. The penalty of twelve (12) years and one (1) day to
twenty (20) years of imprisonment and a fine ranging
(jj) Trading. – Transactions involving the illegal from One hundred thousand pesos (P100,000.00) to
trafficking of dangerous drugs and/or controlled Five hundred thousand pesos (P500,000.00) shall be
precursors and essential chemicals using electronic imposed upon any person, who acts as a
devices such as, but not limited to, text messages, "protector/coddler" of any violator of the provisions
email, mobile or landlines, two-way radios, internet, under this Section.
instant messengers and chat rooms or acting as a
broker in any of such transactions whether for money Section 5. Sale, Trading, Administration,
or any other consideration in violation of this Act. Dispensation, Delivery, Distribution and
Transportation of Dangerous Drugs and/or
(kk) Use. – Any act of injecting, intravenously or Controlled Precursors and Essential Chemicals. - The
intramuscularly, of consuming, either by chewing, penalty of life imprisonment to death and a fine
smoking, sniffing, eating, swallowing, drinking or ranging from Five hundred thousand pesos
otherwise introducing into the physiological system of (P500,000.00) to Ten million pesos
the body, and of the dangerous drugs. (P10,000,000.00) shall be imposed upon any person,
who, unless authorized by law, shall sell, trade,
ARTICLE II administer, dispense, deliver, give away to another,
distribute dispatch in transit or transport any
Unlawful Acts and Penalties
dangerous drug, including any and all species of
opium poppy regardless of the quantity and purity
Section 4. Importation of Dangerous Drugs and/or
involved, or shall act as a broker in any of such
Controlled Precursors and Essential Chemicals.- .The
transactions.
penalty of life imprisonment to death and a ranging
from Five hundred thousand pesos (P500,000.00) to
The penalty of imprisonment ranging from twelve (12)
Ten million pesos (P10,000,000.00) shall be imposed
years and one (1) day to twenty (20) years and a fine
upon any person, who, unless authorized by law, shall
ranging from One hundred thousand pesos
import or bring into the Philippines any dangerous
(P100,000.00) to Five hundred thousand pesos
drug, regardless of the quantity and purity involved,
(P500,000.00) shall be imposed upon any person,
including any and all species of opium poppy or any
who, unless authorized by law, shall sell, trade,
part thereof or substances derived therefrom even for
administer, dispense, deliver, give away to another,
floral, decorative and culinary purposes.
distribute, dispatch in transit or transport any
controlled precursor and essential chemical, or shall
The penalty of imprisonment ranging from twelve (12)
act as a broker in such transactions.
years and one (1) day to twenty (20) years and a fine
ranging from One hundred thousand pesos
If the sale, trading, administration, dispensation,
(P100,000.00) to Five hundred thousand pesos
delivery, distribution or transportation of any
(P500,000.00) shall be imposed upon any person,
dangerous drug and/or controlled precursor and
who, unless authorized by law, shall import any
essential chemical transpires within one hundred
controlled precursor and essential chemical.
(100) meters from the school, the maximum penalty
shall be imposed in every case.
The maximum penalty provided for under this Section
shall be imposed upon any person, who, unless
For drug pushers who use minors or mentally
authorized under this Act, shall import or bring into
incapacitated individuals as runners, couriers and
the Philippines any dangerous drug and/or controlled
messengers, or in any other capacity directly
precursor and essential chemical through the use of a
connected to the dangerous drugs and/or controlled
diplomatic passport, diplomatic facilities or any other
precursors and essential chemical trade, the
means involving his/her official status intended to
maximum penalty shall be imposed in every case.
facilitate the unlawful entry of the same. In addition,
the diplomatic passport shall be confiscated and If the victim of the offense is a minor or a mentally
canceled. incapacitated individual, or should a dangerous drug
and/or a controlled precursor and essential chemical property for such purpose: Provided, finally, That the
involved in any offense herein provided be the owner shall be included as an accused in the criminal
proximate cause of death of a victim thereof, the complaint.
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,
The maximum penalty provided for under this Section manages or acts as a "financier" of any of the illegal
shall be imposed upon any person who organizes, activities prescribed in this Section.
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
The penalty of twelve (12) years and one (1) day to from One hundred thousand pesos (P100,000.00) to
twenty (20) years of imprisonment and a fine ranging Five hundred thousand pesos (P500,000.00) shall be
from One hundred thousand pesos (P100,000.00) to imposed upon any person, who acts as a
Five hundred thousand pesos (P500,000.00) shall be "protector/coddler" of any violator of the provisions
imposed upon any person, who acts as a under this Section.
"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
Section 6. Maintenance of a Den, Dive or Resort. - twelve (12) years and one (1) day to twenty (20) years
The penalty of life imprisonment to death and a fine and a fine ranging from One hundred thousand pesos
ranging from Five hundred thousand pesos (P100,000.00) to Five hundred thousand pesos
(P500,000.00) to Ten million pesos (P500,000.00) shall be imposed upon:
(P10,000,000.00) shall be imposed upon any person
or group of persons who shall maintain a den, dive or (a) Any employee of a den, dive or resort, who is
resort where any dangerous drug is used or sold in aware of the nature of the place as such; and
any form.
(b) Any person who, not being included in the
The penalty of imprisonment ranging from twelve (12) provisions of the next preceding, paragraph, is aware
years and one (1) day to twenty (20) years and a fine of the nature of the place as such and shall knowingly
ranging from One hundred thousand pesos visit the same
(P100,000.00) to Five hundred thousand pesos
(P500,000.00) shall be imposed upon any person or Section 8. Manufacture of Dangerous Drugs
group of persons who shall maintain a den, dive, or and/or Controlled Precursors and Essential
resort where any controlled precursor and essential Chemicals. - The penalty of life imprisonment to
chemical is used or sold in any form. death and a fine ranging Five hundred thousand pesos
(P500,000.00) to Ten million pesos
The maximum penalty provided for under this Section (P10,000,000.00) shall be imposed upon any person,
shall be imposed in every case where any dangerous who, unless authorized by law, shall engage in the
drug is administered, delivered or sold to a minor who manufacture of any dangerous drug.
is allowed to use the same in such a place.
The penalty of imprisonment ranging from twelve (12)
Should any dangerous drug be the proximate cause of years and one (1) day to twenty (20) years and a fine
the death of a person using the same in such den, dive ranging from One hundred thousand pesos
or resort, the penalty of death and a fine ranging from (P100,000.00) to Five hundred thousand pesos
One million (P1,000,000.00) to Fifteen million pesos (P500,000.00) shall be imposed upon any person,
(P500,000.00) shall be imposed on the maintainer, who, unless authorized by law, shall manufacture any
owner and/or operator. controlled precursor and essential chemical.

If such den, dive or resort is owned by a third person, The presence of any controlled precursor and
the same shall be confiscated and escheated in favor essential chemical or laboratory equipment in the
of the government: Provided, That the criminal clandestine laboratory is a prima facie proof of
complaint shall specifically allege that such place is manufacture of any dangerous drug. It shall be
intentionally used in the furtherance of the considered an aggravating circumstance if the
crime: Provided, further, That the prosecution shall clandestine laboratory is undertaken or established
prove such intent on the part of the owner to use the under the following circumstances:
(a) Any phase of the manufacturing process was contain or conceal any dangerous drug and/or
conducted in the presence or with the help of minor/s: controlled precursor and essential chemical in
violation of this Act.
(b) Any phase or manufacturing process was
established or undertaken within one hundred (100) The penalty of imprisonment ranging from six (6)
meters of a residential, business, church or school months and one (1) day to four (4) years and a fine
premises; ranging from Ten thousand pesos (P10,000.00) to
Fifty thousand pesos (P50,000.00) shall be imposed if
(c) Any clandestine laboratory was secured or it will be used to inject, ingest, inhale or otherwise
protected with booby traps; introduce into the human body a dangerous drug in
violation of this Act.
(d) Any clandestine laboratory was concealed with
legitimate business operations; or The maximum penalty provided for under this Section
shall be imposed upon any person, who uses a minor
(e) Any employment of a practitioner, chemical or a mentally incapacitated individual to deliver such
engineer, public official or foreigner. equipment, instrument, apparatus and other
paraphernalia for dangerous drugs.
The maximum penalty provided for under this Section
shall be imposed upon any person, who organizes, Section 11. Possession of Dangerous Drugs. - The
manages or acts as a "financier" of any of the illegal penalty of life imprisonment to death and a fine
activities prescribed in this Section. ranging from Five hundred thousand pesos
(P500,000.00) to Ten million pesos
The penalty of twelve (12) years and one (1) day to
(P10,000,000.00) shall be imposed upon any person,
twenty (20) years of imprisonment and a fine ranging
who, unless authorized by law, shall possess any
from One hundred thousand pesos (P100,000.00) to
dangerous drug in the following quantities, regardless
Five hundred thousand pesos (P500,000.00) shall be
of the degree of purity thereof:
imposed upon any person, who acts as a
"protector/coddler" of any violator of the provisions (1) 10 grams or more of opium;
under this Section.
(2) 10 grams or more of morphine;
Section 9. Illegal Chemical Diversion of Controlled
Precursors and Essential Chemicals. - The penalty of (3) 10 grams or more of heroin;
imprisonment ranging from twelve (12) years and one
(1) day to twenty (20) years and a fine ranging from (4) 10 grams or more of cocaine or cocaine
One hundred thousand pesos (P100,000.00) to Five hydrochloride;
hundred thousand pesos (P500,000.00) shall be
imposed upon any person, who, unless authorized by (5) 50 grams or more of methamphetamine
law, shall illegally divert any controlled precursor and hydrochloride or "shabu";
essential chemical.
(6) 10 grams or more of marijuana resin or marijuana
Section 10. Manufacture or Delivery of Equipment, resin oil;
Instrument, Apparatus, and Other Paraphernalia for
Dangerous Drugs and/or Controlled Precursors and (7) 500 grams or more of marijuana; and
Essential Chemicals. - The penalty of imprisonment
(8) 10 grams or more of other dangerous drugs such
ranging from twelve (12) years and one (1) day to
as, but not limited to,
twenty (20) years and a fine ranging from One
methylenedioxymethamphetamine (MDA) or
hundred thousand pesos (P100,000.00) to Five
"ecstasy", paramethoxyamphetamine (PMA),
hundred thousand pesos (P500,000.00) shall be
trimethoxyamphetamine (TMA), lysergic acid
imposed upon any person who shall deliver, possess
diethylamine (LSD), gamma hydroxyamphetamine
with intent to deliver, or manufacture with intent to
(GHB), and those similarly designed or newly
deliver equipment, instrument, apparatus and other
introduced drugs and their derivatives, without
paraphernalia for dangerous drugs, knowing, or under
having any therapeutic value or if the quantity
circumstances where one reasonably should know,
possessed is far beyond therapeutic requirements, as
that it will be used to plant, propagate, cultivate, grow,
determined and promulgated by the Board in
harvest, manufacture, compound, convert, produce,
accordance to Section 93, Article XI of this Act.
process, prepare, test, analyze, pack, repack, store,
Otherwise, if the quantity involved is less than the administering, injecting, ingesting, or introducing any
foregoing quantities, the penalties shall be graduated dangerous drug into the body: Provided, That in the
as follows: case of medical practitioners and various
professionals who are required to carry such
(1) Life imprisonment and a fine ranging from Four equipment, instrument, apparatus and other
hundred thousand pesos (P400,000.00) to Five paraphernalia in the practice of their profession, the
hundred thousand pesos (P500,000.00), if the Board shall prescribe the necessary implementing
quantity of methamphetamine hydrochloride or guidelines thereof.
"shabu" is ten (10) grams or more but less than fifty
(50) grams; The possession of such equipment, instrument,
apparatus and other paraphernalia fit or intended for
(2) Imprisonment of twenty (20) years and one (1) any of the purposes enumerated in the preceding
day to life imprisonment and a fine ranging from Four paragraph shall be prima facie evidence that the
hundred thousand pesos (P400,000.00) to Five possessor has smoked, consumed, administered to
hundred thousand pesos (P500,000.00), if the himself/herself, injected, ingested or used a
quantities of dangerous drugs are five (5) grams or dangerous drug and shall be presumed to have
more but less than ten (10) grams of opium, violated Section 15 of this Act.
morphine, heroin, cocaine or cocaine hydrochloride,
marijuana resin or marijuana resin oil, Section 13. Possession of Dangerous Drugs During
methamphetamine hydrochloride or "shabu", or other Parties, Social Gatherings or Meetings. – Any person
dangerous drugs such as, but not limited to, MDMA found possessing any dangerous drug during a party,
or "ecstasy", PMA, TMA, LSD, GHB, and those or at a social gathering or meeting, or in the
similarly designed or newly introduced drugs and proximate company of at least two (2) persons, shall
their derivatives, without having any therapeutic suffer the maximum penalties provided for in Section
value or if the quantity possessed is far beyond 11 of this Act, regardless of the quantity and purity of
therapeutic requirements; or three hundred (300) such dangerous drugs.
grams or more but less than five (hundred) 500)
grams of marijuana; and Section 14. Possession of Equipment, Instrument,
Apparatus and Other Paraphernalia for Dangerous
(3) Imprisonment of twelve (12) years and one (1) day Drugs During Parties, Social Gatherings or
to twenty (20) years and a fine ranging from Three Meetings. - The maximum penalty provided for in
hundred thousand pesos (P300,000.00) to Four Section 12 of this Act shall be imposed upon any
hundred thousand pesos (P400,000.00), if the person, who shall possess or have under his/her
quantities of dangerous drugs are less than five (5) control any equipment, instrument, apparatus and
grams of opium, morphine, heroin, cocaine or cocaine other paraphernalia fit or intended for smoking,
hydrochloride, marijuana resin or marijuana resin oil, consuming, administering, injecting, ingesting, or
methamphetamine hydrochloride or "shabu", or other introducing any dangerous drug into the body, during
dangerous drugs such as, but not limited to, MDMA parties, social gatherings or meetings, or in the
or "ecstasy", PMA, TMA, LSD, GHB, and those proximate company of at least two (2) persons.
similarly designed or newly introduced drugs and
their derivatives, without having any therapeutic Section 15. Use of Dangerous Drugs. – A person
value or if the quantity possessed is far beyond apprehended or arrested, who is found to be positive
therapeutic requirements; or less than three hundred for use of any dangerous drug, after a confirmatory
(300) grams of marijuana. test, shall be imposed a penalty of a minimum of six
(6) months rehabilitation in a government center for
Section 12. Possession of Equipment, Instrument, the first offense, subject to the provisions of Article
Apparatus and Other Paraphernalia for Dangerous VIII of this Act. If apprehended using any dangerous
Drugs. - The penalty of imprisonment ranging from drug for the second time, he/she shall suffer the
six (6) months and one (1) day to four (4) years and a penalty of imprisonment ranging from six (6) years
fine ranging from Ten thousand pesos (P10,000.00) and one (1) day to twelve (12) years and a fine ranging
to Fifty thousand pesos (P50,000.00) shall be from Fifty thousand pesos (P50,000.00) to Two
imposed upon any person, who, unless authorized by hundred thousand pesos
law, shall possess or have under his/her control any (P200,000.00): Provided, That this Section shall not
equipment, instrument, apparatus and other be applicable where the person tested is also found to
paraphernalia fit or intended for smoking, consuming, have in his/her possession such quantity of any
dangerous drug provided for under Section 11 of this any practitioner, manufacturer, wholesaler, importer,
Act, in which case the provisions stated therein shall distributor, dealer or retailer who violates or fails to
apply. comply with the maintenance and keeping of the
original records of transactions on any dangerous
Section 16. Cultivation or Culture of Plants drug and/or controlled precursor and essential
Classified as Dangerous Drugs or are Sources chemical in accordance with Section 40 of this Act.
Thereof. - The penalty of life imprisonment to death
and a fine ranging from Five hundred thousand pesos An additional penalty shall be imposed through the
(P500,000.00) to Ten million pesos revocation of the license to practice his/her
(P10,000,000.00) shall be imposed upon any person, profession, in case of a practitioner, or of the business,
who shall plant, cultivate or culture marijuana, opium in case of a manufacturer, seller, importer,
poppy or any other plant regardless of quantity, which distributor, dealer or retailer.
is or may hereafter be classified as a dangerous drug
or as a source from which any dangerous drug may be Section 18. Unnecessary Prescription of Dangerous
manufactured or derived: Provided, That in the case Drugs. – The penalty of imprisonment ranging from
of medical laboratories and medical research centers twelve (12) years and one (1) day to twenty (20) years
which cultivate or culture marijuana, opium poppy and a fine ranging from One hundred thousand pesos
and other plants, or materials of such dangerous (P100,000.00) to Five hundred thousand pesos
drugs for medical experiments and research purposes, (P500,000.00) and the additional penalty of the
or for the creation of new types of medicine, the Board revocation of his/her license to practice shall be
shall prescribe the necessary implementing guidelines imposed upon the practitioner, who shall prescribe
for the proper cultivation, culture, handling, any dangerous drug to any person whose physical or
experimentation and disposal of such plants and physiological condition does not require the use or in
materials. the dosage prescribed therein, as determined by the
Board in consultation with recognized competent
The land or portions thereof and/or greenhouses on experts who are authorized representatives of
which any of said plants is cultivated or cultured shall professional organizations of practitioners,
be confiscated and escheated in favor of the State, particularly those who are involved in the care of
unless the owner thereof can prove lack of knowledge persons with severe pain.
of such cultivation or culture despite the exercise of
due diligence on his/her part. If the land involved is Section 19. Unlawful Prescription of Dangerous
part of the public domain, the maximum penalty Drugs. – The penalty of life imprisonment to death
provided for under this Section shall be imposed upon and a fine ranging from Five hundred thousand pesos
the offender. (P500,000.00) to Ten million pesos
(P10,000,000.00) shall be imposed upon any person,
The maximum penalty provided for under this Section who, unless authorized by law, shall make or issue a
shall be imposed upon any person, who organizes, prescription or any other writing purporting to be a
manages or acts as a "financier" of any of the illegal prescription for any dangerous drug.
activities prescribed in this Section.
Section 20. Confiscation and Forfeiture of the
The penalty of twelve (12) years and one (1) day to Proceeds or Instruments of the Unlawful Act,
twenty (20) years of imprisonment and a fine ranging Including the Properties or Proceeds Derived from
from One hundred thousand pesos (P100,000.00) to the Illegal Trafficking of Dangerous Drugs and/or
Five hundred thousand pesos (P500,000.00) shall be Precursors and Essential Chemicals. – Every penalty
imposed upon any person, who acts as a imposed for the unlawful importation, sale, trading,
"protector/coddler" of any violator of the provisions administration, dispensation, delivery, distribution,
under this Section. transportation or manufacture of any dangerous drug
and/or controlled precursor and essential chemical,
Section 17. Maintenance and Keeping of Original the cultivation or culture of plants which are sources
Records of Transactions on Dangerous Drugs and/or of dangerous drugs, and the possession of any
Controlled Precursors and Essential Chemicals. - The equipment, instrument, apparatus and other
penalty of imprisonment ranging from one (1) year paraphernalia for dangerous drugs including other
and one (1) day to six (6) years and a fine ranging laboratory equipment, shall carry with it the
from Ten thousand pesos (P10,000.00) to Fifty confiscation and forfeiture, in favor of the
thousand pesos (P50,000.00) shall be imposed upon government, of all the proceeds and properties
derived from the unlawful act, including, but not and/or seized, or his/her representative or counsel, a
limited to, money and other assets obtained thereby, representative from the media and the Department of
and the instruments or tools with which the particular Justice (DOJ), and any elected public official who
unlawful act was committed, unless they are the shall be required to sign the copies of the inventory
property of a third person not liable for the unlawful and be given a copy thereof;
act, but those which are not of lawful commerce shall
be ordered destroyed without delay pursuant to the (2) Within twenty-four (24) hours upon
provisions of Section 21 of this Act. confiscation/seizure of dangerous drugs, plant
sources of dangerous drugs, controlled precursors and
After conviction in the Regional Trial Court in the essential chemicals, as well as
appropriate criminal case filed, the Court shall instruments/paraphernalia and/or laboratory
immediately schedule a hearing for the confiscation equipment, the same shall be submitted to the PDEA
and forfeiture of all the proceeds of the offense and all Forensic Laboratory for a qualitative and quantitative
the assets and properties of the accused either owned examination;
or held by him or in the name of some other persons if
the same shall be found to be manifestly out of (3) A certification of the forensic laboratory
proportion to his/her lawful income: Provided, examination results, which shall be done under oath
however, That if the forfeited property is a vehicle, the by the forensic laboratory examiner, shall be issued
same shall be auctioned off not later than five (5) days within twenty-four (24) hours after the receipt of the
upon order of confiscation or forfeiture. subject item/s: Provided, That when the volume of
the dangerous drugs, plant sources of dangerous
During the pendency of the case in the Regional Trial drugs, and controlled precursors and essential
Court, no property, or income derived therefrom, chemicals does not allow the completion of testing
which may be confiscated and forfeited, shall be within the time frame, a partial laboratory
disposed, alienated or transferred and the same shall examination report shall be provisionally issued
be in custodia legis and no bond shall be admitted for stating therein the quantities of dangerous drugs still
the release of the same. to be examined by the forensic laboratory: Provided,
however, That a final certification shall be issued on
The proceeds of any sale or disposition of any the completed forensic laboratory examination on the
property confiscated or forfeited under this Section same within the next twenty-four (24) hours;
shall be used to pay all proper expenses incurred in
the proceedings for the confiscation, forfeiture, (4) After the filing of the criminal case, the Court
custody and maintenance of the property pending shall, within seventy-two (72) hours, conduct an
disposition, as well as expenses for publication and ocular inspection of the confiscated, seized and/or
court costs. The proceeds in excess of the above surrendered dangerous drugs, plant sources of
expenses shall accrue to the Board to be used in its dangerous drugs, and controlled precursors and
campaign against illegal drugs. essential chemicals, including the
instruments/paraphernalia and/or laboratory
Section 21. Custody and Disposition of Confiscated, equipment, and through the PDEA shall within
Seized, and/or Surrendered Dangerous Drugs, Plant twenty-four (24) hours thereafter proceed with the
Sources of Dangerous Drugs, Controlled Precursors destruction or burning of the same, in the presence of
and Essential Chemicals, Instruments/Paraphernalia the accused or the person/s from whom such items
and/or Laboratory Equipment. – The PDEA shall were confiscated and/or seized, or his/her
take charge and have custody of all dangerous drugs, representative or counsel, a representative from the
plant sources of dangerous drugs, controlled media and the DOJ, civil society groups and any
precursors and essential chemicals, as well as elected public official. The Board shall draw up the
instruments/paraphernalia and/or laboratory guidelines on the manner of proper disposition and
equipment so confiscated, seized and/or surrendered, destruction of such item/s which shall be borne by the
for proper disposition in the following manner: offender: Provided, That those item/s of lawful
commerce, as determined by the Board, shall be
(1) The apprehending team having initial custody and donated, used or recycled for legitimate
control of the drugs shall, immediately after seizure purposes: Provided, further, That a representative
and confiscation, physically inventory and photograph sample, duly weighed and recorded is retained;
the same in the presence of the accused or the
person/s from whom such items were confiscated
(5) The Board shall then issue a sworn certification as Section 23. Plea-Bargaining Provision. – Any
to the fact of destruction or burning of the subject person charged under any provision of this Act
item/s which, together with the representative regardless of the imposable penalty shall not be
sample/s in the custody of the PDEA, shall be allowed to avail of the provision on plea-bargaining.
submitted to the court having jurisdiction over the
case. In all instances, the representative sample/s Section 24. Non-Applicability of the Probation Law
shall be kept to a minimum quantity as determined by for Drug Traffickers and Pushers. – Any person
the Board; convicted for drug trafficking or pushing under this
Act, regardless of the penalty imposed by the Court,
(6) The alleged offender or his/her representative or cannot avail of the privilege granted by the Probation
counsel shall be allowed to personally observe all of Law or Presidential Decree No. 968, as amended.
the above proceedings and his/her presence shall not
constitute an admission of guilt. In case the said Section 25. Qualifying Aggravating Circumstances
offender or accused refuses or fails to appoint a in the Commission of a Crime by an Offender Under
representative after due notice in writing to the the Influence of Dangerous Drugs. – Notwithstanding
accused or his/her counsel within seventy-two (72) the provisions of any law to the contrary, a positive
hours before the actual burning or destruction of the finding for the use of dangerous drugs shall be a
evidence in question, the Secretary of Justice shall qualifying aggravating circumstance in the
appoint a member of the public attorney's office to commission of a crime by an offender, and the
represent the former; application of the penalty provided for in the Revised
Penal Code shall be applicable.
(7) After the promulgation and judgment in the
criminal case wherein the representative sample/s Section 26. Attempt or Conspiracy. – Any attempt
was presented as evidence in court, the trial or conspiracy to commit the following unlawful acts
prosecutor shall inform the Board of the final shall be penalized by the same penalty prescribed for
termination of the case and, in turn, shall request the the commission of the same as provided under this
court for leave to turn over the said representative Act:
sample/s to the PDEA for proper disposition and
destruction within twenty-four (24) hours from (a) Importation of any dangerous drug and/or
receipt of the same; and controlled precursor and essential chemical;

(8) Transitory Provision: a) Within twenty-four (24) (b) Sale, trading, administration, dispensation,
hours from the effectivity of this Act, dangerous drugs delivery, distribution and transportation of any
defined herein which are presently in possession of dangerous drug and/or controlled precursor and
law enforcement agencies shall, with leave of court, be essential chemical;
burned or destroyed, in the presence of
(c) Maintenance of a den, dive or resort where any
representatives of the Court, DOJ, Department of
dangerous drug is used in any form;
Health (DOH) and the accused/and or his/her
counsel, and, b) Pending the organization of the
(d) Manufacture of any dangerous drug and/or
PDEA, the custody, disposition, and burning or
controlled precursor and essential chemical; and
destruction of seized/surrendered dangerous drugs
provided under this Section shall be implemented by (e) Cultivation or culture of plants which are sources
the DOH. of dangerous drugs.

Section 22. Grant of Compensation, Reward and Section 27. Criminal Liability of a Public Officer or
Award. – The Board shall recommend to the Employee for Misappropriation, Misapplication or
concerned government agency the grant of Failure to Account for the Confiscated, Seized and/or
compensation, reward and award to any person Surrendered Dangerous Drugs, Plant Sources of
providing information and to law enforcers Dangerous Drugs, Controlled Precursors and
participating in the operation, which results in the Essential Chemicals, Instruments/Paraphernalia
successful confiscation, seizure or surrender of and/or Laboratory Equipment Including the
dangerous drugs, plant sources of dangerous drugs, Proceeds or Properties Obtained from the Unlawful
and controlled precursors and essential chemicals. 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 manufacture of dangerous drugs, or chemical
disqualification from any public office, shall be diversion, if such vehicle, vessel, aircraft, equipment
imposed upon any public officer or employee who or other instrument is owned by or under the control
misappropriates, misapplies or fails to account for or supervision of the partnership, corporation,
confiscated, seized or surrendered dangerous drugs, association or juridical entity to which they are
plant sources of dangerous drugs, controlled affiliated.
precursors and essential chemicals,
instruments/paraphernalia and/or laboratory Section 31. Additional Penalty if Offender is an
equipment including the proceeds or properties Alien. – In addition to the penalties prescribed in the
obtained from the unlawful acts as provided for in this unlawful act committed, any alien who violates such
Act. provisions of this Act shall, after service of sentence,
be deported immediately without further proceedings,
Any elective local or national official found to have unless the penalty is death.
benefited from the proceeds of the trafficking of
dangerous drugs as prescribed in this Act, or have Section 32. Liability to a Person Violating Any
received any financial or material contributions or Regulation Issued by the Board. – The penalty of
donations from natural or juridical persons found imprisonment ranging from six (6) months and one
guilty of trafficking dangerous drugs as prescribed in (1) day to four (4) years and a fine ranging from Ten
this Act, shall be removed from office and perpetually thousand pesos (P10,000.00) to Fifty thousand pesos
disqualified from holding any elective or appointive (P50,000.00) shall be imposed upon any person
positions in the government, its divisions, found violating any regulation duly issued by the
subdivisions, and intermediaries, including Board pursuant to this Act, in addition to the
government-owned or –controlled corporations. administrative sanctions imposed by the Board.

Section 28. Criminal Liability of Government Section 33. Immunity from Prosecution and
Officials and Employees. – The maximum penalties of Punishment. – Notwithstanding the provisions of
the unlawful acts provided for in this Act shall be Section 17, Rule 119 of the Revised Rules of Criminal
imposed, in addition to absolute perpetual Procedure and the provisions of Republic Act No.
disqualification from any public office, if those found 6981 or the Witness Protection, Security and Benefit
guilty of such unlawful acts are government officials Act of 1991, any person who has violated Sections 7,
and employees. 11, 12, 14, 15, and 19, Article II of this Act, who
voluntarily gives information about any violation of
Section 29. Criminal Liability for Planting of Sections 4, 5, 6, 8, 10, 13, and 16, Article II of this Act
Evidence. – Any person who is found guilty of as well as any violation of the offenses mentioned if
"planting" any dangerous drug and/or controlled committed by a drug syndicate, or any information
precursor and essential chemical, regardless of leading to the whereabouts, identities and arrest of all
quantity and purity, shall suffer the penalty of death. or any of the members thereof; and who willingly
testifies against such persons as described above, shall
Section 30. Criminal Liability of Officers of be exempted from prosecution or punishment for the
Partnerships, Corporations, Associations or Other offense with reference to which his/her information of
Juridical Entities. – In case any violation of this Act is testimony were given, and may plead or prove the
committed by a partnership, corporation, association giving of such information and testimony in bar of
or any juridical entity, the partner, president, director, such prosecution: Provided, That the following
manager, trustee, estate administrator, or officer who conditions concur:
consents to or knowingly tolerates such violation shall
be held criminally liable as a co-principal. (1) The information and testimony are necessary for
the conviction of the persons described above;
The penalty provided for the offense under this Act
shall be imposed upon the partner, president, (2) Such information and testimony are not yet in the
director, manager, trustee, estate administrator, or possession of the State;
officer who knowingly authorizes, tolerates or
consents to the use of a vehicle, vessel, aircraft, (3) Such information and testimony can be
equipment or other facility, as an instrument in the corroborated on its material points;
importation, sale, trading, administration,
dispensation, delivery, distribution, transportation or (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 but not limited to, the right to vote and be voted for.
the State other than the information and testimony of Such rights shall also be suspended during the
said informant or witness; and pendency of an appeal from such conviction.

(5) The informant or witness shall strictly and ARTICLE III


faithfully comply without delay, any condition or
undertaking, reduced into writing, lawfully imposed Dangerous Drugs Test and Record
by the State as further consideration for the grant of Requirements
immunity from prosecution and punishment.
Section 36. Authorized Drug Testing. – Authorized
Provided, further, That this immunity may be enjoyed drug testing shall be done by any government forensic
by such informant or witness who does not appear to laboratories or by any of the drug testing laboratories
be most guilty for the offense with reference to which accredited and monitored by the DOH to safeguard
his/her information or testimony were the quality of test results. The DOH shall take steps in
given: Provided, finally, That there is no direct setting the price of the drug test with DOH accredited
evidence available for the State except for the drug testing centers to further reduce the cost of such
information and testimony of the said informant or drug test. The drug testing shall employ, among
witness. others, two (2) testing methods, the screening test
which will determine the positive result as well as the
Section 34. Termination of the Grant of type of the drug used and the confirmatory test which
Immunity. – The immunity granted to the informant will confirm a positive screening test. Drug test
or witness, as prescribed in Section 33 of this Act, certificates issued by accredited drug testing centers
shall not attach should it turn out subsequently that shall be valid for a one-year period from the date of
the information and/or testimony is false, malicious issue which may be used for other purposes. The
or made only for the purpose of harassing, molesting following shall be subjected to undergo drug testing:
or in any way prejudicing the persons described in the
preceding Section against whom such information or (a) Applicants for driver's license. – No driver's
testimony is directed against. In such case, the license shall be issued or renewed to any person
informant or witness shall be subject to prosecution unless he/she presents a certification that he/she has
and the enjoyment of all rights and benefits previously undergone a mandatory drug test and indicating
accorded him under this Act or any other law, decree thereon that he/she is free from the use of dangerous
or order shall be deemed terminated. drugs;

In case an informant or witness under this Act fails or (b) Applicants for firearm's license and for permit to
refuses to testify without just cause, and when carry firearms outside of residence. – All applicants
lawfully obliged to do so, or should he/she violate any for firearm's license and permit to carry firearms
condition accompanying such immunity as provided outside of residence shall undergo a mandatory drug
above, his/her immunity shall be removed and he/she test to ensure that they are free from the use of
shall likewise be subject to contempt and/or criminal dangerous drugs: Provided, That all persons who by
prosecution, as the case may be, and the enjoyment of the nature of their profession carry firearms shall
all rights and benefits previously accorded him under undergo drug testing;
this Act or in any other law, decree or order shall be
deemed terminated. (c) Students of secondary and tertiary schools. –
Students of secondary and tertiary schools shall,
In case the informant or witness referred to under this pursuant to the related rules and regulations as
Act falls under the applicability of this Section hereof, contained in the school's student handbook and with
such individual cannot avail of the provisions under notice to the parents, undergo a random drug
Article VIII of this Act. testing: Provided, That all drug testing expenses
whether in public or private schools under this
Section 35. Accessory Penalties. – A person Section will be borne by the government;
convicted under this Act shall be disqualified to
exercise his/her civil rights such as but not limited to, (d) Officers and employees of public and private
the rights of parental authority or guardianship, either offices. – Officers and employees of public and private
as to the person or property of any ward, the rights to offices, whether domestic or overseas, shall be
dispose of such property by any act or any subjected to undergo a random drug test as contained
conveyance inter vivos, and political rights such as in the company's work rules and regulations, which
shall be borne by the employer, for purposes of the results of the screening laboratory examination or
reducing the risk in the workplace. Any officer or test shall be challenged within fifteen (15) days after
employee found positive for use of dangerous drugs receipt of the result through a confirmatory test
shall be dealt with administratively which shall be a conducted in any accredited analytical laboratory
ground for suspension or termination, subject to the equipment with a gas chromatograph/mass
provisions of Article 282 of the Labor Code and spectrometry equipment or some such modern and
pertinent provisions of the Civil Service Law; accepted method, if confirmed the same shall
be prima facie evidence that such person has used
(e) Officers and members of the military, police and dangerous drugs, which is without prejudice for the
other law enforcement agencies. – Officers and prosecution for other violations of the provisions of
members of the military, police and other law this Act: Provided, That a positive screening
enforcement agencies shall undergo an annual laboratory test must be confirmed for it to be valid in
mandatory drug test; a court of law.

(f) All persons charged before the prosecutor's office Section 39. Accreditation of Drug Testing Centers
with a criminal offense having an imposable penalty and Physicians. – The DOH shall be tasked to license
of imprisonment of not less than six (6) years and one and accredit drug testing centers in each province and
(1) day shall have to undergo a mandatory drug test; city in order to assure their capacity, competence,
and integrity and stability to conduct the laboratory
examinations and tests provided in this Article, and
(g) All candidates for public office whether appointed appoint such technical and other personnel as may be
or elected both in the national or local government necessary for the effective implementation of this
shall undergo a mandatory drug test. provision. The DOH shall also accredit physicians who
shall conduct the drug dependency examination of a
In addition to the above stated penalties in this
drug dependent as well as the after-care and follow-up
Section, those found to be positive for dangerous
program for the said drug dependent. There shall be a
drugs use shall be subject to the provisions of Section
control regulations, licensing and accreditation
15 of this Act.
division under the supervision of the DOH for this
purpose.
Section 37. Issuance of False or Fraudulent Drug
Test Results. – Any person authorized, licensed or
For this purpose, the DOH shall establish, operate and
accredited under this Act and its implementing rules
maintain drug testing centers in government
to conduct drug examination or test, who issues false
hospitals, which must be provided at least with basic
or fraudulent drug test results knowingly, willfully or
technologically advanced equipment and materials, in
through gross negligence, shall suffer the penalty of
order to conduct the laboratory examination and tests
imprisonment ranging from six (6) years and one (1)
herein provided, and appoint such qualified and duly
day to twelve (12) years and a fine ranging from One
trained technical and other personnel as may be
hundred thousand pesos (P100,000.00) to Five
necessary for the effective implementation of this
hundred thousand pesos (P500,000.00).
provision.
An additional penalty shall be imposed through the
Section 40. Records Required for Transactions on
revocation of the license to practice his/her profession
Dangerous Drug and Precursors and Essential
in case of a practitioner, and the closure of the drug
Chemicals. –
testing center.
a) Every pharmacist dealing in dangerous drugs
Section 38. Laboratory Examination or Test on
and/or controlled precursors and essential chemicals
Apprehended/Arrested Offenders. – Subject to
shall maintain and keep an original record of sales,
Section 15 of this Act, any person apprehended or
purchases, acquisitions and deliveries of dangerous
arrested for violating the provisions of this Act shall
drugs, indicating therein the following information:
be subjected to screening laboratory examination or
test within twenty-four (24) hours, if the (1) License number and address of the pharmacist;
apprehending or arresting officer has reasonable
ground to believe that the person apprehended or (2) Name, address and license of the manufacturer,
arrested, on account of physical signs or symptoms or importer or wholesaler from whom the dangerous
other visible or outward manifestation, is under the drugs have been purchased;
influence of dangerous drugs. If found to be positive,
(3) Quantity and name of the dangerous drugs pharmacy be reused nor any prescription once issued
purchased or acquired; be refilled.

(4) Date of acquisition or purchase; (c) All manufacturers, wholesalers, distributors,


importers, dealers and retailers of dangerous drugs
(5) Name, address and community tax certificate and/or controlled precursors and essential chemicals
number of the buyer; shall keep a record of all inventories, sales, purchases,
acquisitions and deliveries of the same as well as the
(6) Serial number of the prescription and the name of names, addresses and licenses of the persons from
the physician, dentist, veterinarian or practitioner whom such items were purchased or acquired or to
issuing the same; whom such items were sold or delivered, the name
and quantity of the same and the date of the
(7) Quantity and name of the dangerous drugs sold or
transactions. Such records may be subjected anytime
delivered; and
for review by the Board.
(8) Date of sale or delivery.
ARTICLE IV
A certified true copy of such record covering a period
Participation of the Family, Students,
of six (6) months, duly signed by the pharmacist or
Teachers and School Authorities in the
the owner of the drugstore, pharmacy or chemical
Enforcement of this Act
establishment, shall be forwarded to the Board within
fifteen (15) days following the last day of June and Section 41. Involvement of the Family. – The family
December of each year, with a copy thereof furnished being the basic unit of the Filipino society shall be
the city or municipal health officer concerned. primarily responsible for the education and awareness
of the members of the family on the ill effects of
(b) A physician, dentist, veterinarian or practitioner
dangerous drugs and close monitoring of family
authorized to prescribe any dangerous drug shall issue
members who may be susceptible to drug abuse.
the prescription therefor in one (1) original and two
(2) duplicate copies. The original, after the Section 42. Student Councils and Campus
prescription has been filled, shall be retained by the Organizations. – All elementary, secondary and
pharmacist for a period of one (1) year from the date tertiary schools' student councils and campus
of sale or delivery of such drug. One (1) copy shall be organizations shall include in their activities a
retained by the buyer or by the person to whom the program for the prevention of and deterrence in the
drug is delivered until such drug is consumed, while use of dangerous drugs, and referral for treatment and
the second copy shall be retained by the person rehabilitation of students for drug dependence.
issuing the prescription.
Section 43. School Curricula. – Instruction on drug
For purposes of this Act, all prescriptions issued by abuse prevention and control shall be integrated in
physicians, dentists, veterinarians or practitioners the elementary, secondary and tertiary curricula of all
shall be written on forms exclusively issued by and public and private schools, whether general, technical,
obtainable from the DOH. Such forms shall be made vocational or agro-industrial as well as in non-formal,
of a special kind of paper and shall be distributed in informal and indigenous learning systems. Such
such quantities and contain such information and instructions shall include:
other data as the DOH may, by rules and regulations,
require. Such forms shall only be issued by the DOH (1) Adverse effects of the abuse and misuse of
through its authorized employees to licensed dangerous drugs on the person, the family, the school
physicians, dentists, veterinarians and practitioners in and the community;
such quantities as the Board may authorize. In
emergency cases, however, as the Board may specify (2) Preventive measures against drug abuse;
in the public interest, a prescription need not be
accomplished on such forms. The prescribing (3) Health, socio-cultural, psychological, legal and
physician, dentist, veterinarian or practitioner shall, economic dimensions and implications of the drug
within three (3) days after issuing such prescription, problem;
inform the DOH of the same in writing. No
prescription once served by the drugstore or (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 education drug center for out-of-school youth and
dependents; and street children. Such Center which shall be headed by
the Provincial Social. Welfare Development Officer
(5) Misconceptions about the use of dangerous drugs shall sponsor drug prevention programs and activities
such as, but not limited to, the importance and safety and information campaigns with the end in view of
of dangerous drugs for medical and therapeutic use as educating the out-of-school youth and street children
well as the differentiation between medical patients regarding the pernicious effects of drug abuse. The
and drug dependents in order to avoid confusion and programs initiated by the Center shall likewise be
accidental stigmatization in the consciousness of the adopted in all public and private orphanage and
students. existing special centers for street children.

Section 44. Heads, Supervisors, and Teachers of ARTICLE V


Schools. – For the purpose of enforcing the provisions
of Article II of this Act, all school heads, supervisors Promotion of a National Drug-Free Workplace
and teachers shall be deemed persons in authority Program With the Participation of Private and
and, as such, are hereby empowered to apprehend, Labor Sectors and the Department of Labor
arrest or cause the apprehension or arrest of any and Employment
person who shall violate any of the said provisions,
pursuant to Section 5, Rule 113 of the Rules of Court. Section 47. Drug-Free Workplace. – It is deemed a
They shall be deemed persons in authority if they are policy of the State to promote drug-free workplaces
in the school or within its immediate vicinity, or even using a tripartite approach. With the assistance of the
beyond such immediate vicinity if they are in Board, the Department of Labor and Employment
attendance at any school or class function in their (DOLE) shall develop, promote and implement a
official capacity as school heads, supervisors, and national drug abuse prevention program in the
teachers. workplace to be adopted by private companies with
ten (10) or more employees. Such program shall
Any teacher or school employee, who discovers or include the mandatory drafting and adoption of
finds that any person in the school or within its company policies against drug use in the workplace in
immediate vicinity is liable for violating any of said close consultation and coordination with the DOLE,
provisions, shall have the duty to report the same to labor and employer organizations, human resource
the school head or immediate superior who shall, in development managers and other such private sector
turn, report the matter to the proper authorities. organizations.

Failure to do so in either case, within a reasonable Section 48. Guidelines for the National Drug-Free
period from the time of discovery of the violation Workplace Program. – The Board and the DOLE
shall, after due hearing, constitute sufficient cause for shall formulate the necessary guidelines for the
disciplinary action by the school authorities. implementation of the national drug-free workplace
program. The amount necessary for the
Section 45. Publication and Distribution of implementation of which shall be included in the
Materials on Dangerous Drugs. – With the assistance annual General Appropriations Act.
of the Board, the Secretary of the Department of
Education (DepEd), the Chairman of the Commission ARTICLE VI
on Higher Education (CHED) and the Director-
General of the Technical Education and Skills Participation of the Private and Labor Sectors
Development Authority (TESDA) shall cause the in the Enforcement of this Act
development, publication and distribution of
information and support educational materials on Section 49. Labor Organizations and the Private
dangerous drugs to the students, the faculty, the Sector. – All labor unions, federations, associations,
parents, and the community. or organizations in cooperation with the respective
private sector partners shall include in their collective
Section 46. Special Drug Education Center. – With bargaining or any similar agreements, joint
the assistance of the Board, the Department of the continuing programs and information campaigns for
Interior and Local Government (DILG), the National the laborers similar to the programs provided under
Youth Commission (NYC), and the Department of Section 47 of this Act with the end in view of achieving
Social Welfare and Development (DSWD) shall a drug free workplace.
establish in each of its provincial office a special
Section 50. Government Assistance. – The labor This Article does not restrict the right of any person to
sector and the respective partners may, in pursuit of proceed under the Civil Code against any public
the programs mentioned in the preceding Section, nuisance.
secure the technical assistance, such as but not
limited to, seminars and information dissemination ARTICLE VIII
campaigns of the appropriate government and law
enforcement agencies. Program for Treatment and Rehabilitation of
Drug Dependents
ARTICLE VII
Section 54. Voluntary Submission of a Drug
Participation of Local Government Units Dependent to Confinement, Treatment and
Rehabilitation. – A drug dependent or any person
Section 51. Local Government Units' Assistance. – who violates Section 15 of this Act may, by
Local government units shall appropriate a himself/herself or through his/her parent, spouse,
substantial portion of their respective annual budgets guardian or relative within the fourth degree of
to assist in or enhance the enforcement of this Act consanguinity or affinity, apply to the Board or its
giving priority to preventive or educational programs duly recognized representative, for treatment and
and the rehabilitation or treatment of drug rehabilitation of the drug dependency. Upon such
dependents. application, the Board shall bring forth the matter to
the Court which shall order that the applicant be
Section 52. Abatement of Drug Related Public examined for drug dependency. If the examination by
Nuisances. – Any place or premises which have been a DOH-accredited physician results in the issuance of
used on two or more occasions as the site of the a certification that the applicant is a drug dependent,
unlawful sale or delivery of dangerous drugs may be he/she shall be ordered by the Court to undergo
declared to be a public nuisance, and such nuisance treatment and rehabilitation in a Center designated by
may be abated, pursuant to the following procedures: the Board for a period of not less than six (6)
months: Provided, That a drug dependent may be
(1) Any city or municipality may, by ordinance, create placed under the care of a DOH-accredited physician
an administrative board to hear complaints regarding where there is no Center near or accessible to the
the nuisances; residence of the drug dependent or where said drug
dependent is below eighteen (18) years of age and is a
(2) any employee, officer, or resident of the city or
first-time offender and non-confinement in a Center
municipality may bring a complaint before the Board
will not pose a serious danger to his/her family or the
after giving not less than three (3) days written notice
community.
of such complaint to the owner of the place or
premises at his/her last known address; and Confinement in a Center for treatment and
rehabilitation shall not exceed one (1) year, after
(3) After hearing in which the Board may consider any
which time the Court, as well as the Board, shall be
evidence, including evidence of the general reputation
apprised by the head of the treatment and
of the place or premises, and at which the owner of
rehabilitation center of the status of said drug
the premises shall have an opportunity to present
dependent and determine whether further
evidence in his/her defense, the Board may declare
confinement will be for the welfare of the drug
the place or premises to be a public nuisance.
dependent and his/her family or the community.
Section 53. Effect of Board Declaration. – If the
Section 55. Exemption from the Criminal Liability
Board declares a place or premises to be a public
Under the Voluntary Submission Program. A drug
nuisance, it may declare an order immediately
dependent under the voluntary submission program,
prohibiting the conduct, operation, or maintenance of
who is finally discharged from confinement, shall be
any business or activity on the premises which is
exempt from the criminal liability under Section 15 of
conducive to such nuisance.
this act subject to the following conditions:
An order entered under this Section shall expire after
(1) He/she has complied with the rules and
one (1) year or at such earlier time as stated in the
regulations of the center, the applicable rules and
order. The Board may bring a complaint seeking a
regulations of the Board, including the after-care and
permanent injunction against any nuisance described
follow-up program for at least eighteen (18) months
under this Section.
following temporary discharge from confinement in
the Center or, in the case of a dependent placed under submission program, but does not qualify for
the care of the DOH-accredited physician, the after- exemption from criminal liability under Section 55 of
care program and follow-up schedule formulated by this Act, may be charged under the provisions of this
the DSWD and approved by the Board: Provided, Act, but shall be placed on probation and undergo a
That capability-building of local government social community service in lieu of imprisonment and/or
workers shall be undertaken by the DSWD; fine in the discretion of the court, without prejudice to
the outcome of any pending case filed in court.
(2) He/she has never been charged or convicted of any
offense punishable under this Act, the Dangerous Such drug dependent shall undergo community
Drugs Act of 1972 or Republic Act No. 6425, as service as part of his/her after-care and follow-up
amended; the Revised Penal Code, as amended; or program, which may be done in coordination with
any special penal laws; nongovernmental civil organizations accredited by the
DSWD, with the recommendation of the Board.
(3) He/she has no record of escape from a
Center: Provided, That had he/she escaped, he/she Section 58. Filing of Charges Against a Drug
surrendered by himself/herself or through his/her Dependent Who is Not Rehabilitated Under the
parent, spouse, guardian or relative within the fourth Voluntary Submission Program. – A drug dependent,
degree of consanguinity or affinity, within one (1) who is not rehabilitated after the second commitment
week from the date of the said escape; and to the Center under the voluntary submission
program, shall, upon recommendation of the Board,
(4) He/she poses no serious danger to himself/herself, be charged for violation of Section 15 of this Act and
his/her family or the community by his/her prosecuted like any other offender. If convicted,
exemption from criminal liability. he/she shall be credited for the period of confinement
and rehabilitation in the Center in the service of
Section 56. Temporary Release From the Center; his/her sentence.
After-Care and Follow-Up Treatment Under the
Voluntary Submission Program. – Upon certification Section 59. Escape and Recommitment for
of the Center that the drug dependent within the Confinement and Rehabilitation Under the Voluntary
voluntary submission program may be temporarily Submission Program. – Should a drug dependent
released, the Court shall order his/her release on under the voluntary submission program escape from
condition that said drug dependent shall report to the the Center, he/she may submit himself/herself for
DOH for after-care and follow-up treatment, recommitment within one (1) week therefrom, or
including urine testing, for a period not exceeding his/her parent, spouse, guardian or relative within the
eighteen (18) months under such terms and fourth degree of consanguinity or affinity may, within
conditions that the Court may impose. said period, surrender him for recommitment, in
which case the corresponding order shall be issued by
If during the period of after-care and follow-up, the the Board.
drug dependent is certified to be rehabilitated, he/she
may be discharged by the Court, subject to the Should the escapee fail to submit himself/herself or be
provisions of Section 55 of this Act, without prejudice surrendered after one (1) week, the Board shall apply
to the outcome of any pending case filed in court. to the court for a recommitment order upon proof of
previous commitment or his/her voluntary
However, should the DOH find that during the initial submission by the Board, the court may issue an order
after-care and follow-up program of eighteen (18) for recommitment within one (1) week.
months, the drug dependent requires further
treatment and rehabilitation in the Center, he/she If, subsequent to a recommitment, the dependent
shall be recommitted to the Center for confinement. once again escapes from confinement, he/she shall be
Thereafter, he/she may again be certified for charged for violation of Section 15 of this Act and he
temporary release and ordered released for another subjected under section 61 of this Act, either upon
after-care and follow-up program pursuant to this order of the Board or upon order of the court, as the
Section. case may be.

Section 57. Probation and Community Service Section 60. Confidentiality of Records Under the
Under the Voluntary Submission Program. – A drug Voluntary Submission Program. – Judicial and
dependent who is discharged as rehabilitated by the medical records of drug dependents under the
DOH-accredited Center through the voluntary voluntary submission program shall be confidential
and shall not be used against him for any purpose, further proceedings and transmit copies of the record
except to determine how many times, by of the case to the Board.
himself/herself or through his/her parent, spouse,
guardian or relative within the fourth degree of In the event he Board determines, after medical
consanguinity or affinity, he/she voluntarily examination, that public interest requires that such
submitted himself/herself for confinement, treatment drug dependent be committed to a center for
and rehabilitation or has been committed to a Center treatment and rehabilitation, it shall file a petition for
under this program. his/her commitment with the regional trial court of
the province or city where he/she is being investigated
Section 61. Compulsory Confinement of a Drug or tried: Provided, That where a criminal case is
Dependent Who Refuses to Apply Under the pending in court, such petition shall be filed in the
Voluntary Submission Program. – Notwithstanding said court. The court shall take judicial notice of the
any law, rule and regulation to the contrary, any prior proceedings in the case and shall proceed to
person determined and found to be dependent on hear the petition. If the court finds him to be a drug
dangerous drugs shall, upon petition by the Board or dependent, it shall order his/her commitment to a
any of its authorized representative, be confined for Center for treatment and rehabilitation. The head of
treatment and rehabilitation in any Center duly said Center shall submit to the court every four (4)
designated or accredited for the purpose. months, or as often as the court may require, a written
report on the progress of the treatment. If the
A petition for the confinement of a person alleged to dependent is rehabilitated, as certified by the center
be dependent on dangerous drugs to a Center may be and the Board, he/she shall be returned to the court,
filed by any person authorized by the Board with the which committed him, for his/her discharge
Regional Trial Court of the province or city where therefrom.
such person is found.
Thereafter, his/her prosecution for any offense
After the petition is filed, the court, by an order, shall punishable by law shall be instituted or shall continue,
immediately fix a date for the hearing, and a copy of as the case may be. In case of conviction, the
such order shall be served on the person alleged to be judgment shall, if the accused is certified by the
dependent on dangerous drugs, and to the one having treatment and rehabilitation center to have
charge of him. maintained good behavior, indicate that he/she shall
be given full credit for the period he/she was confined
If after such hearing and the facts so warrant, the in the Center: Provided, however, That when the
court shall order the drug dependent to be examined offense is for violation of Section 15 of this Act and the
by two (2) physicians accredited by the Board. If both accused is not a recidivist, the penalty thereof shall be
physicians conclude that the respondent is not a drug deemed to have been served in the Center upon
dependent, the court shall order his/her discharge. If his/her release therefrom after certification by the
either physician finds him to be a dependent, the Center and the Board that he/she is rehabilitated.
court shall conduct a hearing and consider all relevant
evidence which may be offered. If the court finds him Section 63. Prescription of the Offense Charged
a drug dependent, it shall issue an order for his/her Against a Drug Dependent Under the Compulsory
commitment to a treatment and rehabilitation center Submission Program. – The period of prescription of
under the supervision of the DOH. In any event, the the offense charged against a drug dependent under
order of discharge or order of confinement or the compulsory submission program shall not run
commitment shall be issued not later than fifteen (15) during the time that the drug dependent is under
days from the filing of the appropriate petition. confinement in a Center or otherwise under the
treatment and rehabilitation program approved by the
Section 62. Compulsory Submission of a Drug Board.
Dependent Charged with an Offense to Treatment
and Rehabilitation. – If a person charged with an Upon certification of the Center that he/she may
offense where the imposable penalty is imprisonment temporarily be discharged from the said Center, the
of less than six (6) years and one (1) day, and is found court shall order his/her release on condition that
by the prosecutor or by the court, at any stage of the he/she shall report to the Board through the DOH for
proceedings, to be a drug dependent, the prosecutor after-care and follow-up treatment for a period not
or the court as the case may be, shall suspend all 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 Section 65. Duty of the Prosecutor in the
period, the Board certifies to his/her complete Proceedings. – It shall be the duty of the provincial or
rehabilitation, the court shall order his/her final the city prosecutor or their assistants or state
discharge from confinement and order for the prosecutors to prepare the appropriate petition in all
immediate resumption of the trial of the case for proceedings arising from this Act.
which he/she is originally charged. Should the Board
through the DOH find at anytime during the after- Section 66. Suspension of Sentence of a First-Time
care and follow-up period that he/she requires further Minor Offender. – An accused who is over fifteen (15)
treatment and rehabilitation, it shall report to the years of age at the time of the commission of the
court, which shall order his/her recommitment to the offense mentioned in Section 11 of this Act, but not
Center. more than eighteen (18) years of age at the time when
judgment should have been promulgated after having
Should the drug dependent, having been committed been found guilty of said offense, may be given the
to a Center upon petition by the Board escape benefits of a suspended sentence, subject to the
therefrom, he/she may resubmit himself/herself for following conditions:
confinement within one (1) week from the date of
his/her escape; or his/her parent, spouse, guardian or (a) He/she has not been previously convicted of
relative within the fourth degree of consanguinity or violating any provision of this Act, or of the
affinity may, within the same period, surrender him Dangerous Drugs Act of 1972, as amended; or of the
for recommitment. If, however, the drug dependent Revised Penal Code; or of any special penal laws;
does not resubmit himself/herself for confinement or
he/she is not surrendered for recommitment, the (b) He/she has not been previously committed to a
Board may apply with the court for the issuance of the Center or to the care of a DOH-accredited physician;
recommitment order. Upon proof of previous and
commitment, the court shall issue an order for
(c) The Board favorably recommends that his/her
recommitment. If, subsequent to such recommitment,
sentence be suspended.
he/she should escape again, he/she shall no longer be
exempt from criminal liability for use of any
While under suspended sentence, he/she shall be
dangerous drug.
under the supervision and rehabilitative surveillance
of the Board, under such conditions that the court
A drug dependent committed under this particular
may impose for a period ranging from six (6) months
Section who is finally discharged from confinement
to eighteen (18) months.
shall be exempt from criminal liability under Section
15 of this Act, without prejudice to the outcome of any
Upon recommendation of the Board, the court may
pending case filed in court. On the other hand, a drug
commit the accused under suspended sentence to a
dependent who is not rehabilitated after a second
Center, or to the care of a DOH-accredited physician
commitment to the Center shall, upon conviction by
for at least six (6) months, with after-care and follow-
the appropriate court, suffer the same penalties
up program for not more than eighteen (18) months.
provided for under Section 15 of this Act again
without prejudice to the outcome of any pending case In the case of minors under fifteen (15) years of age at
filed in court. the time of the commission of any offense penalized
under this Act, Article 192 of Presidential Decree No.
Section 64. Confidentiality of Records Under the
603, otherwise known as the Child and Youth Welfare
Compulsory Submission Program. – The records of a
Code, as amended by Presidential Decree No. 1179
drug dependent who was rehabilitated and discharged
shall apply, without prejudice to the application of the
from the Center under the compulsory submission
provisions of this Section.
program, or who was charged for violation of Section
15 of this Act, shall be covered by Section 60 of this Section 67. Discharge After Compliance with
Act. However, the records of a drug dependent who Conditions of Suspended Sentence of a First-Time
was not rehabilitated, or who escaped but did not Minor Offender. – If the accused first time minor
surrender himself/herself within the prescribed offender under suspended sentence complies with the
period, shall be forwarded to the court and their use applicable rules and regulations of the Board,
shall be determined by the court, taking into including confinement in a Center, the court, upon a
consideration public interest and the welfare of the favorable recommendation of the Board for the final
drug dependent.
discharge of the accused, shall discharge the accused the court in its discretion and upon the
and dismiss all proceedings. recommendation of the Board and shall apply only to
violators of Section 15 of this Act. The completion of
Upon the dismissal of the proceedings against the the community service shall be under the supervision
accused, the court shall enter an order to expunge all and rehabilitative surveillance of the Board during the
official records, other than the confidential record to period required by the court. Thereafter, the Board
be retained by the DOJ relating to the case. Such an shall render a report on the manner of compliance of
order, which shall be kept confidential, shall restore said community service. The court in its discretion
the accused to his/her status prior to the case. He/she may require extension of the community service or
shall not be held thereafter to be guilty of perjury or of order a final discharge.
concealment or misrepresentation by reason of
his/her failure to acknowledge the case or recite any In both cases, the judicial records shall be covered by
fact related thereto in response to any inquiry made of the provisions of Sections 60 and 64 of this Act.
him for any purpose.
If the sentence promulgated by the court requires
Section 68. Privilege of Suspended Sentence to be imprisonment, the period spent in the Center by the
Availed of Only Once by a First-Time Minor accused during the suspended sentence period shall
Offender. – The privilege of suspended sentence shall be deducted from the sentence to be served.
be availed of only once by an accused drug dependent
who is a first-time offender over fifteen (15) years of Section 71. Records to be kept by the Department of
age at the time of the commission of the violation of Justice. – The DOJ shall keep a confidential record of
Section 15 of this Act but not more than eighteen (18) the proceedings on suspension of sentence and shall
years of age at the time when judgment should have not be used for any purpose other than to determine
been promulgated. whether or not a person accused under this Act is a
first-time minor offender.
Section 69. Promulgation of Sentence for First-
Time Minor Offender. – If the accused first-time Section 72. Liability of a Person Who Violates the
minor offender violates any of the conditions of Confidentiality of Records. – The penalty of
his/her suspended sentence, the applicable rules and imprisonment ranging from six (6) months and one
regulations of the Board exercising supervision and (1) day to six (6) years and a fine ranging from One
rehabilitative surveillance over him, including the thousand pesos (P1,000.00) to Six thousand pesos
rules and regulations of the Center should (P6,000.00), shall be imposed upon any person who,
confinement be required, the court shall pronounce having official custody of or access to the confidential
judgment of conviction and he/she shall serve records of any drug dependent under voluntary
sentence as any other convicted person. submission programs, or anyone who, having gained
possession of said records, whether lawfully or not,
Section 70. Probation or Community Service for a reveals their content to any person other than those
First-Time Minor Offender in Lieu of Imprisonment. charged with the prosecution of the offenses under
– Upon promulgation of the sentence, the court may, this Act and its implementation. The maximum
in its discretion, place the accused under probation, penalty shall be imposed, in addition to absolute
even if the sentence provided under this Act is higher perpetual disqualification from any public office,
than that provided under existing law on probation, or when the offender is a government official or
impose community service in lieu of imprisonment. In employee. Should the records be used for unlawful
case of probation, the supervision and rehabilitative purposes, such as blackmail of the drug dependent or
surveillance shall be undertaken by the Board through the members of his/her family, the penalty imposed
the DOH in coordination with the Board of Pardons for the crime of violation of confidentiality shall be in
and Parole and the Probation Administration. Upon addition to whatever crime he/she may be convicted
compliance with the conditions of the probation, the of.
Board shall submit a written report to the court
recommending termination of probation and a final Section 73. Liability of a Parent, Spouse or
discharge of the probationer, whereupon the court Guardian Who Refuses to Cooperate with the Board
shall issue such an order. or any Concerned Agency. – Any parent, spouse or
guardian who, without valid reason, refuses to
The community service shall be complied with under cooperate with the Board or any concerned agency in
conditions, time and place as may be determined by the treatment and rehabilitation of a drug dependent
who is a minor, or in any manner, prevents or delays (2) License, accredit, establish and maintain drug test
the after-care, follow-up or other programs for the network and laboratory, initiate, conduct and support
welfare of the accused drug dependent, whether under scientific research on drugs and drug control;
voluntary submission program or compulsory
submission program, may be cited for contempt by (3) Encourage, assist and accredit private centers,
the court. promulgate rules and regulations setting minimum
standards for their accreditation to assure their
Section 74. Cost-Sharing in the Treatment and competence, integrity and stability;
Rehabilitation of a Drug Dependent. – The parent,
spouse, guardian or any relative within the fourth (4) Prescribe and promulgate rules and regulations
degree of consanguinity of any person who is confined governing the establishment of such Centers as it may
under the voluntary submission program or deem necessary after conducting a feasibility study
compulsory submission program shall be charged a thereof;
certain percentage of the cost of his/her treatment
and rehabilitation, the guidelines of which shall be (5) The DOH shall, without prejudice to the criminal
formulated by the DSWD taking into consideration prosecution of those found guilty of violating this Act,
the economic status of the family of the person order the closure of a Center for treatment and
confined. The guidelines therein formulated shall be rehabilitation of drug dependency when, after
implemented by a social worker of the local investigation it is found guilty of violating the
government unit. provisions of this Act or regulations issued by the
Board; and
Section 75. Treatment and Rehabilitation Centers.
– The existing treatment and rehabilitation centers (6) Charge reasonable fees for drug dependency
for drug dependents operated and maintained by the examinations, other medical and legal services
NBI and the PNP shall be operated, maintained and provided to the public, which shall accrue to the
managed by the DOH in coordination with other Board. All income derived from these sources shall be
concerned agencies. For the purpose of enlarging the part of the funds constituted as special funds for the
network of centers, the Board through the DOH shall implementation of this Act under Section 87.
encourage, promote or whenever feasible, assist or
ARTICLE IX
support in the establishment, operations and
maintenance of private centers which shall be eligible
Dangerous Drugs Board and Philippine Drug
to receive grants, donations or subsidy from either
Enforcement Agency
government or private sources. It shall also support
the establishment of government-operated regional Section 77. The Dangerous Drugs Board. – The
treatment and rehabilitation centers depending upon Board shall be the policy-making and strategy-
the availability of funds. The national government, formulating body in the planning and formulation of
through its appropriate agencies shall give priority policies and programs on drug prevention and
funding for the increase of subsidy to existing control. It shall develop and adopt a comprehensive,
government drug rehabilitation centers, and shall integrated, unified and balanced national drug abuse
establish at least one (1) drug rehabilitation center in prevention and control strategy. It shall be under the
each province, depending on the availability of funds. Office of the President.

Section 76. The Duties and Responsibilities of the Section 78. Composition of the Board. – The Board
Department of health (DOH) Under this Act. – The shall be composed of seventeen (17) members wherein
DOH shall: three (3) of which are permanent members, the other
twelve (12) members shall be in an ex officio capacity
(1) Oversee the monitor the integration, coordination
and the two (2) shall be regular members.
and supervision of all drug rehabilitation,
intervention, after-care and follow-up programs, The three (3) permanent members, who shall possess
projects and activities as well as the establishment, at least seven-year training and experience in the field
operations, maintenance and management of of dangerous drugs and in any of the following fields:
privately-owned drug treatment rehabilitation centers in law, medicine, criminology, psychology or social
and drug testing networks and laboratories work, shall be appointed by the President of the
throughout the country in coordination with the Philippines. The President shall designate a
DSWD and other agencies; Chairman, who shall have the rank of a secretary from
among the three (3) permanent members who shall (b) The chairman or president of a non-government
serve for six (6) years. Of the two (2) other members, organization involved in dangerous drug campaign to
who shall both have the rank of undersecretary, one be appointed by the President of the Philippines.
(1) shall serve for four (4) years and the other for two
(2) years. Thereafter, the persons appointed to The Director of the NBI and the Chief of the PNP shall
succeed such members shall hold office for a term of be the permanent consultants of the Board, and shall
six (6) years and until their successors shall have been attend all the meetings of the Board.
duly appointed and qualified.
All members of the Board as well as its permanent
The other twelve (12) members who shall be ex consultants shall receive a per diem for every meeting
officio members of the Board are the following: actually attended subject to the pertinent budgetary
laws, rules and regulations on compensation,
(1) Secretary of the Department of Justice or his/her honoraria and allowances: Provided, That where the
representative; representative of an ex officio member or of the
permanent consultant of the Board attends a meeting
(2) Secretary of the Department of Health or his/her in behalf of the latter, such representative shall be
representative; entitled to receive the per diem.

(3) Secretary of the Department of National Defense Section 79. Meetings of the Board. – The Board
or his/her representative; shall meet once a week or as often as necessary at the
discretion of the Chairman or at the call of any four
(4) Secretary of the Department of Finance or his/her (4) other members. The presence of nine (9) members
representative; shall constitute a quorum.

(5) Secretary of the Department of Labor and Section 80. Secretariat of the Board. – The Board
Employment or his/her representative; shall recommend to the President of the Philippines
the appointment of an Executive Director, with the
(6) Secretary of the Department of the Interior and
rank of an undersecretary, who shall be the Secretary
Local Government or his/her representative;
of the Board and administrative officer of its
secretariat, and shall perform such other duties that
(7) Secretary of the Department of Social Welfare and
may be assigned to him/her. He/she must possess
Development or his/her representative;
adequate knowledge, training and experience in the
(8) Secretary of the Department of Foreign Affairs or field of dangerous drugs, and in any of the following
his/her representative; fields: law enforcement, law, medicine, criminology,
psychology or social work.
(9) Secretary of the Department of Education or
his/her representative; Two deputies executive director, for administration
and operations, with the ranks of assistant secretary,
(10) Chairman of the Commission on Higher shall be appointed by the President upon
Education or his/her representative; recommendation of the Board. They shall possess the
same qualifications as those of the executive director.
(11) Chairman of the National Youth Commission; They shall receive a salary corresponding to their
position as prescribed by the Salary Standardization
(12) Director General of the Philippine Drug Law as a Career Service Officer.
Enforcement Agency.
The existing secretariat of the Board shall be under
Cabinet secretaries who are members of the Board the administrative control and supervision of the
may designate their duly authorized and permanent Executive Director. It shall be composed of the
representatives whose ranks shall in no case be lower following divisions, namely: Policy Studies, Research
than undersecretary. and Statistics; Preventive Education, Training and
Information; Legal Affairs; and the Administrative
The two (2) regular members shall be as follows: and Financial Management.
(a) The president of the Integrated Bar of the Section 81. Powers and Duties of the Board. – The
Philippines; and Board shall:
(a) Formulate, develop and establish a Court to meet the objectives of the national drug
comprehensive, integrated, unified and balanced control programs;
national drug use prevention and control strategy;
(h) Design and develop, in consultation and
(b) Promulgate such rules and regulations as may be coordination with the DOH, DSWD and other
necessary to carry out the purposes of this Act, agencies involved in drugs control, treatment and
including the manner of safekeeping, disposition, rehabilitation, both public and private, a national
burning or condemnation of any dangerous drug treatment and rehabilitation program for drug
and/or controlled precursor and essential chemical dependents including a standard aftercare and
under its charge and custody, and prescribe community service program for recovering drug
administrative remedies or sanctions for the dependents;
violations of such rules and regulations;
(i) Design and develop, jointly with the DOLE and in
(c) Conduct policy studies, program monitoring and consultation with labor and employer groups as well
evaluations and other researches on drug prevention, as nongovernment organizations a drug abuse
control and enforcement; prevention program in the workplace that would
include a provision for employee assistance programs
(d) Initiate, conduct and support scientific, clinical, for emotionally-stressed employees;
social, psychological, physical and biological
researches on dangerous drugs and dangerous drugs (j) Initiate and authorize closure proceedings against
prevention and control measures; non-accredited and/or substandard rehabilitation
centers based on verified reports of human rights
(e) Develop an educational program and information violations, subhuman conditions, inadequate medical
drive on the hazards and prevention of illegal use of training and assistance and excessive fees for
any dangerous drug and/or controlled precursor and implementation by the PDEA;
essential chemical based on factual data, and
disseminate the same to the general public, for which (k) Prescribe and promulgate rules and regulations
purpose the Board shall endeavor to make the general governing the establishment of such centers, networks
public aware of the hazards of any dangerous drugs and laboratories as deemed necessary after
and/or controlled precursor and essential chemical by conducting a feasibility study in coordination with the
providing among others, literature, films, displays or DOH and other government agencies;
advertisements and by coordinating with all
institutions of learning as well as with all national and (l) Receive, gather, collect and evaluate all
local enforcement agencies in planning and information on the importation, exportation,
conducting its educational campaign programs to be production, manufacture, sale, stocks, seizures of and
implemented by the appropriate government the estimated need for any dangerous drug and/or
agencies; controlled precursor and essential chemical, for which
purpose the Board may require from any official,
(f) Conduct continuing seminars for, and instrumentality or agency of the government or any
consultations with, and provide information materials private person or enterprise dealing in, or engaged in
to judges and prosecutors in coordination with the activities having to do with any dangerous drug
Office of the Court Administrator, in the case of and/or controlled precursors and essential chemicals
judges, and the DOJ, in the case of prosecutors, which such data or information as it may need to implement
aim to provide them with the current developments this Act;
and programs of the Board pertinent to its campaign
against dangerous drugs and its scientific researches (m) Gather and prepare detailed statistics on the
on dangerous drugs, its prevention and control importation, exportation, manufacture, stocks,
measures; seizures of and estimates need for any dangerous drug
and/or controlled precursors and essential chemicals
(g) Design special trainings in order to provide law and such other statistical data on said drugs as may be
enforcement officers, members of the judiciary, and periodically required by the United Nations Narcotics
prosecutors, school authorities and personnel of Drug Commission, the World Health Organization
centers with knowledge and know-how in dangerous and other international organizations in consonance
drugs and/or controlled precursors and essential with the country's international commitments;
chemicals control in coordination with the Supreme
(n) Develop and maintain international networking any juridical entity owning and/or controlling such
coordination with international drug control agencies drug establishment, and who knowingly participates
and organizations, and implement the provisions of in, or consents to, tolerates, or abets the commission
international conventions and agreements thereon of the act of violations as indicated in the preceding
which have been adopted and approved by the paragraph, all without prejudice to the criminal
Congress of the Philippines; prosecution of the person responsible for the said
violation;
(o) Require all government and private hospitals,
clinics, doctors, dentists and other practitioners to (u) Appoint such technical, administrative and other
submit a report to it, in coordination with the PDEA, personnel as may be necessary for the effective
about all dangerous drugs and/or controlled implementation of this Act, subject to the Civil Service
precursors and essential chemicals-related cases to Law and its rules and regulations;
which they have attended for statistics and research
purposes; (v) Establish a regular and continuing consultation
with concerned government agencies and medical
(p) Receive in trust legacies, gifts and donations of professional organizations to determine if balance
real and personal properties of all kinds, to administer exists in policies, procedures, rules and regulations on
and dispose the same when necessary for the benefit dangerous drugs and to provide recommendations on
of government and private rehabilitation centers how the lawful use of dangerous drugs can be
subject to limitations, directions and instructions improved and facilitated; and
from the donors, if any;
(w) Submit an annual and periodic reports to the
(q) Issue guidelines as to the approval or disapproval President, the Congress of the Philippines and the
of applications for voluntary treatment, rehabilitation Senate and House of Representatives committees
or confinement, wherein it shall issue the necessary concerned as may be required from time to time, and
guidelines, rules and regulations pertaining to the perform such other functions as may be authorized or
application and its enforcement; required under existing laws and as directed by the
President himself/herself or as recommended by the
(r) Formulate guidelines, in coordination with other congressional committees concerned.
government agencies, the importation, distribution,
production, manufacture, compounding, prescription, Section 82. Creation of the Philippine Drug
dispensing and sale of, and other lawful acts in Enforcement Agency (PDEA). – To carry out the
connection with any dangerous drug, controlled provisions of this Act, the PDEA, which serves as the
precursors and essential chemicals and other similar implementing arm of the Board, and shall be
or analogous substances of such kind and in such responsible for the efficient and effective law
quantity as it may deem necessary according to the enforcement of all the provisions on any dangerous
medical and research needs or requirements of the drug and/or controlled precursor and essential
country including diet pills containing ephedrine and chemical as provided in this Act.
other addictive chemicals and determine the quantity
and/or quality of dangerous drugs and controlled The PDEA shall be headed by a Director General with
precursors and essential chemicals to be imported, the rank of Undersecretary, who shall be responsible
manufactured and held in stock at any given time by for the general administration and management of the
authorized importer, manufacturer or distributor of Agency. The Director General of the PDEA shall be
such drugs; appointed by the President of the Philippines and
shall perform such other duties that may be assigned
(s) Develop the utilization of a controlled delivery to him/her. He/she must possess adequate
scheme in addressing the transshipment of dangerous knowledge, training and experience in the field of
drugs into and out of the country to neutralize dangerous drugs, and in any of the following fields:
transnational crime syndicates involved in illegal law enforcement, law, medicine, criminology,
trafficking of any dangerous drugs and/or controlled psychology or social work.
precursors and essential chemicals;
The Director General of the PDEA shall be assisted in
(t) Recommend the revocation of the professional the performance of his/her duties and responsibilities
license of any practitioner who is an owner, co-owner, by two (2) deputies director general with the rank of
lessee, or in the employ of the drug establishment, or Assistant Secretary; one for Operations and the other
manager of a partnership, corporation, association, or one for Administration. The two (2) deputies director
general shall likewise be appointed by the President of (c) Administer oath, issue subpoena and subpoena
the Philippines upon recommendation of the Board. duces tecum relative to the conduct of investigation
The two (2) deputies director general shall possess the involving the violations of this Act;
same qualifications as those of the Director General of
the PDEA. The Director General and the two (2) (d) Arrest and apprehend as well as search all
deputies director general shall receive the violators and seize or confiscate, the effects or
compensation and salaries as prescribed by law. proceeds of the crimes as provided by law and take
custody thereof, for this purpose the prosecutors and
Section 83. Organization of the PDEA. – The enforcement agents are authorized to possess
present Secretariat of the National Drug Law firearms, in accordance with existing laws;
Enforcement and Prevention Coordinating Center as
created by Executive Order No. 61 shall be accordingly (e) Take charge and have custody of all dangerous
modified and absorbed by the PDEA. drugs and/or controlled precursors and essential
chemicals seized, confiscated or surrendered to any
The Director General of the PDEA shall be responsible national, provincial or local law enforcement agency,
for the necessary changes in the organizational set-up if no longer needed for purposes of evidence in court;
which shall be submitted to the Board for approval.
(f) Establish forensic laboratories in each PNP office
For purposes of carrying out its duties and powers as in every province and city in order to facilitate action
provided for in the succeeding Section of this Act, the on seize or confiscated drugs, thereby hastening its
PDEA shall have the following Services, namely: destruction without delay;
Intelligence and Investigation; International
Cooperation and Foreign Affairs; Preventive (g) Recommend to the DOJ the forfeiture of
Education and Community Involvement; Plans and properties and other assets of persons and/or
Operations; Compliance; Legal and Prosecution; corporations found to be violating the provisions of
Administrative and Human Resource; Financial this Act and in accordance with the pertinent
Management; Logistics Management; and Internal provisions of the Anti-Money-Laundering Act of 2001;
Affairs.
(h) Prepare for prosecution or cause the filing of
The PDEA shall establish and maintain regional appropriate criminal and civil cases for violation of all
offices in the different regions of the country which laws on dangerous drugs, controlled precursors and
shall be responsible for the implementation of this Act essential chemicals, and other similar controlled
and the policies, programs, and projects of said substances, and assist, support and coordinate with
agency in their respective regions. other government agencies for the proper and
effective prosecution of the same;
Section 84. Powers and Duties of the PDEA. – The
PDEA shall: (i) Monitor and if warranted by circumstances, in
coordination with the Philippine Postal Office and the
(a) Implement or cause the efficient and effective Bureau of Customs, inspect all air cargo packages,
implementation of the national drug control strategy parcels and mails in the central post office, which
formulated by the Board thereby carrying out a appear from the package and address itself to be a
national drug campaign program which shall include possible importation of dangerous drugs and/or
drug law enforcement, control and prevention controlled precursors and essential chemicals,
campaign with the assistance of concerned through on-line or cyber shops via the internet or
government agencies; cyberspace;

(b) Undertake the enforcement of the provisions of (j) Conduct eradication programs to destroy wild or
Article II of this Act relative to the unlawful acts and illegal growth of plants from which dangerous drugs
penalties involving any dangerous drug and/or may be extracted;
controlled precursor and essential chemical and
investigate all violators and other matters involved in (k) Initiate and undertake the formation of a
the commission of any crime relative to the use, abuse nationwide organization which shall coordinate and
or trafficking of any dangerous drug and/or controlled supervise all activities against drug abuse in every
precursor and essential chemical as provided for in province, city, municipality and barangay with the
this Act and the provisions of Presidential Decree No. active and direct participation of all such local
1619; government units and nongovernmental
organizations, including the citizenry, subject to the Section 85. The PDEA Academy. – Upon the
provisions of previously formulated programs of approval of the Board, the PDEA Academy shall be
action against dangerous drugs; established either in Baguio or Tagaytay City, and in
such other places as may be necessary. The PDEA
(l) Establish and maintain a national drug intelligence Academy shall be responsible in the recruitment and
system in cooperation with law enforcement agencies, training of all PDEA agents and personnel. The Board
other government agencies/offices and local shall provide for the qualifications and requirements
government units that will assist in its apprehension of its recruits who must be at least twenty-one (21)
of big-time drug lords; years old, of proven integrity and honesty and a
Baccalaureate degree holder.
(m) Establish and maintain close coordination,
cooperation and linkages with international drug The graduates of the Academy shall later comprise the
control and administration agencies and operating units of the PDEA after the termination of
organizations, and implement the applicable the transition period of five (5) years during which all
provisions of international conventions and the intelligence network and standard operating
agreements related to dangerous drugs to which the procedures of the PDEA has been set up and
Philippines is a signatory; operationalized.

(n) Create and maintain an efficient special The Academy shall be headed by a Superintendent,
enforcement unit to conduct an investigation, file with the rank of Director. He/she shall be appointed
charges and transmit evidence to the proper court, by the PDEA Director General.
wherein members of the said unit shall possess
suitable and adequate firearms for their protection in Section 86. Transfer, Absorption, and Integration
connection with the performance of their of All Operating Units on Illegal Drugs into the PDEA
duties: Provided, That no previous special permit for and Transitory Provisions. – The Narcotics Group of
such possession shall be required; the PNP, the Narcotics Division of the NBI and the
Customs Narcotics Interdiction Unit are hereby
(o) Require all government and private hospitals, abolished; however they shall continue with the
clinics, doctors, dentists and other practitioners to performance of their task as detail service with the
submit a report to it, in coordination with the Board, PDEA, subject to screening, until such time that the
about all dangerous drugs and/or controlled organizational structure of the Agency is fully
precursors and essential chemicals which they have operational and the number of graduates of the PDEA
attended to for data and information purposes; Academy is sufficient to do the task
themselves: Provided, That such personnel who are
(p) Coordinate with the Board for the facilitation of affected shall have the option of either being
the issuance of necessary guidelines, rules and integrated into the PDEA or remain with their original
regulations for the proper implementation of this Act; mother agencies and shall, thereafter, be immediately
reassigned to other units therein by the head of such
(q) Initiate and undertake a national campaign for
agencies. Such personnel who are transferred,
drug prevention and drug control programs, where it
absorbed and integrated in the PDEA shall be
may enlist the assistance of any department, bureau,
extended appointments to positions similar in rank,
office, agency or instrumentality of the government,
salary, and other emoluments and privileges granted
including government-owned and or –controlled
to their respective positions in their original mother
corporations, in the anti-illegal drugs drive, which
agencies.
may include the use of their respective personnel,
facilities, and resources for a more resolute detection The transfer, absorption and integration of the
and investigation of drug-related crimes and different offices and units provided for in this Section
prosecution of the drug traffickers; and shall take effect within eighteen (18) months from the
effectivity of this Act: Provided, That personnel
(r) Submit an annual and periodic reports to the
absorbed and on detail service shall be given until five
Board as may be required from time to time, and
(5) years to finally decide to join the PDEA.
perform such other functions as may be authorized or
required under existing laws and as directed by the Nothing in this Act shall mean a diminution of the
President himself/herself or as recommended by the investigative powers of the NBI and the PNP on all
congressional committees concerned. other crimes as provided for in their respective
organic laws: Provided, however, That when the operations of such centers: Provided, That the said
investigation being conducted by the NBI, PNP or amount shall be taken from the fifty percent (50%)
any ad hoc anti-drug task force is found to be a share of the National Government in the income of
violation of any of the provisions of this Act, the PDEA PAGCOR: Provided, further, That the said amount
shall be the lead agency. The NBI, PNP or any of the shall automatically be remitted by PAGCOR to the
task force shall immediately transfer the same to the Board. The amount shall, in turn, be disbursed by the
PDEA: Provided, further, That the NBI, PNP and the Dangerous Drugs Board, subject to the rules and
Bureau of Customs shall maintain close coordination regulations of the Commission on Audit (COA).
with the PDEA on all drug related matters.
The fund may be augmented by grants, donations,
ARTICLE X and endowment from various sources, domestic or
foreign, for purposes related to their functions,
Appropriations, Management of Funds and subject to the existing guidelines set by the
Annual Report government.

Section 87. Appropriations. – The amount Section 88. Management of Funds Under this Act;
necessary for the operation of the Board and the Annual Report by the Board and the PDEA. – The
PDEA shall be charged against the current year's Board shall manage the funds as it may deem proper
appropriations of the Board, the National Drug Law for the attainment of the objectives of this Act. In
Enforcement and Prevention Coordinating Center, the addition to the periodic reports as may be required
Narcotics Group of the PNP, the Narcotics Division of under this Act, the Chairman of the Board shall
the NBI and other drug abuse units of the different submit to the President of the Philippines and to the
law enforcement agencies integrated into the PDEA in presiding officers of both houses of Congress, within
order to carry out the provisions of this Act. fifteen (15) days from the opening of the regular
Thereafter, such sums as may be necessary for the session, an annual report on the dangerous drugs
continued implementation of this Act shall be situation in the country which shall include detailed
included in the annual General Appropriations Act. account of the programs and projects undertaken,
statistics on crimes related to dangerous drugs,
All receipts derived from fines, fees and other income expenses incurred pursuant to the provisions of this
authorized and imposed in this Act, including ten Act, recommended remedial legislation, if needed,
percent (10%) of all unclaimed and forfeited and such other relevant facts as it may deem proper to
sweepstakes and lotto prizes but not less than twelve cite.
million pesos (P12,000,000.00) per year from the
Philippine Charity Sweepstakes Office (PCSO), are Section 89. Auditing the Accounts and Expenses of
hereby constituted as a special account in the general the Board and the PDEA. – All accounts and expenses
fund for the implementation of this Act: Provided, of the Board and the PDEA shall be audited by the
That no amount shall be disbursed to cover the COA or its duly authorized representative.
operating expenses of the Board and other concerned
agencies: Provided, further, That at least fifty percent ARTICLE XI
(50%) of all the funds shall be reserved for assistance
to government-owned and/or operated rehabilitation Jurisdiction Over Dangerous Drugs Cases
centers.
Section 90. Jurisdiction. – The Supreme Court shall
The fines shall be remitted to the Board by the court designate special courts from among the existing
imposing such fines within thirty (30) days from the Regional Trial Courts in each judicial region to
finality of its decisions or orders. The unclaimed and exclusively try and hear cases involving violations of
forfeited prizes shall be turned over to the Board by this Act. The number of courts designated in each
the PCSO within thirty (30) days after these are judicial region shall be based on the population and
collected and declared forfeited. the number of cases pending in their respective
jurisdiction.
A portion of the funds generated by the Philippine
Amusement and Gaming Corporation (PAGCOR) in The DOJ shall designate special prosecutors to
the amount of Five million pesos (P5,000,000.00) a exclusively handle cases involving violations of this
month shall be set aside for the purpose of Act.
establishing adequate drug rehabilitation centers in
the country and also for the maintenance and
The preliminary investigation of cases filed under this the law enforcement agency or government employee
Act shall be terminated within a period of thirty (30) may be transferred or re-assigned for compelling
days from the date of their filing. reasons: Provided, That his/her immediate superior
shall notify the court where the case is pending of the
When the preliminary investigation is conducted by a order to transfer or re-assign, within twenty-four (24)
public prosecutor and a probable cause is established, hours from its approval; Provided, further, That
the corresponding information shall be filed in court his/her immediate superior shall be penalized with
within twenty-four (24) hours from the termination of imprisonment of not less than two (2) months and
the investigation. If the preliminary investigation is one (1) day but not more than six (6) years and a fine
conducted by a judge and a probable cause is found to of not less than Ten thousand pesos (P10,000.00) but
exist, the corresponding information shall be filed by not more than Fifty thousand pesos (P50,000.00) and
the proper prosecutor within forty-eight (48) hours in addition, perpetual absolute disqualification from
from the date of receipt of the records of the case. public office, should he/she fail to notify the court of
such order to transfer or re-assign.
Trial of the case under this Section shall be finished by
the court not later than sixty (60) days from the date Prosecution and punishment under this Section shall
of the filing of the information. Decision on said cases be without prejudice to any liability for violation of
shall be rendered within a period of fifteen (15) days any existing law.
from the date of submission of the case for resolution.
Section 92. Delay and Bungling in the Prosecution
Section 91. Responsibility and Liability of Law of Drug Cases. – Any government officer or employee
Enforcement Agencies and other Government tasked with the prosecution of drug-related cases
Officials and Employees in Testifying as Prosecution under this act, who, through patent laxity, inexcusable
Witnesses in Dangerous Drugs Cases. – Any member neglect, unreasonable delay or deliberately causes the
of law enforcement agencies or any other government unsuccessful prosecution and/or dismissal of the said
official and employee who, after due notice, fails or drug cases, shall suffer the penalty of imprisonment
refuses intentionally or negligently, to appear as a ranging from twelve (12) years and one (1) day to
witness for the prosecution in any proceedings, twenty (20) years without prejudice to his/her
involving violations of this Act, without any valid prosecution under the pertinent provisions of the
reason, shall be punished with imprisonment of not Revised Penal Code.
less than twelve (12) years and one (1) day to twenty
(20) years and a fine of not less than Five hundred Section 93. Reclassification, Addition or Removal of
thousand pesos (P500,000.00), in addition to the Any Drug from the List of Dangerous Drugs. – The
administrative liability he/she may be meted out by Board shall have the power to reclassify, add to or
his/her immediate superior and/or appropriate body. remove from the list of dangerous drugs. Proceedings
to reclassify, add, or remove a drug or other substance
The immediate superior of the member of the law may be initiated by the PDEA, the DOH, or by petition
enforcement agency or any other government from any interested party, including the manufacturer
employee mentioned in the preceding paragraph shall of a drug, a medical society or association, a pharmacy
be penalized with imprisonment of not less than two association, a public interest group concerned with
(2) months and one (1) day but not more than six (6) drug abuse, a national or local government agency, or
years and a fine of not less than Ten thousand pesos an individual citizen. When a petition is received by
(P10,000.00) but not more than Fifty thousand pesos the Board, it shall immediately begin its own
(P50,000.00) and in addition, perpetual absolute investigation of the drug. The PDEA also may begin
disqualification from public office if despite due an investigation of a drug at any time based upon the
notice to them and to the witness concerned, the information received from law enforcement
former does not exert reasonable effort to present the laboratories, national and local law enforcement and
latter to the court. regulatory agencies, or other sources of information.

The member of the law enforcement agency or any The Board after notice and hearing shall consider the
other government employee mentioned in the following factors with respect to each substance
preceding paragraphs shall not be transferred or re- proposed to be reclassified, added or removed from
assigned to any other government office located in control:
another territorial jurisdiction during the pendency of
the case in court. However, the concerned member of (a) Its actual or relative potential for abuse;
(b) Scientific evidence of its pharmacological effect if reclassification, addition, or removal of any drug from
known; the list of dangerous drugs.

(c) The state of current scientific knowledge regarding ARTICLE XII


the drug or other substance;
Implementing Rules and Regulations
(d) Its history and current pattern of abuse;
Section 94. Implementing Rules and Regulations. –
(e) The scope, duration, and significance of abuse; The present Board in consultation with the DOH,
DILG, DOJ, DepEd, DSWD, DOLE, PNP, NBI,
(f) Risk to public health; and PAGCOR and the PCSO and all other concerned
government agencies shall promulgate within sixty
(g) Whether the substance is an immediate precursor (60) days the Implementing Rules and Regulations
of a substance already controlled under this Act. that shall be necessary to implement the provisions of
this Act.
The Board shall also take into accord the obligations
and commitments to international treaties, ARTICLE XIII
conventions and agreements to which the Philippines
is a signatory. Final Provisions

The Dangerous Drugs Board shall give notice to the Section 95. Congressional Oversight Committee. –
general public of the public hearing of the There is hereby created a Congressional Oversight
reclassification, addition to or removal from the list of Committee composed of seven (7) Members from the
any drug by publishing such notice in any newspaper Senate and seven (7) Members from the House of
of general circulation once a week for two (2) weeks. Representatives. The Members from the Senate shall
be appointed by the Senate President based on the
The effect of such reclassification, addition or removal proportional representation of the parties or
shall be as follows: coalitions therein with at least two (2) Senators
representing the Minority. The Members from the
(a) In case a dangerous drug is reclassified as
House of Representatives shall be appointed by the
precursors and essential chemicals, the penalties for
Speaker, also based on proportional representation of
the violations of this Act involving the two latter
the parties or coalitions therein with at least two (2)
categories of drugs shall, in case of conviction, be
Members representing the Minority.
imposed in all pending criminal prosecutions;
The Committee shall be headed by the respective
(b) In case a precursors and essential chemicals is
Chairpersons of the Senate Committee on Public
reclassified as dangerous drug, the penalties for
Order and Illegal Drugs and the House of
violations of the Act involving precursors and
Representatives Committee on Dangerous Drugs.
essential chemicals shall, in case of conviction, be
imposed in all pending criminal prosecutions; Section 96. Powers and Functions of the Oversight
Committee. – The Oversight Committee on
(c) In case of the addition of a new drug to the list of
Dangerous Drugs shall, in aid of legislation, perform
dangerous drugs and precursors and essential
the following functions, among others:
chemicals, no criminal liability involving the same
under this Act shall arise until after the lapse of fifteen (a) To set the guidelines and overall framework to
(15) days from the last publication of such notice; monitor and ensure the proper implementation of this
Act;
(d) In case of removal of a drug from the list of
dangerous drugs and precursors and essential (b) To ensure transparency and require the
chemicals, all persons convicted and/or detained for submission of reports from government agencies
the use and/or possession of such a drug shall be concerned on the conduct of programs, projects and
automatically released and all pending criminal policies relating to the implementation of this act;
prosecution involving such a drug under this Act shall
forthwith be dismissed; and (c) To approve the budget for the programs of the
Oversight Committee on Dangerous Drugs and all
(e) The Board shall, within five (5) days from the date
of its promulgation submit to Congress a detailed
disbursements therefrom, including compensation of Section 99. Separability Clause. – If for any reason
all personnel; any section or provision of this Act, or any portion
thereof, or the application of such section, provision
(d) To submit periodic reports to the President of the or portion thereof to any person, group or
Philippines and Congress on the implementation of circumstance is declared invalid or unconstitutional,
the provisions of this Act; the remainder of this Act shall not be affected by such
declaration and shall remain in force and effect.
(e) To determine inherent weaknesses in the law and
recommend the necessary remedial legislation or Section 100. Repealing Clause. – Republic Act No.
executive measures; and 6425, as amended, is hereby repealed and all other
laws, administrative orders, rules and regulations, or
(f) To perform such other duties, functions and parts thereof inconsistent with the provisions of this
responsibilities as may be necessary to effectively Act, are hereby repealed or modified accordingly.
attain the objectives of this Act.
Section 101. Amending Clause. – Republic Act No.
Section 97. Adoption of Committee Rules and 7659 is hereby amended accordingly.
Regulations, and Funding. – The Oversight
Committee on Dangerous Drugs shall adopt its Section 102. Effectivity. – This Act shall take effect
internal rules of procedure, conduct hearings and fifteen (15) days upon its publication in at least two
receive testimonies, reports, and technical advice, (2) national newspapers of general circulation.
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.
PRESIDENTIAL DECREE No. 1612
The Oversight Committee on Dangerous Drugs shall
be assisted by a secretariat to be composed by ANTI-FENCING LAW OF 1979
personnel who may be seconded from the Senate and
WHEREAS, reports from law enforcement agencies
the House of Representatives and may retain
reveal that there is rampant robbery and thievery of
consultants.
government and private properties;
To carry out the powers and functions of the
WHEREAS, such robbery and thievery have become
Oversight Committee on Dangerous Drugs, the initial
profitable on the part of the lawless elements because
sum of Twenty-five million pesos (P25,000,000.00)
of the existence of ready buyers, commonly known as
shall be charged against the current appropriations of
fence, of stolen properties;lawphil.net
the Senate. Thereafter, such amount necessary for its
continued operations shall be included in the annual
WHEREAS, under existing law, a fence can be
General Appropriations Act.
prosecuted only as an accessory after the fact and
punished lightly;
The Oversight Committee on Dangerous Drugs shall
exist for a period of ten (10) years from the effectivity
WHEREAS, is imperative to impose heavy penalties
of this Act and may be extended by a joint concurrent
on persons who profit by the effects of the crimes of
resolution.
robbery and theft.
Section 98. Limited Applicability of the Revised
NOW, THEREFORE, I, FERDINAND E. MARCOS,
Penal Code. – Notwithstanding any law, rule or
President of the Philippines by virtue of the powers
regulation to the contrary, the provisions of the
vested in me by the Constitution, do hereby order and
Revised Penal Code (Act No. 3814), as amended, shall
decree as part of the law of the land the following:
not apply to the provisions of this Act, except in the
case of minor offenders. Where the offender is a Section 1. Title. This decree shall be known as the
minor, the penalty for acts punishable by life Anti-Fencing Law.
imprisonment to death provided herein shall
be reclusion perpetua to death. Section 2. Definition of Terms. The following terms
shall mean as follows:
(a) "Fencing" is the act of any person who, with intent Section 5. Presumption of Fencing. Mere possession
to gain for himself or for another, shall buy, receive, of any good, article, item, object, or anything of value
possess, keep, acquire, conceal, sell or dispose of, or which has been the subject of robbery or thievery shall
shall buy and sell, or in any other manner deal in any be prima facie evidence of fencing.
article, item, object or anything of value which he
knows, or should be known to him, to have been Section 6. Clearance/Permit to Sell/Used Second
derived from the proceeds of the crime of robbery or Hand Articles. For purposes of this Act, all stores,
theft. establishments or entities dealing in the buy and sell
of any good, article item, object of anything of value
(b) "Fence" includes any person, firm, association obtained from an unlicensed dealer or supplier
corporation or partnership or other organization thereof, shall before offering the same for sale to the
who/which commits the act of fencing. public, secure the necessary clearance or permit from
the station commander of the Integrated National
Section 3. Penalties. Any person guilty of fencing Police in the town or city where such store,
shall be punished as hereunder indicated: establishment or entity is located. The Chief of
Constabulary/Director General, Integrated National
(a) The penalty of prision mayor, if the value of the Police shall promulgate such rules and regulations to
property involved is more than 12,000 pesos but not carry out the provisions of this section. Any person
exceeding 22,000 pesos; if the value of such property who fails to secure the clearance or permit required by
exceeds the latter sum, the penalty provided in this this section or who violates any of the provisions of
paragraph shall be imposed in its maximum period, the rules and regulations promulgated thereunder
adding one year for each additional 10,000 pesos; but shall upon conviction be punished as a
the total penalty which may be imposed shall not fence. lawphi1.net
exceed twenty years. In such cases, the penalty shall
be termed reclusion temporal and the accessory Section 7. Repealing Clause. All laws or parts
penalty pertaining thereto provided in the Revised thereof, which are inconsistent with the provisions of
Penal Code shall also be imposed. this Decree are hereby repealed or modified
accordingly.
(b) The penalty of prision correccional in its medium
and maximum periods, if the value of the property Section 8. Effectivity. This Decree shall take effect
robbed or stolen is more than 6,000 pesos but not upon approval.
exceeding 12,000 pesos.
Done in the City of Manila, this 2nd day of March, in
(c) The penalty of prision correccional in its minimum the year of Our Lord, nineteen hundred and seventy-
and medium periods, if the value of the property nine.
involved is more than 200 pesos but not exceeding
6,000 pesos. RULES AND REGULATIONS TO CARRY OUT
THE PROVISIONS OF SECTION 6 OF
(d) The penalty of arresto mayor in its medium period PRESIDENTIAL DECREE NO. 1612, KNOWN
to prision correccional in its minimum period, if the AS THE ANTI-FENCING LAW.
value of the property involved is over 50 pesos but not
exceeding 200 pesos. Pursuant to Section 6 of Presidential Decree No. 1612,
known as the Anti-Fencing Law, the following rules
(e) The penalty of arresto mayor in its medium period and regulations are hereby promulgated to govern the
if such value is over five (5) pesos but not exceeding issuance of clearances/permits to sell used
50 pesos. secondhand articles obtained from an unlicensed
dealer or supplier thereof:
(f) The penalty of arresto mayor in its minimum
period if such value does not exceed 5 pesos. I. Definition of Terms

Section 4. Liability of Officials of Juridical Persons. 1. "Used secondhand article" shall refer to any goods,
If the fence is a partnership, firm, corporation or article, item, object or anything of value obtained
association, the president or the manager or any from an unlicensed dealer or supplier, regardless of
officer thereof who knows or should have known the whether the same has actually or in fact been used.
commission of the offense shall be liable.
2. "Unlicensed dealer/supplier" shall refer to any III. Procedure for Procurement of Clearances or
persons, partnership, firm, corporation, association or Permits
any other entity or establishment not licensed by the
government to engage in the business of dealing in or 1. The Station Commanders concerned shall require
of supplying the articles defined in the preceding the owner of a store or the president, manager or
paragraph. responsible officer-in-charge of a firm, establishment
or other entity located within their respective
3. "Store", "establishment" or "entity" shall be jurisdictions and in possession of or having in stock
construed to include any individual dealing in the used secondhand articles as defined herein, to submit
buying and selling used secondhand articles, as an initial affidavit within thirty (30) days from receipt
defined in paragraph hereof. of notice for the purpose thereof and subsequent
affidavits once every fifteen (15) days within five (5)
4. "Buy and Sell" refer to the transaction whereby one days after the period covered, which shall contain:
purchases used secondhand articles for the purpose of
resale to third persons. (a) A complete inventory of such articles acquired
daily from whatever source and the names and
5. "Station Commander" shall refer to the Station addresses of the persons from whom such articles
Commander of the Integrated National Police within were acquired.
the territorial limits of the town or city district where
the store, establishment or entity dealing in the (b) A full list of articles to be sold or offered for sale as
buying and selling of used secondhand articles is well as the place where the date when the sale or offer
located. for sale shall commence.

II. Duty to Procure Clearance or Permit (c) The place where the articles are presently
deposited or kept in stock.
1. No person shall sell or offer to sell to the public any
used secondhand article as defined herein without The Station Commander may, at his discretion when
first securing a clearance or permit for the purpose the circumstances of each case warrant, require that
from the proper Station Commander of the Integrated the affidavit submitted be accompanied by other
National Police. documents showing proof of legitimacy of the
acquisition of the articles.
2. If the person seeking the clearance or permit is a
partnership, firm, corporation, or association or group 2. A party required to secure a clearance or permit
of individuals, the clearance or permit shall be under these rules and regulations shall file an
obtained by or in the name of the president, manager application therefor with the Station Commander
or other responsible officer-in-charge thereof. concerned. The application shall state:

3. If a store, firm, corporation, partnership, (a) The name, address and other pertinent
association or other establishment or entity has a circumstances of the persons, in case of an individual
branch or subsidiary and the used secondhand article or, in the case of a firm, corporation, association,
is acquired by such branch or subsidiary for sale to the partnership or other entity, the name, address and
public, the said branch or subsidiary shall secure the other pertinent circumstances of the president,
required clearance or permit. manager or officer-in-charge.

4. Any goods, article, item, or object or anything of (b) The article to be sold or offered for sale to the
value acquired from any source for which no receipt public and the name and address of the unlicensed
or equivalent document evidencing the legality of its dealer or supplier from whom such article was
acquisition could be presented by the present acquired.
possessor or holder thereof, or the covering receipt, or
equivalent document, of which is fake, falsified or In support of the application, there shall be attached
irregularly obtained, shall be presumed as having to it the corresponding receipt or other equivalent
been acquired from an unlicensed dealer or supplier document to show proof of the legitimacy of
and the possessor or holder thereof must secure the acquisition of the article.
required clearance or permit before the same can be
sold or offered for sale to the public. 3. The Station Commander shall examine the
documents attached to the application and may
require the presentation of other additional Denial of an application shall be in writing and shall
documents, if necessary, to show satisfactory proof of state in brief the reason/s therefor.
the legitimacy of acquisition of the article, subject to
the following conditions: 5. The application, clearance/permit or the denial
thereof, including such other documents as may be
(a) If the legitimacy of acquisition of any article from pertinent in the implementation of Section 6 of P.D.
an unlicensed source cannot be satisfactorily No. 1612 shall be in the forms prescribed in Annexes
established by the documents presented, the Station "A", "B", "C", "D", and "E" hereof, which are made
Commander shall, upon approval of the INP integral parts of these rules and regulations.
Superintendent in the district and at the expense of
the party seeking the clearance/permit, cause the 6. For the issuance of clearances/permit required
publication of a notice in a newspaper of general under Section 6 of P.D. No. 1612, no fee shall be
circulation for two (2) successive days enumerating charged.
therein the articles acquired from an unlicensed
dealer or supplier, the names and addresses of the IV. Appeals
persons from whom they were acquired and shall
Any party aggrieved by the action taken by the Station
state that such articles are to be sold or offered for
Commander may elevate the decision taken in the
sale to the public at the address of the store,
case to the proper INP District Superintendent and, if
establishment or other entity seeking the
he is still dissatisfied therewith may take the same on
clearance/permit. In places where no newspapers are
appeal to the INP Director. The decision of the INP
in general circulation, the party seeking the clearance
Director may also be appealed to the INP Director-
or permit shall, instead, post a notice daily for one
General whose decision may likewise be appealed to
week on the bulletin board of the municipal building
the Minister of National Defense. The decision of the
of the town where the store, firm, establishment or
Minister of National Defense on the case shall be
entity concerned is located or, in the case of an
final. The appeal against the decision taken by a
individual, where the articles in his possession are to
Commander lower than the INP Director-General
be sold or offered for sale.
should be filed to the next higher Commander within
(b) If after 15 days, upon expiration of the period of ten (10) days from receipt of notice of the decision.
publication or of the notice referred to in the The decision of the INP Director-General should be
preceding paragraph, no claim is made with respect to appealed within fifteen (15) days from receipt of
any of the articles enumerated in the notice, the notice of the decision.
Station Commander shall issue the clearance or
V. Penalties
permit sought.
1. Any person who fails to secure the clearance or
(c) If, before expiration of the same period for
permit required by Section 6 of P.D. 1612 or who
publication of the notice or its posting, it shall appear
violates any of the provisions of these rules and
that any of the articles in question is stolen property,
regulations shall upon conviction be punished as a
the Station Commander shall hold the article in
fence.
restraint as evidence in any appropriate case to be
filed. Articles held in restraint shall be kept and
2. The INP Director-General shall recommend to the
disposed of as the circumstances of each case permit,
proper authority the cancellation of the business
taking into account all considerations of right and
license of the erring individual, store, establishment
justice in the case. In any case where any article is
or the entity concerned.
held in restraint, it shall be the duty of the Station
Commander concerned to advise/notify the 3. Articles obtained from unlicensed sources for sale
Commission on Audit of the case and comply with or offered for sale without prior compliance with the
such procedure as may be proper under applicable provisions of Section 6 of P.D. No. 1612 and with these
existing laws, rules and regulations. rules and regulations shall be held in restraint until
satisfactory evidence or legitimacy of acquisition has
4. The Station Commander concerned shall, within
been established.
seventy-two (72) hours from receipt of the
application, act thereon by either issuing the 4. Articles for which no satisfactory evidence of
clearance/permit requested or denying the same. legitimacy of acquisition is established and which are
found to be stolen property shall likewise be held
under restraint and shall, furthermore, be subject to taken and shall be accompanied by an inventory of the
confiscation as evidence in the appropriate case to be articles to be sold or offered for sale in his jurisdiction.
filed. If, upon termination of the case, the same is not
claimed by their legitimate owners, the article/s shall 2. The INP District Superintendent shall, on the basis
be forfeited in favor of the government and made of the reports submitted by the Station Commander,
subject to disposition as the circumstances warrant in in turn submit quarterly reports to the appropriate
accordance with applicable existing laws, rules and INP Director containing a consolidation of the
regulations. The Commission on Audit shall, in all information stated in the reports of Station
cases, be notified. Commanders in his jurisdiction.

5. Any personnel of the Integrated National Police 3. Reports from INP District Superintendent shall
found violating the provisions of Section 6 of P.D. No. serve as basis for a consolidated report to be
1612 or any of its implementing rules and regulations submitted semi-annually by INP Directors to the
or who, in any manner whatsoever, connives with or Director-General, Integrated National Police.
through his negligence or inaction makes possible the
commission of such violations by any party required 4. In all cases, reports emanating from the different
to comply with the law and its implementing rules and levels of the Integrated National Police shall be
regulations, shall be prosecuted criminally without accompanied with full and accurate inventories of the
prejudice to the imposition of administrative articles acquired from unlicensed dealers or suppliers
penalties. and proposed to be sold or offered for sale in the
jurisdictions covered by the report.
VI. Visitorial Power
These implementing rules and regulations, having
It shall be the duty of the owner of the store or of the been published in a newspaper of national circulation,
president, manager or responsible officer-in-charge of shall take effect on June 15, 1979.
any firm, establishment or other entity or of an
individual having in his premises articles to be sold or FOR THE CHIEF OF CONSTABULARY DIRECTOR-
offered for sale to the public to allow the Station GENERAL, INP:
Commander or his authorized representative to
BATAS PAMBANSA BLG. 22
exercise visitorial powers. For this purpose, however,
the power to conduct visitations shall be exercise only
AN ACT PENALIZING THE MAKING OR
during office or business hours and upon authority in
DRAWING AND ISSUANCE OF A CHECK
writing from and by the INP Superintendent in the
WITHOUT SUFFICIENT FUNDS OR CREDIT
district and for the sole purpose of determining
AND FOR OTHER PURPOSES.
whether articles are kept in possession or stock
contrary to the intents of Section 6 of P.D. No. 1612 Section 1. Checks without sufficient funds. - Any
and of these rules and regulations. person who makes or draws and issues any check to
apply on account or for value, knowing at the time of
VII. Other Duties Imposed Upon Station
issue that he does not have sufficient funds in or
Commanders and INP District Superintendent and
credit with the drawee bank for the payment of such
Directors Following Action on Applications for
check in full upon its presentment, which check is
Clearances or Permits
subsequently dishonored by the drawee bank for
insufficiency of funds or credit or would have been
1. At the end of each month, it shall be the duty of the
dishonored for the same reason had not the drawer,
Station Commander concerned to:
without any valid reason, ordered the bank to stop
(a) Make and maintain a file in his office of all payment, shall be punished by imprisonment of not
clearances/permit issued by him. less than thirty days but not more than one (1) year or
by a fine of not less than but not more than double the
(b) Submit a full report to the INP District amount of the check which fine shall in no case exceed
Superintendent on the number of applications for Two Hundred Thousand Pesos, or both such fine and
clearances or permits processed by his office, imprisonment at the discretion of the court.
indicating therein the number of clearances/permits
issued and the number of applications denied. The The same penalty shall be imposed upon any person
report shall state the reasons for denial of an who, having sufficient funds in or credit with the
application and the corresponding follow-up actions drawee bank when he makes or draws and issues a
check, shall fail to keep sufficient funds or to maintain to any liability for violation of any provision of the
a credit to cover the full amount of the check if Revised Penal Code.
presented within a period of ninety (90) days from the
date appearing thereon, for which reason it is Section 6. Separability clause. - If any separable
dishonored by the drawee bank. provision of this Act be declared unconstitutional, the
remaining provisions shall continue to be in force.
Where the check is drawn by a corporation, company
or entity, the person or persons who actually signed Section 7. Effectivity. - This Act shall take effect
the check in behalf of such drawer shall be liable fifteen days after publication in the Official
under this Act. Gazette.1âwphi1

Section 2. Evidence of knowledge of insufficient


funds. - The making, drawing and issuance of a check
payment of which is refused by the drawee because of
insufficient funds in or credit with such bank, when
presented within ninety (90) days from the date of the
check, shall be prima facie evidence of knowledge of
such insufficiency of funds or credit unless such
maker or drawer pays the holder thereof the amount
due thereon, or makes arrangements for payment in
full by the drawee of such check within (5) banking
days after receiving notice that such check has not
been paid by the drawee.

Section 3. Duty of drawee; rules of evidence. - It


shall be the duty of the drawee of any check, when
refusing to pay the same to the holder thereof upon
presentment, to cause to be written, printed, or
stamped in plain language thereon, or attached
thereto, the reason for drawee's dishonor or refusal to
pay the same: Provided, That where there are no
sufficient funds in or credit with such drawee bank,
such fact shall always be explicitly stated in the notice
of dishonor or refusal. In all prosecutions under this
Act, the introduction in evidence of any unpaid and
dishonored check, having the drawee's refusal to pay
stamped or written thereon or attached thereto, with
the reason therefor as aforesaid, shall be prima facie
evidence of the making or issuance of said check, and
the due presentment to the drawee for payment and
the dishonor thereof, and that the same was properly
dishonored for the reason written, stamped or
attached by the drawee on such dishonored check.

Not with standing receipt of an order to stop payment,


the drawee shall state in the notice that there were no
sufficient funds in or credit with such bank for the
payment in full of such check, if such be the fact.

Section 4. Credit construed. - The word "credit" as


used herein shall be construed to mean an
arrangement or understanding with the bank for the
payment of such check.

Section 5. Liability under the Revised Penal Code. -


Prosecution under this Act shall be without prejudice