Penal Law 2

1
ACT NO. 4103

(As Amended by Act No. 4225 and Republic Act No. 4203 [June 19, 195!"

AN ACT TO PROVIDE FOR AN INDETERMINATE SENTENCE AND PAROLE FOR ALL PERSONS
CONVICTED OF CERTAIN CRIMES BY THE COURTS OF THE PHILIPPINE ISLANDS; TO CREATE A
BOARD OF INDETERMINATE SENTENCE AND TO PROVIDE FUNDS THEREFOR; AND FOR OTHER
PURPOSES.
chan robles virtual law library
Section 1. Hereafter, in imposing a prison sentence for an offense punished by the Revised Penal Code, or its
amendments, the court shall sentence the accused to an indeterminate sentence the maximum term of which
shall be that which, in view of the attending circumstances, could be properly imposed under the rules of the said
Code, and the minimum which shall be within the range of the penalty next lower to that prescribed by the Code
for the offense and if the offense is punished by any other law, the court shall sentence the accused to an
indeterminate sentence, the maximum term of which shall not exceed the maximum fixed by said law and the
minimum shall not be less than the minimum term prescribed by the same.
Sec. !. "his #ct shall not apply to persons convicted of offenses punished with death penalty or life$imprisonment
to those convicted of treason, conspiracy or proposal to commit treason to those convicted of misprision of
treason, rebellion, sedition or espionage to those convicted of piracy to those who are habitual delin%uents to
those who have escaped from confinement or evaded sentence to those who having been granted conditional
pardon by the Chief &xecutive shall have violated the terms thereof to those whose maximum term of
imprisonment does not exceed one year, not to those already sentenced by final 'udgment at the time of approval
of this #ct, except as provided in Section ( hereof. chan robles virtual law library
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Sec. ). "here is hereby created a *oard of Pardons and Parole to be composed of the Secretary of +ustice who
shall be its Chairman, and four members to be appointed by the President, with the consent of the Commission on
#ppointments who shall hold office for a term of six years, Provided, "hat one member of the board shall be a
trained sociologist, one a clergyman or educator, one psychiatrist unless a trained psychiatrist be employed by the
board, and the other members shall be persons %ualified for such wor- by training and experience. #t least one
member of the board shall be a woman. .f the members of the present board, two shall be designated by the
President to continue until /ecember thirty, nineteen hundred and sixty$six and the other two shall continue until
/ecember thirty, nineteen hundred and sixty$nine. 0n case of any vacancy in the membership of the *oard, a
successor may be appointed to serve only for the unexpired portion of the term of the respective members. chan
robles virtual law library
Sec. 1. "he *oard of Pardons and Parole is authori2ed to adopt such rules and regulations as may be necessary
for carrying out its functions and duties. "he *oard is empowered to call upon any bureau, office, branch,
subdivision, agency or instrumentality of the 3overnment for such assistance as it may need in connection with
the performance of its functions. # ma'ority of all the members shall constitute a %uorum and a ma'ority vote shall
be necessary to arrive at a decision. #ny dissent from the ma'ority opinion shall be reduced to writing and filed
with the records of the proceedings. &ach member of the *oard, including the Chairman and the &xecutive
.fficer, shall be entitled to receive as compensation fifty pesos for each meeting actually attended by him,
notwithstanding the provisions of Section two hundred and fifty$nine of the Revised #dministrative Code, and in
addition thereto, reimbursement of actual and necessary traveling expenses incurred in the performance of duties,
Provided, however, "hat the *oard meetings will not be more than three times a wee-. chan robles virtual law
library
Sec. (. 0t shall be the duty of the *oard of 0ndeterminate Sentence to loo- into the physical, mental and moral
record of the prisoners who shall be eligible to parole and to determine the proper time of release of such
prisoners. 4henever any prisoner shall have served the minimum penalty imposed on him, and it shall appear to
the *oard of 0ndeterminate Sentence, from the reports of the prisoner5s wor- and conduct which may be received
in accordance with the rules and regulations prescribed, and from the study and investigation made by the *oard
itself, that such prisoner is fitted by his training for release, that there is a reasonable probability that such prisoner
will live and remain at liberty without violating the law, and that such release will not be incompatible with the
welfare of society, said *oard of 0ndeterminate Sentence may, in its discretion, and in accordance with the rules
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and regulations adopted hereunder, authori2e the release of such prisoner on parole, upon such terms and
conditions as are herein prescribed and as may be prescribed by the *oard. "he said *oard of 0ndeterminate
Sentence shall also examine the records and status of prisoners who shall have been convicted of any offense
other than those named in Section ! hereof, and have been sentenced for more than one year by final 'udgment
prior to the date on which this #ct shall ta-e effect, and shall ma-e recommendation in all such cases to the
3overnor$3eneral with regard to the parole of such prisoners as they shall deem %ualified for parole as herein
provided, after they shall have served a period of imprisonment not less than the minimum period for which they
might have been sentenced under this #ct for the same offense. chan robles virtual law library
Sec. 6. &very prisoner released from confinement on parole by virtue of this #ct shall, at such times and in such
manner as may be re%uired by the conditions of his parole, as may be designated by the said *oard for such
purpose, report personally to such government officials or other parole officers hereafter appointed by the *oard
of 0ndeterminate Sentence for a period of surveillance e%uivalent to the remaining portion of the maximum
sentence imposed upon him or until final release and discharge by the *oard of 0ndeterminate Sentence as herein
provided. "he officials so designated shall -eep such records and ma-e such reports and perform such other
duties hereunder as may be re%uired by said *oard. "he limits of residence of such paroled prisoner during his
parole may be fixed and from time to time changed by the said *oard in its discretion. 0f during the period of
surveillance such paroled prisoner shall show himself to be a law$abiding citi2en and shall not violate any of the
laws of the Philippine 0slands, the *oard of 0ndeterminate Sentence may issue a final certificate of release in his
favor, which shall entitle him to final release and discharge. chan robles virtual law library
Sec. 7. "he *oard shall file with the court which passed 'udgment on the case, and with the Chief of
Constabulary, a certified copy of each order of conditional or final release and discharge issued in accordance
with the provisions of the next preceding two sections.
Sec. 8. 4henever any prisoner released on parole by virtue of this #ct shall, during the period of surveillance,
violate any of the conditions of his parole, the *oard of 0ndeterminate Sentence may issue an order for his re$
arrest which may be served in any part of the Philippine 0slands by any police officer. 0n such case the prisoner so
re$arrested shall serve the remaining unexpired portion of the maximum sentence for which he was originally
committed to prison, unless the *oard of 0ndeterminate Sentence shall, in its discretion, grant a new parole to the
said prisoner. chan robles virtual law library
Sec. 9. :othing in this #ct shall be construed to impair or interfere with the powers of the 3overnor$3eneral as
set forth in Section 61;i< of the Revised #dministrative Code or the #ct of Congress approved #ugust !9, 1916
entitled =#n #ct to declare the purpose of the people of the >nited States as to the future political status of the
people of the Philippine 0slands, and to provide a more autonomous government for those 0slands.= chan robles
virtual law library
Sec. 1?. 4henever any prisoner shall be released on parole hereunder he shall be entitled to receive the benefits
provided in Section 17(1 of the Revised #dministrative Code. chan robles virtual law library
Approved:chanroblesvirtuallawlibrary /ecember (, 19))
AMENDING PRESIDENTIAL DECREE NO. 968, OTHERISE !NON AS THE PROBATION LA OF 19"6.
## FERDINAND MARCOS
4H&R&#S, it has been the sad experience that persons who are convicted of offenses and who may be entitled
to probation still appeal the 'udgment of conviction even up to the Supreme Court, only to pursue their application
for probation when their appeal is eventually dismissed.
4H&R&#S, the process of criminal investigation, prosecution, conviction and appeal entails too much time and
effort, not to mention the huge expenses of litigation, on the part of the State.chan robles virtual law library
4H&R&#S, the time, effort and expenses of the 3overnment in investigating and prosecuting accused persons
from the lower courts up to the Supreme Court, are oftentimes rendered nugatory when, after the appellate Court
finally affirms the 'udgment of conviction, the defendant applies for and is granted probation
4H&R&#S, probation was not intended as an escape hatch and should not be used to obstruct and delay the
administration of 'ustice, but should be availed of at the first opportunity by offenders who are willing to be
reformed and rehabilitated .chan robles virtual law library
4H&R&#S, it becomes imperative to remedy the problems abovementioned confronting our probation system.
.chan robles virtual law library
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:.4, "H&R&@.R&, 0, @&R/0:#:/ &. A#RC.S, President of the Philippines, by virtue of the powers vested in
me by the Constitution, do hereby decree, .chan robles virtual law library
Section 1. Section 1 of Presidential /ecree :o. 968 is hereby amended to read as follows,
=Sec. 1. 3rant of Probation. B Sub'ect to the provisions of this /ecree, the trial court may, after it shall have
convicted and sentenced a defendant, and upon application by said defendant within the period for perfecting an
appeal, suspend the execution of the sentence and place the defendant on probation for such period and upon
such terms and conditions as it may deem best Provided, "hat no application for probation shall be entertained or
granted if the defendant has perfected the appeal from the 'udgment of conviction.
=Probation may be granted whether the sentence imposes a term of imprisonment or a fine only. #n application
for probation shall be filed with the trial court. "he filing of the application shall be deemed a waiver of the right to
appeal.
=#n order granting or denying probation shall not be appealable.= .chan robles virtual law library
Sec. !. Section 9 of Presidential /ecree :o. 968 is hereby amended to read as follows, .chan robles virtual law
library
=Sec. 9. /is%ualified .ffenders. B "he benefits of this /ecree shall not be extended to those,
;a< sentenced to serve a maximum term of imprisonment of more than six years .chan robles virtual law library
;b< convicted of subversion or any crime against the national security or the public order
;c< who have previously been convicted by final 'udgment of an offense punished by imprisonment of not less than
one month and one day andCor a fine of not less than "wo Hundred Pesos.
;d< who have been once on probation under the provisions of this /ecree and
;e< who are already serving sentence at the time the substantive provisions of this /ecree became applicable
pursuant to Section )) hereof.= .chan robles virtual law library
Sec. ). "he provisions of Section 1 of Presidential /ecree :o. 968, as above amended, shall not apply to those
who have already filed their respective applications for probation at the time of the effectivity of this /ecree. .chan
robles virtual law library
Sec. 1. #ll laws, decrees, executive or administrative orders, rules and regulations, or parts thereof, inconsistent
with this /ecree, are hereby repealed, amended or modified accordingly. .chan robles virtual law library
Sec. (. "his /ecree shall ta-e effect after fifteen ;1(< days following its publication in the .fficial 3a2ette.
/.:& in the City of Aanila, this (th day of .ctober, in the year of .ur Dord, nineteen hundred and eighty$five.
MALACA$ANG
A a n i l a
PRESIDENTIAL DECREE N%. 161&
ANTI#FENCING LA OF 19"9
4H&R&#S, reports from law enforcement agencies reveal that there is rampant robbery and thievery of
government and private properties
4H&R&#S, such robbery and thievery have become profitable on the part of the lawless elements because of the
existence of ready buyers, commonly -nown as fence, of stolen propertieslawphil.net
4H&R&#S, under existing law, a fence can be prosecuted only as an accessory after the fact and punished
lightly
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4H&R&#S, is imperative to impose heavy penalties on persons who profit by the effects of the crimes of robbery
and theft.
:.4, "H&R&@.R&, 0, @&R/0:#:/ &. A#RC.S, President of the Philippines by virtue of the powers vested in
me by the Constitution, do hereby order and decree as part of the law of the land the following,
S'()*%+ 1. "itle. "his decree shall be -nown as the #nti$@encing Daw.
S'()*%+ &. /efinition of "erms. "he following terms shall mean as follows,
;a< =@encing= is the act of any person who, with intent to gain for himself or for another, shall buy, receive,
possess, -eep, ac%uire, conceal, sell or dispose of, or shall buy and sell, or in any other manner deal in
any article, item, ob'ect or anything of value which he -nows, or should be -nown to him, to have been
derived from the proceeds of the crime of robbery or theft.
;b< =@ence= includes any person, firm, association corporation or partnership or other organi2ation
whoCwhich commits the act of fencing.
S'()*%+ 3. Penalties. #ny person guilty of fencing shall be punished as hereunder indicated,
;a< "he penalty of prision mayor, if the value of the property involved is more than 1!,??? pesos but not
exceeding !!,??? pesos if the value of such property exceeds the latter sum, the penalty provided in this
paragraph shall be imposed in its maximum period, adding one year for each additional 1?,??? pesos but
the total penalty which may be imposed shall not exceed twenty years. 0n such cases, the penalty shall be
termed reclusion temporal and the accessory penalty pertaining thereto provided in the Revised Penal
Code shall also be imposed.
;b< "he penalty of prision correccional in its medium and maximum periods, if the value of the property
robbed or stolen is more than 6,??? pesos but not exceeding 1!,??? pesos.
;c< "he penalty of prision correccional in its minimum and medium periods, if the value of the property
involved is more than !?? pesos but not exceeding 6,??? pesos.
;d< "he penalty of arresto mayor in its medium period to prision correccional in its minimum period, if the
value of the property involved is over (? pesos but not exceeding !?? pesos.
;e< "he penalty of arresto mayor in its medium period if such value is over five ;(< pesos but not
exceeding (? pesos.
;f< "he penalty of arresto mayor in its minimum period if such value does not exceed ( pesos.
S'()*%+ 4. Diability of .fficials of +uridical Persons. 0f the fence is a partnership, firm, corporation or association,
the president or the manager or any officer thereof who -nows or should have -nown the commission of the
offense shall be liable.
S'()*%+ ,. Presumption of @encing. Aere possession of any good, article, item, ob'ect, or anything of value which
has been the sub'ect of robbery or thievery shall be prima facie evidence of fencing.
S'()*%+ 6. ClearanceCPermit to SellC>sed Second Hand #rticles. @or purposes of this #ct, all stores,
establishments or entities dealing in the buy and sell of any good, article item, ob'ect of anything of value obtained
from an unlicensed dealer or supplier thereof, shall before offering the same for sale to the public, secure the
necessary clearance or permit from the station commander of the 0ntegrated :ational Police in the town or city
where such store, establishment or entity is located. "he Chief of ConstabularyC/irector 3eneral, 0ntegrated
(
:ational Police shall promulgate such rules and regulations to carry out the provisions of this section. #ny person
who fails to secure the clearance or permit re%uired by this section or who violates any of the provisions of the
rules and regulations promulgated thereunder shall upon conviction be punished as a fence. lawphi1.net
S'()*%+ ". Repealing Clause. #ll laws or parts thereof, which are inconsistent with the provisions of this /ecree
are hereby repealed or modified accordingly.
S'()*%+ 8. &ffectivity. "his /ecree shall ta-e effect upon approval.
/one in the City of Aanila, this !nd day of Aarch, in the year of .ur Dord, nineteen hundred and seventy$nine.
RULES AND REGULATIONS TO CARRY OUT THE PROVISIONS OF SECTION 6 OF PRESIDENTIAL
DECREE NO. 161&, !NON AS THE ANTI#FENCING LA.
Pursuant to Section 6 of Presidential /ecree :o. 161!, -nown as the #nti$@encing Daw, the following rules and
regulations are hereby promulgated to govern the issuance of clearancesCpermits to sell used secondhand
articles obtained from an unlicensed dealer or supplier thereof,
0. /efinition of "erms
1. =>sed secondhand article= shall refer to any goods, article, item, ob'ect or anything of value obtained
from an unlicensed dealer or supplier, regardless of whether the same has actually or in fact been used.
!. =>nlicensed dealerCsupplier= shall refer to any persons, partnership, firm, corporation, association or
any other entity or establishment not licensed by the government to engage in the business of dealing in
or of supplying the articles defined in the preceding paragraph.
). =Store=, =establishment= or =entity= shall be construed to include any individual dealing in the buying
and selling used secondhand articles, as defined in paragraph hereof.
1. =*uy and Sell= refer to the transaction whereby one purchases used secondhand articles for the
purpose of resale to third persons.
(. =Station Commander= shall refer to the Station Commander of the 0ntegrated :ational Police within the
territorial limits of the town or city district where the store, establishment or entity dealing in the buying
and selling of used secondhand articles is located.
00. /uty to Procure Clearance or Permit
1. :o person shall sell or offer to sell to the public any used secondhand article as defined herein without
first securing a clearance or permit for the purpose from the proper Station Commander of the 0ntegrated
:ational Police.
!. 0f the person see-ing the clearance or permit is a partnership, firm, corporation, or association or group
of individuals, the clearance or permit shall be obtained by or in the name of the president, manager or
other responsible officer$in$charge thereof.
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). 0f a store, firm, corporation, partnership, association or other establishment or entity has a branch or
subsidiary and the used secondhand article is ac%uired by such branch or subsidiary for sale to the
public, the said branch or subsidiary shall secure the re%uired clearance or permit.
1. #ny goods, article, item, or ob'ect or anything of value ac%uired from any source for which no receipt or
e%uivalent document evidencing the legality of its ac%uisition could be presented by the present
possessor or holder thereof, or the covering receipt, or e%uivalent document, of which is fa-e, falsified or
irregularly obtained, shall be presumed as having been ac%uired from an unlicensed dealer or supplier
and the possessor or holder thereof must secure the re%uired clearance or permit before the same can be
sold or offered for sale to the public.
000. Procedure for Procurement of Clearances or Permits
1. "he Station Commanders concerned shall re%uire the owner of a store or the president, manager or
responsible officer$in$charge of a firm, establishment or other entity located within their respective
'urisdictions and in possession of or having in stoc- used secondhand articles as defined herein, to
submit an initial affidavit within thirty ;)?< days from receipt of notice for the purpose thereof and
subse%uent affidavits once every fifteen ;1(< days within five ;(< days after the period covered, which
shall contain,
;a< # complete inventory of such articles ac%uired daily from whatever source and the names and
addresses of the persons from whom such articles were ac%uired.
;b< # full list of articles to be sold or offered for sale as well as the place where the date when the
sale or offer for sale shall commence.
;c< "he place where the articles are presently deposited or -ept in stoc-.
"he Station Commander may, at his discretion when the circumstances of each case warrant, re%uire that
the affidavit submitted be accompanied by other documents showing proof of legitimacy of the ac%uisition
of the articles.
!. # party re%uired to secure a clearance or permit under these rules and regulations shall file an
application therefor with the Station Commander concerned. "he application shall state,
;a< "he name, address and other pertinent circumstances of the persons, in case of an individual
or, in the case of a firm, corporation, association, partnership or other entity, the name, address
and other pertinent circumstances of the president, manager or officer$in$charge.
;b< "he article to be sold or offered for sale to the public and the name and address of the
unlicensed dealer or supplier from whom such article was ac%uired.
0n support of the application, there shall be attached to it the corresponding receipt or other e%uivalent
document to show proof of the legitimacy of ac%uisition of the article.
). "he Station Commander shall examine the documents attached to the application and may re%uire the
presentation of other additional documents, if necessary, to show satisfactory proof of the legitimacy of
ac%uisition of the article, sub'ect to the following conditions,
;a< 0f the legitimacy of ac%uisition of any article from an unlicensed source cannot be satisfactorily
established by the documents presented, the Station Commander shall, upon approval of the 0:P
Superintendent in the district and at the expense of the party see-ing the clearanceCpermit, cause
the publication of a notice in a newspaper of general circulation for two ;!< successive days
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enumerating therein the articles ac%uired from an unlicensed dealer or supplier, the names and
addresses of the persons from whom they were ac%uired and shall state that such articles are to
be sold or offered for sale to the public at the address of the store, establishment or other entity
see-ing the clearanceCpermit. 0n places where no newspapers are in general circulation, the party
see-ing the clearance or permit shall, instead, post a notice daily for one wee- on the bulletin
board of the municipal building of the town where the store, firm, establishment or entity
concerned is located or, in the case of an individual, where the articles in his possession are to be
sold or offered for sale.
;b< 0f after 1( days, upon expiration of the period of publication or of the notice referred to in the
preceding paragraph, no claim is made with respect to any of the articles enumerated in the
notice, the Station Commander shall issue the clearance or permit sought.
;c< 0f, before expiration of the same period for publication of the notice or its posting, it shall
appear that any of the articles in %uestion is stolen property, the Station Commander shall hold
the article in restraint as evidence in any appropriate case to be filed. #rticles held in restraint
shall be -ept and disposed of as the circumstances of each case permit, ta-ing into account all
considerations of right and 'ustice in the case. 0n any case where any article is held in restraint, it
shall be the duty of the Station Commander concerned to adviseCnotify the Commission on #udit
of the case and comply with such procedure as may be proper under applicable existing laws,
rules and regulations.
1. "he Station Commander concerned shall, within seventy$two ;7!< hours from receipt of the application,
act thereon by either issuing the clearanceCpermit re%uested or denying the same. /enial of an
application shall be in writing and shall state in brief the reasonCs therefor.
(. "he application, clearanceCpermit or the denial thereof, including such other documents as may be
pertinent in the implementation of Section 6 of P./. :o. 161! shall be in the forms prescribed in #nnexes
=#=, =*=, =C=, =/=, and =&= hereof, which are made integral parts of these rules and regulations.
6. @or the issuance of clearancesCpermit re%uired under Section 6 of P./. :o. 161!, no fee shall be
charged.
0E. #ppeals
#ny party aggrieved by the action ta-en by the Station Commander may elevate the decision ta-en in the case to
the proper 0:P /istrict Superintendent and, if he is still dissatisfied therewith may ta-e the same on appeal to the
0:P /irector. "he decision of the 0:P /irector may also be appealed to the 0:P /irector$3eneral whose decision
may li-ewise be appealed to the Ainister of :ational /efense. "he decision of the Ainister of :ational /efense on
the case shall be final. "he appeal against the decision ta-en by a Commander lower than the 0:P /irector$
3eneral should be filed to the next higher Commander within ten ;1?< days from receipt of notice of the decision.
"he decision of the 0:P /irector$3eneral should be appealed within fifteen ;1(< days from receipt of notice of the
decision.
E. Penalties
1. #ny person who fails to secure the clearance or permit re%uired by Section 6 of P./. 161! or who
violates any of the provisions of these rules and regulations shall upon conviction be punished as a fence.
!. "he 0:P /irector$3eneral shall recommend to the proper authority the cancellation of the business
license of the erring individual, store, establishment or the entity concerned.
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). #rticles obtained from unlicensed sources for sale or offered for sale without prior compliance with the
provisions of Section 6 of P./. :o. 161! and with these rules and regulations shall be held in restraint
until satisfactory evidence or legitimacy of ac%uisition has been established.
1. #rticles for which no satisfactory evidence of legitimacy of ac%uisition is established and which are
found to be stolen property shall li-ewise be held under restraint and shall, furthermore, be sub'ect to
confiscation as evidence in the appropriate case to be filed. 0f, upon termination of the case, the same is
not claimed by their legitimate owners, the articleCs shall be forfeited in favor of the government and made
sub'ect to disposition as the circumstances warrant in accordance with applicable existing laws, rules and
regulations. "he Commission on #udit shall, in all cases, be notified.
(. #ny personnel of the 0ntegrated :ational Police found violating the provisions of Section 6 of P./. :o.
161! or any of its implementing rules and regulations or who, in any manner whatsoever, connives with or
through his negligence or inaction ma-es possible the commission of such violations by any party
re%uired to comply with the law and its implementing rules and regulations, shall be prosecuted criminally
without pre'udice to the imposition of administrative penalties.
E0. Eisitorial Power
0t shall be the duty of the owner of the store or of the president, manager or responsible officer$in$charge of any
firm, establishment or other entity or of an individual having in his premises articles to be sold or offered for sale to
the public to allow the Station Commander or his authori2ed representative to exercise visitorial powers. @or this
purpose, however, the power to conduct visitations shall be exercise only during office or business hours and
upon authority in writing from and by the 0:P Superintendent in the district and for the sole purpose of determining
whether articles are -ept in possession or stoc- contrary to the intents of Section 6 of P./. :o. 161! and of these
rules and regulations.
E00. .ther /uties 0mposed >pon Station Commanders and 0:P /istrict Superintendent and /irectors @ollowing
#ction on #pplications for Clearances or Permits
1. #t the end of each month, it shall be the duty of the Station Commander concerned to,
;a< Aa-e and maintain a file in his office of all clearancesCpermit issued by him.
;b< Submit a full report to the 0:P /istrict Superintendent on the number of applications for
clearances or permits processed by his office, indicating therein the number of
clearancesCpermits issued and the number of applications denied. "he report shall state the
reasons for denial of an application and the corresponding follow$up actions ta-en and shall be
accompanied by an inventory of the articles to be sold or offered for sale in his 'urisdiction.
!. "he 0:P /istrict Superintendent shall, on the basis of the reports submitted by the Station Commander,
in turn submit %uarterly reports to the appropriate 0:P /irector containing a consolidation of the
information stated in the reports of Station Commanders in his 'urisdiction.
). Reports from 0:P /istrict Superintendent shall serve as basis for a consolidated report to be submitted
semi$annually by 0:P /irectors to the /irector$3eneral, 0ntegrated :ational Police.
1. 0n all cases, reports emanating from the different levels of the 0ntegrated :ational Police shall be
accompanied with full and accurate inventories of the articles ac%uired from unlicensed dealers or
suppliers and proposed to be sold or offered for sale in the 'urisdictions covered by the report.
"hese implementing rules and regulations, having been published in a newspaper of national circulation, shall
ta-e effect on +une 1(, 1979.
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@.R "H& CH0&@ .@ C.:S"#*>D#RF /0R&C".R$3&:&R#D, 0:P,
MALACA$ANG
A a n i l a
PRESIDENTIAL DECREE N%. 18&9
PENALI-ING OBSTRUCTION OF APPREHENSION AND PROSECUTION OF CRIMINAL OFFENDERS
4H&R&#S, crime and violence continue to proliferate despite the sustained vigorous efforts of the government to
effectively contain them
4H&R&#S, to discourage public indifference or apathy towards the apprehension and prosecution of criminal
offenders, it is necessary to penali2e acts which obstruct or frustrate or tend to obstruct or frustrate the successful
apprehension and prosecution of criminal offenders
:.4, "H&R&@.R&, 0, @&R/0:#:/, &. A#RC.S, President of the Philippines, by virtue of the powers vested in
me by law do hereby decree and order the following,
S'()*%+ 1. "he penalty of prision correccional in its maximum period, or a fine ranging from 1,??? to 6,??? pesos,
or both, shall be imposed upon any person who -nowingly or willfully obstructs, impedes, frustrates or delays the
apprehension of suspects and the investigation and prosecution of criminal cases by committing any of the
following acts,
;a< preventing witnesses from testifying in any criminal proceeding or from reporting the commission of
any offense or the identity of any offenderCs by means of bribery, misrepresentation, deceit, intimidation,
force or threats
;b< altering, destroying, suppressing or concealing any paper, record, document, or ob'ect, with intent to
impair its verity, authenticity, legibility, availability, or admissibility as evidence in any investigation of or
official proceedings in, criminal cases, or to be used in the investigation of, or official proceedings in,
criminal cases
;c< harboring or concealing, or facilitating the escape of, any person he -nows, or has reasonable ground
to believe or suspect, has committed any offense under existing penal laws in order to prevent his arrest
prosecution and conviction
;d< publicly using a fictitious name for the purpose of concealing a crime, evading prosecution or the
execution of a 'udgment, or concealing his true name and other personal circumstances for the same
purpose or purposes
;e< delaying the prosecution of criminal cases by obstructing the service of process or court orders or
disturbing proceedings in the fiscal5s offices, in "anodbayan, or in the courts
;f< ma-ing, presenting or using any record, document, paper or ob'ect with -nowledge of its falsity and
with intent to affect the course or outcome of the investigation of, or official proceedings in, criminal cases
;g< soliciting, accepting, or agreeing to accept any benefit in consideration of abstaining from, discounting,
or impeding the prosecution of a criminal offender
;h< threatening directly or indirectly another with the infliction of any wrong upon his person, honor or
property or that of any immediate member or members of his family in order to prevent such person from
appearing in the investigation of, or official proceedings in, criminal cases, or imposing a condition,
1?
whether lawful or unlawful, in order to prevent a person from appearing in the investigation of or in official
proceedings in, criminal cases
;i< giving of false or fabricated information to mislead or prevent the law enforcement agencies from
apprehending the offender or from protecting the life or property of the victim or fabricating information
from the data gathered in confidence by investigating authorities for purposes of bac-ground information
and not for publication and publishing or disseminating the same to mislead the investigator or to the
court.
0f any of the acts mentioned herein is penali2ed by any other law with a higher penalty, the higher penalty shall be
imposed.
S'()*%+ &. 0f any of the foregoing acts is committed by a public official or employee, he shall in addition to the
penalties provided thereunder, suffer perpetual dis%ualification from holding public office.
S'()*%+ 3. "his /ecree shall ta-e effect immediately.
/one in the City of Aanila, this 16th day of +anuary, in the year of .ur Dord, nineteen hundred and eighty$one.
"he Dawphil Pro'ect $ #rellano Daw @oundation
C%+./'00 %1 )2' P2*3*44*+'0
T5'31)2 C%+./'00
F*/0) R'.637/ S'00*%+
REPUBLIC ACT NO. 916, 86+' ", &00&
AN ACT INSTITUTING THE COMPREHENSIVE DANGEROUS DRUGS ACT OF &00&, REPEALING
REPUBLIC ACT NO. 64&,, OTHERISE !NON AS THE DANGEROUS DRUGS ACT OF 19"&, AS
AMENDED, PROVIDING FUNDS THEREFOR, AND FOR OTHER PURPOSES
Be it enacted by the Senate and House of Representatives of the Philippines in Congress
S'()*%+ 1. Short itle. ! "his #ct shall be -nown and cited as the =Comprehensive /angerous /rugs #ct of
!??!=.
S'()*%+ &. "eclaration of Policy. G 0t is the policy of the State to safeguard the integrity of its territory and the well$
being of its citi2enry particularly the youth, from the harmful effects of dangerous drugs on their physical and
mental well$being, and to defend the same against acts or omissions detrimental to their development and
preservation. 0n view of the foregoing, the State needs to enhance further the efficacy of the law against
dangerous drugs, it being one of today5s more serious social ills.
"oward this end, the government shall pursue an intensive and unrelenting campaign against the traffic-ing and
use of dangerous drugs and other similar substances through an integrated system of planning, implementation
and enforcement of anti$drug abuse policies, programs, and pro'ects. "he government shall however aim to
achieve a balance in the national drug control program so that people with legitimate medical needs are not
prevented from being treated with ade%uate amounts of appropriate medications, which include the use of
dangerous drugs.
11
0t is further declared the policy of the State to provide effective mechanisms or measures to re$integrate into
society individuals who have fallen victims to drug abuse or dangerous drug dependence through sustainable
programs of treatment and rehabilitation.
ARTICLE I
D'1*+*)*%+ %1 )'/90
S'()*%+ 3. "efinitions. #s used in this #ct, the following terms shall mean,
;a< #dminister. G #ny act of introducing any dangerous drug into the body of any person, with or without hisCher
-nowledge, by in'ection, inhalation, ingestion or other means, or of committing any act of indispensable assistance
to a person in administering a dangerous drug to himselfCherself unless administered by a duly licensed
practitioner for purposes of medication.
;b< *oard. $ Refers to the /angerous /rugs *oard under Section 77, #rticle 0H of this #ct.
;c< Centers. $ #ny of the treatment and rehabilitation centers for drug dependents referred to in Section )1, #rticle
E000 of this #ct.
;d< Chemical /iversion. G "he sale, distribution, supply or transport of legitimately imported, in$transit,
manufactured or procured controlled precursors and essential chemicals, in diluted, mixtures or in concentrated
form, to any person or entity engaged in the manufacture of any dangerous drug, and shall include pac-aging,
repac-aging, labeling, relabeling or concealment of such transaction through fraud, destruction of documents,
fraudulent use of permits, misdeclaration, use of front companies or mail fraud.
;e< Clandestine Daboratory. G #ny facility used for the illegal manufacture of any dangerous drug andCor controlled
precursor and essential chemical.
;f< Confirmatory "est. G #n analytical test using a device, tool or e%uipment with a different chemical or physical
principle that is more specific which will validate and confirm the result of the screening test.
;g< Controlled /elivery. G "he investigative techni%ue of allowing an unlawful or suspect consignment of any
dangerous drug andCor controlled precursor and essential chemical, e%uipment or paraphernalia, or property
believed to be derived directly or indirectly from any offense, to pass into, through or out of the country under the
supervision of an authori2ed officer, with a view to gathering evidence to identify any person involved in any
dangerous drugs related offense, or to facilitate prosecution of that offense.
;h< Controlled Precursors and &ssential Chemicals. G 0nclude those listed in "ables 0 and 00 of the 1988 >:
Convention #gainst 0llicit "raffic in :arcotic /rugs and Psychotropic Substances as enumerated in the attached
annex, which is an integral part of this #ct.
;i< Cultivate or Culture. G #ny act of -nowingly planting, growing, raising, or permitting the planting, growing or
raising of any plant which is the source of a dangerous drug.
;'< /angerous /rugs. G 0nclude those listed in the Schedules annexed to the 1961 Single Convention on :arcotic
/rugs, as amended by the 197! Protocol, and in the Schedules annexed to the 1971 Single Convention on
Psychotropic Substances as enumerated in the attached annex which is an integral part of this #ct.
;-< /eliver. G #ny act of -nowingly passing a dangerous drug to another, personally or otherwise, and by any
means, with or without consideration.
1!
;l< /en, /ive or Resort. G # place where any dangerous drug andCor controlled precursor and essential chemical
is administered, delivered, stored for illegal purposes, distributed, sold or used in any form.
;m< /ispense. G #ny act of giving away, selling or distributing medicine or any dangerous drug with or without the
use of prescription.
;n< /rug /ependence. G #s based on the 4orld Health .rgani2ation definition, it is a cluster of physiological,
behavioral and cognitive phenomena of variable intensity, in which the use of psychoactive drug ta-es on a high
priority thereby involving, among others, a strong desire or a sense of compulsion to ta-e the substance and the
difficulties in controlling substance$ta-ing behavior in terms of its onset, termination, or levels of use.
;o< /rug Syndicate. G #ny organi2ed group of two ;!< or more persons forming or 'oining together with the
intention of committing any offense prescribed under this #ct.
;p< &mployee of /en, /ive or Resort. G "he careta-er, helper, watchman, loo-out, and other persons wor-ing in
the den, dive or resort, employed by the maintainer, owner andCor operator where any dangerous drug andCor
controlled precursor and essential chemical is administered, delivered, distributed, sold or used, with or without
compensation, in connection with the operation thereof.
;%< @inancier. G #ny person who pays for, raises or supplies money for, or underwrites any of the illegal activities
prescribed under this #ct.
;r< 0llegal "raffic-ing. G "he illegal cultivation, culture, delivery, administration, dispensation, manufacture, sale,
trading, transportation, distribution, importation, exportation and possession of any dangerous drug andCor
controlled precursor and essential chemical.
;s< 0nstrument. G #ny thing that is used in or intended to be used in any manner in the commission of illegal drug
traffic-ing or related offenses.
;t< Daboratory &%uipment. G "he paraphernalia, apparatus, materials or appliances when used, intended for use or
designed for use in the manufacture of any dangerous drug andCor controlled precursor and essential chemical,
such as reaction vessel, preparativeCpurifying e%uipment, fermentors, separatory funnel, flas-, heating mantle,
gas generator, or their substitute.
;u< Aanufacture. G "he production, preparation, compounding or processing of any dangerous drug andCor
controlled precursor and essential chemical, either directly or indirectly or by extraction from substances of natural
origin, or independently by means of chemical synthesis or by a combination of extraction and chemical synthesis,
and shall include any pac-aging or repac-aging of such substances, design or configuration of its form, or
labeling or relabeling of its container except that such terms do not include the preparation, compounding,
pac-aging or labeling of a drug or other substances by a duly authori2ed practitioner as an incident to hisCher
administration or dispensation of such drug or substance in the course of hisCher professional practice including
research, teaching and chemical analysis of dangerous drugs or such substances that are not intended for sale or
for any other purpose.
;v< Cannabis or commonly -nown as =Aari'uana= or =0ndian Hemp= or by its any other name. G &mbraces every
-ind, class, genus, or specie of the plant Cannabis sativa #. including, but not limited to, Cannabis
a$ericana,hashish% bhang% gua&a% churrus and gan'ab, and embraces every -ind, class and character of
mari'uana, whether dried or fresh and flowering, flowering or fruiting tops, or any part or portion of the plant and
seeds thereof, and all its geographic varieties, whether as a reefer, resin, extract, tincture or in any form
whatsoever.
;w< Aethylenedioxymethamphetamine ;A/A#< or commonly -nown as =&cstasy=, or by its any other name. G
Refers to the drug having such chemical composition, including any of its isomers or derivatives in any form.
1)
;x< Aethamphetamine Hydrochloride or commonly -nown as =Shabu=, =0ce=, =Aeth=, or by its any other name. G
Refers to the drug having such chemical composition, including any of its isomers or derivatives in any form.
;y< .pium. G Refers to the coagulated 'uice of the opium poppy ;Papaver so$niferu$ #.< and embraces every
-ind, class and character of opium, whether crude or prepared the ashes or refuse of the same narcotic
preparations thereof or therefrom morphine or any al-aloid of opium preparations in which opium, morphine or
any al-aloid of opium enters as an ingredient opium poppy opium poppy straw and leaves or wrappings of
opium leaves, whether prepared for use or not.
;2< .pium Poppy. G Refers to any part of the plant of the species Papaver so$niferu$ #.% Papaver setigeru$ "C%
Papaver orientale% Papaver bracteatu$ and Papaver rhoeas, which includes the seeds, straws, branches, leaves
or any part thereof, or substances derived therefrom, even for floral, decorative and culinary purposes.
;aa< P/&#. G Refers to the Philippine /rug &nforcement #gency under Section 8!, #rticle 0H of this #ct.
;bb< Person. G #ny entity, natural or 'uridical, including among others, a corporation, partnership, trust or estate,
'oint stoc- company, association, syndicate, 'oint venture or other unincorporated organi2ation or group capable of
ac%uiring rights or entering into obligations.
;cc< Planting of &vidence. G "he willful act by any person of maliciously and surreptitiously inserting, placing,
adding or attaching directly or indirectly, through any overt or covert act, whatever %uantity of any dangerous drug
andCor controlled precursor and essential chemical in the person, house, effects or in the immediate vicinity of an
innocent individual for the purpose of implicating, incriminating or imputing the commission of any violation of this
#ct.
;dd< Practitioner. G #ny person who is a licensed physician, dentist, chemist, medical technologist, nurse, midwife,
veterinarian or pharmacist in the Philippines.
;ee< ProtectorCCoddler. G #ny person who -nowingly and willfully consents to the unlawful acts provided for in this
#ct and uses hisCher influence, power or position in shielding, harboring, screening or facilitating the escape of
any person heCshe -nows, or has reasonable grounds to believe on or suspects, has violated the provisions of this
#ct in order to prevent the arrest, prosecution and conviction of the violator.
;ff< Pusher. G #ny person who sells, trades, administers, dispenses, delivers or gives away to another, on any
terms whatsoever, or distributes, dispatches in transit or transports dangerous drugs or who acts as a bro-er in
any of such transactions, in violation of this #ct.
;gg< School. G #ny educational institution, private or public, underta-ing educational operation for pupilsCstudents
pursuing certain studies at defined levels, receiving instructions from teachers, usually located in a building or a
group of buildings in a particular physical or cyber site.
;hh< Screening "est. G # rapid test performed to establish potentialCpresumptive positive result.
;ii< Sell. G #ny act of giving away any dangerous drug andCor controlled precursor and essential chemical whether
for money or any other consideration.
;''< "rading. G "ransactions involving the illegal traffic-ing of dangerous drugs andCor controlled precursors and
essential chemicals using electronic devices such as, but not limited to, text messages, email, mobile or landlines,
two$way radios, internet, instant messengers and chat rooms or acting as a bro-er in any of such transactions
whether for money or any other consideration in violation of this #ct.
11
;--< >se. G #ny act of in'ecting, intravenously or intramuscularly, of consuming, either by chewing, smo-ing,
sniffing, eating, swallowing, drin-ing or otherwise introducing into the physiological system of the body, and of the
dangerous drugs.
ARTICLE II
U+375163 A()0 7+: P'+73)*'0
S'()*%+ 4. ($portation of "angerous "rugs and)or Controlled Precursors and *ssential Che$icals.+ ."he penalty
of life imprisonment to death and a ranging from @ive hundred thousand pesos ;P(??,???.??< to "en million
pesos ;P1?,???,???.??< shall be imposed upon any person, who, unless authori2ed by law, shall import or bring
into the Philippines any dangerous drug, regardless of the %uantity and purity involved, including any and all
species of opium poppy or any part thereof or substances derived therefrom even for floral, decorative and
culinary purposes.
"he penalty of imprisonment ranging from twelve ;1!< years and one ;1< day to twenty ;!?< years and a fine
ranging from .ne hundred thousand pesos ;P1??,???.??< to @ive hundred thousand pesos ;P(??,???.??< shall
be imposed upon any person, who, unless authori2ed by law, shall import any controlled precursor and essential
chemical.
"he maximum penalty provided for under this Section shall be imposed upon any person, who, unless authori2ed
under this #ct, shall import or bring into the Philippines any dangerous drug andCor controlled precursor and
essential chemical through the use of a diplomatic passport, diplomatic facilities or any other means involving
hisCher official status intended to facilitate the unlawful entry of the same. 0n addition, the diplomatic passport shall
be confiscated and canceled.
"he maximum penalty provided for under this Section shall be imposed upon any person, who organi2es,
manages or acts as a =financier= of any of the illegal activities prescribed in this Section.
"he penalty of twelve ;1!< years and one ;1< day to twenty ;!?< years of imprisonment and a fine ranging from
.ne hundred thousand pesos ;P1??,???.??< to @ive hundred thousand pesos ;P(??,???.??< shall be imposed
upon any person, who acts as a =protectorCcoddler= of any violator of the provisions under this Section.
S'()*%+ ,. Sale% rading% Ad$inistration% "ispensation% "elivery% "istribution and ransportation of "angerous
"rugs and)or Controlled Precursors and *ssential Che$icals. $ "he penalty of life imprisonment to death and a
fine ranging from @ive hundred thousand pesos ;P(??,???.??< to "en million pesos ;P1?,???,???.??< shall be
imposed upon any person, who, unless authori2ed by law, shall sell, trade, administer, dispense, deliver, give
away to another, distribute dispatch in transit or transport any dangerous drug, including any and all species of
opium poppy regardless of the %uantity and purity involved, or shall act as a bro-er in any of such transactions.
be imposed upon any person, who, unless authori2ed by law, shall sell, trade, administer, dispense, deliver, give
away to another, distribute, dispatch in transit or transport any controlled precursor and essential chemical, or
shall act as a bro-er in such transactions.
0f the sale, trading, administration, dispensation, delivery, distribution or transportation of any dangerous drug
andCor controlled precursor and essential chemical transpires within one hundred ;1??< meters from the school,
the maximum penalty shall be imposed in every case.
@or drug pushers who use minors or mentally incapacitated individuals as runners, couriers and messengers, or
in any other capacity directly connected to the dangerous drugs andCor controlled precursors and essential
chemical trade, the maximum penalty shall be imposed in every case.
1(
0f the victim of the offense is a minor or a mentally incapacitated individual, or should a dangerous drug andCor a
controlled precursor and essential chemical involved in any offense herein provided be the proximate cause of
death of a victim thereof, the maximum penalty provided for under this Section shall be imposed.
"he maximum penalty provided for under this Section shall be imposed upon any person who organi2es,
S'()*%+ 6. ,aintenance of a "en% "ive or Resort. $ "he penalty of life imprisonment to death and a fine ranging
from @ive hundred thousand pesos ;P(??,???.??< to "en million pesos ;P1?,???,???.??< shall be imposed upon
any person or group of persons who shall maintain a den, dive or resort where any dangerous drug is used or
sold in any form.
be imposed upon any person or group of persons who shall maintain a den, dive, or resort where any controlled
precursor and essential chemical is used or sold in any form.
"he maximum penalty provided for under this Section shall be imposed in every case where any dangerous drug
is administered, delivered or sold to a minor who is allowed to use the same in such a place.
Should any dangerous drug be the proximate cause of the death of a person using the same in such den, dive or
resort, the penalty of death and a fine ranging from .ne million ;P1,???,???.??< to @ifteen million pesos
;P(??,???.??< shall be imposed on the maintainer, owner andCor operator.
0f such den, dive or resort is owned by a third person, the same shall be confiscated and escheated in favor of the
government, Provided, "hat the criminal complaint shall specifically allege that such place is intentionally used in
the furtherance of the crime, Provided% further, "hat the prosecution shall prove such intent on the part of the
owner to use the property for such purpose, Provided% finally, "hat the owner shall be included as an accused in
the criminal complaint.
"he maximum penalty provided for under this Section shall be imposed upon any person who organi2es,
"he penalty twelve ;1!< years and one ;1< day to twenty ;!?< years of imprisonment and a fine ranging from .ne
hundred thousand pesos ;P1??,???.??< to @ive hundred thousand pesos ;P(??,???.??< shall be imposed upon
any person, who acts as a =protectorCcoddler= of any violator of the provisions under this Section.
S'()*%+ ". *$ployees and -isitors of a "en% "ive or Resort. $ "he penalty of imprisonment ranging from twelve
;1!< years and one ;1< day to twenty ;!?< years and a fine ranging from .ne hundred thousand pesos
;P1??,???.??< to @ive hundred thousand pesos ;P(??,???.??< shall be imposed upon,
;a< #ny employee of a den, dive or resort, who is aware of the nature of the place as such and
;b< #ny person who, not being included in the provisions of the next preceding, paragraph, is aware of the
nature of the place as such and shall -nowingly visit the same
S'()*%+ 8. ,anufacture of "angerous "rugs and)or Controlled Precursors and *ssential Che$icals. $ "he
penalty of life imprisonment to death and a fine ranging @ive hundred thousand pesos ;P(??,???.??< to "en
16
million pesos ;P1?,???,???.??< shall be imposed upon any person, who, unless authori2ed by law, shall engage
in the manufacture of any dangerous drug.
be imposed upon any person, who, unless authori2ed by law, shall manufacture any controlled precursor and
essential chemical.
"he presence of any controlled precursor and essential chemical or laboratory e%uipment in the clandestine
laboratory is a pri$a facie proof of manufacture of any dangerous drug. 0t shall be considered an aggravating
circumstance if the clandestine laboratory is underta-en or established under the following circumstances,
;a< #ny phase of the manufacturing process was conducted in the presence or with the help of minorCs,
;b< #ny phase or manufacturing process was established or underta-en within one hundred ;1??< meters
of a residential, business, church or school premises
;c< #ny clandestine laboratory was secured or protected with booby traps
;d< #ny clandestine laboratory was concealed with legitimate business operations or
;e< #ny employment of a practitioner, chemical engineer, public official or foreigner.
S'()*%+ 9. (llegal Che$ical "iversion of Controlled Precursors and *ssential Che$icals. $ "he penalty of
imprisonment ranging from twelve ;1!< years and one ;1< day to twenty ;!?< years and a fine ranging from .ne
hundred thousand pesos ;P1??,???.??< to @ive hundred thousand pesos ;P(??,???.??< shall be imposed upon
any person, who, unless authori2ed by law, shall illegally divert any controlled precursor and essential chemical.
S'()*%+ 10. ,anufacture or "elivery of *.uip$ent% (nstru$ent% Apparatus% and /ther Paraphernalia for
"angerous "rugs and)or Controlled Precursors and *ssential Che$icals. $ "he penalty of imprisonment ranging
from twelve ;1!< years and one ;1< day to twenty ;!?< years and a fine ranging from .ne hundred thousand pesos
;P1??,???.??< to @ive hundred thousand pesos ;P(??,???.??< shall be imposed upon any person who shall
deliver, possess with intent to deliver, or manufacture with intent to deliver e%uipment, instrument, apparatus and
other paraphernalia for dangerous drugs, -nowing, or under circumstances where one reasonably should -now,
that it will be used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce,
process, prepare, test, analy2e, pac-, repac-, store, contain or conceal any dangerous drug andCor controlled
precursor and essential chemical in violation of this #ct.
"he penalty of imprisonment ranging from six ;6< months and one ;1< day to four ;1< years and a fine ranging from
"en thousand pesos ;P1?,???.??< to @ifty thousand pesos ;P(?,???.??< shall be imposed if it will be used to
in'ect, ingest, inhale or otherwise introduce into the human body a dangerous drug in violation of this #ct.
"he maximum penalty provided for under this Section shall be imposed upon any person, who uses a minor or a
mentally incapacitated individual to deliver such e%uipment, instrument, apparatus and other paraphernalia for
dangerous drugs.
17
S'()*%+ 11. Possession of "angerous "rugs. $ "he penalty of life imprisonment to death and a fine ranging from
@ive hundred thousand pesos ;P(??,???.??< to "en million pesos ;P1?,???,???.??< shall be imposed upon any
person, who, unless authori2ed by law, shall possess any dangerous drug in the following %uantities, regardless
of the degree of purity thereof,
;1< 1? grams or more of opium
;!< 1? grams or more of morphine
;)< 1? grams or more of heroin
;1< 1? grams or more of cocaine or cocaine hydrochloride
;(< (? grams or more of methamphetamine hydrochloride or =shabu=
;6< 1? grams or more of mari'uana resin or mari'uana resin oil
;7< (?? grams or more of mari'uana and
;8< 1? grams or more of other dangerous drugs such as, but not limited to,
methylenedioxymethamphetamine ;A/#< or =ecstasy=, paramethoxyamphetamine ;PA#<,
trimethoxyamphetamine ;"A#<, lysergic acid diethylamine ;DS/<, gamma hydroxyamphetamine ;3H*<,
and those similarly designed or newly introduced drugs and their derivatives, without having any
therapeutic value or if the %uantity possessed is far beyond therapeutic re%uirements, as determined and
promulgated by the *oard in accordance to Section 9), #rticle H0 of this #ct.
.therwise, if the %uantity involved is less than the foregoing %uantities, the penalties shall be graduated as
follows,
;1< Dife imprisonment and a fine ranging from @our hundred thousand pesos ;P1??,???.??< to @ive
hundred thousand pesos ;P(??,???.??<, if the %uantity of methamphetamine hydrochloride or =shabu= is
ten ;1?< grams or more but less than fifty ;(?< grams
;!< 0mprisonment of twenty ;!?< years and one ;1< day to life imprisonment and a fine ranging from @our
hundred thousand pesos ;P1??,???.??< to @ive hundred thousand pesos ;P(??,???.??<, if the %uantities
of dangerous drugs are five ;(< grams or more but less than ten ;1?< grams of opium, morphine, heroin,
cocaine or cocaine hydrochloride, mari'uana resin or mari'uana resin oil, methamphetamine hydrochloride
or =shabu=, or other dangerous drugs such as, but not limited to, A/A# or =ecstasy=, PA#, "A#, DS/,
3H*, and those similarly designed or newly introduced drugs and their derivatives, without having any
therapeutic value or if the %uantity possessed is far beyond therapeutic re%uirements or three hundred
;)??< grams or more but less than five ;hundred< (??< grams of mari'uana and
;)< 0mprisonment of twelve ;1!< years and one ;1< day to twenty ;!?< years and a fine ranging from "hree
hundred thousand pesos ;P)??,???.??< to @our hundred thousand pesos ;P1??,???.??<, if the %uantities
of dangerous drugs are less than five ;(< grams of opium, morphine, heroin, cocaine or cocaine
hydrochloride, mari'uana resin or mari'uana resin oil, methamphetamine hydrochloride or =shabu=, or
other dangerous drugs such as, but not limited to, A/A# or =ecstasy=, PA#, "A#, DS/, 3H*, and those
similarly designed or newly introduced drugs and their derivatives, without having any therapeutic value or
if the %uantity possessed is far beyond therapeutic re%uirements or less than three hundred ;)??< grams
of mari'uana.
S'()*%+ 1&. Possession of *.uip$ent% (nstru$ent% Apparatus and /ther Paraphernalia for "angerous "rugs.
+"he penalty of imprisonment ranging from six ;6< months and one ;1< day to four ;1< years and a fine ranging
18
from "en thousand pesos ;P1?,???.??< to @ifty thousand pesos ;P(?,???.??< shall be imposed upon any person,
who, unless authori2ed by law, shall possess or have under hisCher control any e%uipment, instrument, apparatus
and other paraphernalia fit or intended for smo-ing, consuming, administering, in'ecting, ingesting, or introducing
any dangerous drug into the body, Provided, "hat in the case of medical practitioners and various professionals
who are re%uired to carry such e%uipment, instrument, apparatus and other paraphernalia in the practice of their
profession, the *oard shall prescribe the necessary implementing guidelines thereof.
"he possession of such e%uipment, instrument, apparatus and other paraphernalia fit or intended for any of the
purposes enumerated in the preceding paragraph shall be pri$a facie evidence that the possessor has smo-ed,
consumed, administered to himselfCherself, in'ected, ingested or used a dangerous drug and shall be presumed to
have violated Section 1( of this #ct.
S'()*%+ 13. Possession of "angerous "rugs "uring Parties% Social 0atherings or ,eetings. ! #ny person found
possessing any dangerous drug during a party, or at a social gathering or meeting, or in the proximate company
of at least two ;!< persons, shall suffer the maximum penalties provided for in Section 11 of this #ct, regardless of
the %uantity and purity of such dangerous drugs.
S'()*%+ 14. Possession of *.uip$ent% (nstru$ent% Apparatus and /ther Paraphernalia for "angerous "rugs
"uring Parties% Social 0atherings or ,eetings. $ "he maximum penalty provided for in Section 1! of this #ct shall
be imposed upon any person, who shall possess or have under hisCher control any e%uipment, instrument,
apparatus and other paraphernalia fit or intended for smo-ing, consuming, administering, in'ecting, ingesting, or
introducing any dangerous drug into the body, during parties, social gatherings or meetings, or in the proximate
company of at least two ;!< persons.
S'()*%+ 1,. 1se of "angerous "rugs. G # person apprehended or arrested, who is found to be positive for use of
any dangerous drug, after a confirmatory test, shall be imposed a penalty of a minimum of six ;6< months
rehabilitation in a government center for the first offense, sub'ect to the provisions of #rticle E000 of this #ct. 0f
apprehended using any dangerous drug for the second time, heCshe shall suffer the penalty of imprisonment
ranging from six ;6< years and one ;1< day to twelve ;1!< years and a fine ranging from @ifty thousand pesos
;P(?,???.??< to "wo hundred thousand pesos ;P!??,???.??<, Provided% "hat this Section shall not be applicable
where the person tested is also found to have in hisCher possession such %uantity of any dangerous drug provided
for under Section 11 of this #ct, in which case the provisions stated therein shall apply.
S'()*%+ 16. Cultivation or Culture of Plants Classified as "angerous "rugs or are Sources hereof. + "he penalty
of life imprisonment to death and a fine ranging from @ive hundred thousand pesos ;P(??,???.??< to "en million
pesos ;P1?,???,???.??< shall be imposed upon any person, who shall plant, cultivate or culture mari'uana, opium
poppy or any other plant regardless of %uantity, which is or may hereafter be classified as a dangerous drug or as
a source from which any dangerous drug may be manufactured or derived, Provided, "hat in the case of medical
laboratories and medical research centers which cultivate or culture mari'uana, opium poppy and other plants, or
materials of such dangerous drugs for medical experiments and research purposes, or for the creation of new
types of medicine, the *oard shall prescribe the necessary implementing guidelines for the proper cultivation,
culture, handling, experimentation and disposal of such plants and materials.
"he land or portions thereof andCor greenhouses on which any of said plants is cultivated or cultured shall be
confiscated and escheated in favor of the State, unless the owner thereof can prove lac- of -nowledge of such
cultivation or culture despite the exercise of due diligence on hisCher part. 0f the land involved is part of the public
domain, the maximum penalty provided for under this Section shall be imposed upon the offender.
19
S'()*%+ 1". ,aintenance and 2eeping of /riginal Records of ransactions on "angerous "rugs and)or
Controlled Precursors and *ssential Che$icals. + "he penalty of imprisonment ranging from one ;1< year and one
;1< day to six ;6< years and a fine ranging from "en thousand pesos ;P1?,???.??< to @ifty thousand pesos
;P(?,???.??< shall be imposed upon any practitioner, manufacturer, wholesaler, importer, distributor, dealer or
retailer who violates or fails to comply with the maintenance and -eeping of the original records of transactions on
any dangerous drug andCor controlled precursor and essential chemical in accordance with Section 1? of this #ct.
#n additional penalty shall be imposed through the revocation of the license to practice hisCher profession, in case
of a practitioner, or of the business, in case of a manufacturer, seller, importer, distributor, dealer or retailer.
S'()*%+ 18. 1nnecessary Prescription of "angerous "rugs. G "he penalty of imprisonment ranging from twelve
;1!< years and one ;1< day to twenty ;!?< years and a fine ranging from .ne hundred thousand pesos
;P1??,???.??< to @ive hundred thousand pesos ;P(??,???.??< and the additional penalty of the revocation of
hisCher license to practice shall be imposed upon the practitioner, who shall prescribe any dangerous drug to any
person whose physical or physiological condition does not re%uire the use or in the dosage prescribed therein, as
determined by the *oard in consultation with recogni2ed competent experts who are authori2ed representatives of
professional organi2ations of practitioners, particularly those who are involved in the care of persons with severe
pain.
S'()*%+ 19. 1nlawful Prescription of "angerous "rugs. G "he penalty of life imprisonment to death and a fine
ranging from @ive hundred thousand pesos ;P(??,???.??< to "en million pesos ;P1?,???,???.??< shall be
imposed upon any person, who, unless authori2ed by law, shall ma-e or issue a prescription or any other writing
purporting to be a prescription for any dangerous drug.
S'()*%+ &0. Confiscation and 3orfeiture of the Proceeds or (nstru$ents of the 1nlawful Act% (ncluding the
Properties or Proceeds "erived fro$ the (llegal raffic4ing of "angerous "rugs and)or Precursors and *ssential
Che$icals. G &very penalty imposed for the unlawful importation, sale, trading, administration, dispensation,
delivery, distribution, transportation or manufacture of any dangerous drug andCor controlled precursor and
essential chemical, the cultivation or culture of plants which are sources of dangerous drugs, and the possession
of any e%uipment, instrument, apparatus and other paraphernalia for dangerous drugs including other laboratory
e%uipment, shall carry with it the confiscation and forfeiture, in favor of the government, of all the proceeds and
properties derived from the unlawful act, including, but not limited to, money and other assets obtained thereby,
and the instruments or tools with which the particular unlawful act was committed, unless they are the property of
a third person not liable for the unlawful act, but those which are not of lawful commerce shall be ordered
destroyed without delay pursuant to the provisions of Section !1 of this #ct.
#fter conviction in the Regional "rial Court in the appropriate criminal case filed, the Court shall immediately
schedule a hearing for the confiscation and forfeiture of all the proceeds of the offense and all the assets and
properties of the accused either owned or held by him or in the name of some other persons if the same shall be
found to be manifestly out of proportion to hisCher lawful income, Provided% however, "hat if the forfeited property
is a vehicle, the same shall be auctioned off not later than five ;(< days upon order of confiscation or forfeiture.
/uring the pendency of the case in the Regional "rial Court, no property, or income derived therefrom, which may
be confiscated and forfeited, shall be disposed, alienated or transferred and the same shall be in custodia
legisand no bond shall be admitted for the release of the same.
"he proceeds of any sale or disposition of any property confiscated or forfeited under this Section shall be used to
pay all proper expenses incurred in the proceedings for the confiscation, forfeiture, custody and maintenance of
the property pending disposition, as well as expenses for publication and court costs. "he proceeds in excess of
the above expenses shall accrue to the *oard to be used in its campaign against illegal drugs.
S'()*%+ &1. Custody and "isposition of Confiscated% Sei&ed% and)or Surrendered "angerous "rugs% Plant
Sources of "angerous "rugs% Controlled Precursors and *ssential Che$icals% (nstru$ents)Paraphernalia and)or
#aboratory *.uip$ent. G "he P/&# shall ta-e charge and have custody of all dangerous drugs, plant sources of
!?
dangerous drugs, controlled precursors and essential chemicals, as well as instrumentsCparaphernalia andCor
laboratory e%uipment so confiscated, sei2ed andCor surrendered, for proper disposition in the following manner,
;1< "he apprehending team having initial custody and control of the drugs shall, immediately after sei2ure
and confiscation, physically inventory and photograph the same in the presence of the accused or the
personCs from whom such items were confiscated andCor sei2ed, or hisCher representative or counsel, a
representative from the media and the /epartment of +ustice ;/.+<, and any elected public official who
shall be re%uired to sign the copies of the inventory and be given a copy thereof
;!< 4ithin twenty$four ;!1< hours upon confiscationCsei2ure of dangerous drugs, plant sources of
dangerous drugs, controlled precursors and essential chemicals, as well as instrumentsCparaphernalia
andCor laboratory e%uipment, the same shall be submitted to the P/&# @orensic Daboratory for a
%ualitative and %uantitative examination
;)< # certification of the forensic laboratory examination results, which shall be done under oath by the
forensic laboratory examiner, shall be issued within twenty$four ;!1< hours after the receipt of the sub'ect
itemCs, Provided, "hat when the volume of the dangerous drugs, plant sources of dangerous drugs, and
controlled precursors and essential chemicals does not allow the completion of testing within the time
frame, a partial laboratory examination report shall be provisionally issued stating therein the %uantities of
dangerous drugs still to be examined by the forensic laboratory, Provided% however, "hat a final
certification shall be issued on the completed forensic laboratory examination on the same within the next
twenty$four ;!1< hours
;1< #fter the filing of the criminal case, the Court shall, within seventy$two ;7!< hours, conduct an ocular
inspection of the confiscated, sei2ed andCor surrendered dangerous drugs, plant sources of dangerous
drugs, and controlled precursors and essential chemicals, including the instrumentsCparaphernalia andCor
laboratory e%uipment, and through the P/&# shall within twenty$four ;!1< hours thereafter proceed with
the destruction or burning of the same, in the presence of the accused or the personCs from whom such
items were confiscated andCor sei2ed, or hisCher representative or counsel, a representative from the
media and the /.+, civil society groups and any elected public official. "he *oard shall draw up the
guidelines on the manner of proper disposition and destruction of such itemCs which shall be borne by the
offender, Provided, "hat those itemCs of lawful commerce, as determined by the *oard, shall be donated,
used or recycled for legitimate purposes, Provided% further, "hat a representative sample, duly weighed
and recorded is retained
;(< "he *oard shall then issue a sworn certification as to the fact of destruction or burning of the sub'ect
itemCs which, together with the representative sampleCs in the custody of the P/&#, shall be submitted to
the court having 'urisdiction over the case. 0n all instances, the representative sampleCs shall be -ept to a
minimum %uantity as determined by the *oard
;6< "he alleged offender or hisCher representative or counsel shall be allowed to personally observe all of
the above proceedings and hisCher presence shall not constitute an admission of guilt. 0n case the said
offender or accused refuses or fails to appoint a representative after due notice in writing to the accused
or hisCher counsel within seventy$two ;7!< hours before the actual burning or destruction of the evidence
in %uestion, the Secretary of +ustice shall appoint a member of the public attorney5s office to represent the
former
;7< #fter the promulgation and 'udgment in the criminal case wherein the representative sampleCs was
presented as evidence in court, the trial prosecutor shall inform the *oard of the final termination of the
case and, in turn, shall re%uest the court for leave to turn over the said representative sampleCs to the
P/&# for proper disposition and destruction within twenty$four ;!1< hours from receipt of the same and
;8< "ransitory Provision, a< 4ithin twenty$four ;!1< hours from the effectivity of this #ct, dangerous drugs
defined herein which are presently in possession of law enforcement agencies shall, with leave of court,
!1
be burned or destroyed, in the presence of representatives of the Court, /.+, /epartment of Health
;/.H< and the accusedCand or hisCher counsel, and, b< Pending the organi2ation of the P/&#, the
custody, disposition, and burning or destruction of sei2edCsurrendered dangerous drugs provided under
this Section shall be implemented by the /.H.
S'()*%+ &&. 0rant of Co$pensation% Reward and Award. G "he *oard shall recommend to the concerned
government agency the grant of compensation, reward and award to any person providing information and to law
enforcers participating in the operation, which results in the successful confiscation, sei2ure or surrender of
dangerous drugs, plant sources of dangerous drugs, and controlled precursors and essential chemicals.
S'()*%+ &3. Plea+Bargaining Provision. G #ny person charged under any provision of this #ct regardless of the
imposable penalty shall not be allowed to avail of the provision on plea$bargaining.
S'()*%+ &4. 5on+Applicability of the Probation #aw for "rug raffic4ers and Pushers. G #ny person convicted for
drug traffic-ing or pushing under this #ct, regardless of the penalty imposed by the Court, cannot avail of the
privilege granted by the Probation Daw or Presidential /ecree :o. 968, as amended.
S'()*%+ &,. 6ualifying Aggravating Circu$stances in the Co$$ission of a Cri$e by an /ffender 1nder the
(nfluence of "angerous "rugs. G :otwithstanding the provisions of any law to the contrary, a positive finding for
the use of dangerous drugs shall be a %ualifying aggravating circumstance in the commission of a crime by an
offender, and the application of the penalty provided for in the Revised Penal Code shall be applicable.
S'()*%+ &6. Atte$pt or Conspiracy. ! #ny attempt or conspiracy to commit the following unlawful acts shall be
penali2ed by the same penalty prescribed for the commission of the same as provided under this #ct,
;a< 0mportation of any dangerous drug andCor controlled precursor and essential chemical
;b< Sale, trading, administration, dispensation, delivery, distribution and transportation of any dangerous
drug andCor controlled precursor and essential chemical
;c< Aaintenance of a den, dive or resort where any dangerous drug is used in any form
;d< Aanufacture of any dangerous drug andCor controlled precursor and essential chemical and
;e< Cultivation or culture of plants which are sources of dangerous drugs.
S'()*%+ &". Cri$inal #iability of a Public /fficer or *$ployee for ,isappropriation% ,isapplication or 3ailure to
Account for the Confiscated% Sei&ed and)or Surrendered "angerous "rugs% Plant Sources of "angerous "rugs%
Controlled Precursors and *ssential Che$icals% (nstru$ents)Paraphernalia and)or #aboratory *.uip$ent
(ncluding the Proceeds or Properties /btained fro$ the 1nlawful Act Co$$itted. ! "he penalty of life
imprisonment to death and a fine ranging from @ive hundred thousand pesos ;P(??,???.??< to "en million pesos
;P1?,???,???.??<, in addition to absolute perpetual dis%ualification from any public office, shall be imposed upon
any public officer or employee who misappropriates, misapplies or fails to account for confiscated, sei2ed or
surrendered dangerous drugs, plant sources of dangerous drugs, controlled precursors and essential chemicals,
instrumentsCparaphernalia andCor laboratory e%uipment including the proceeds or properties obtained from the
unlawful acts as provided for in this #ct.
#ny elective local or national official found to have benefited from the proceeds of the traffic-ing of dangerous
drugs as prescribed in this #ct, or have received any financial or material contributions or donations from natural
or 'uridical persons found guilty of traffic-ing dangerous drugs as prescribed in this #ct, shall be removed from
office and perpetually dis%ualified from holding any elective or appointive positions in the government, its
divisions, subdivisions, and intermediaries, including government$owned or Gcontrolled corporations.
!!
S'()*%+ &8. Cri$inal #iability of 0overn$ent /fficials and *$ployees. G "he maximum penalties of the unlawful
acts provided for in this #ct shall be imposed, in addition to absolute perpetual dis%ualification from any public
office, if those found guilty of such unlawful acts are government officials and employees.
S'()*%+ &9. Cri$inal #iability for Planting of *vidence. G #ny person who is found guilty of =planting= any
dangerous drug andCor controlled precursor and essential chemical, regardless of %uantity and purity, shall suffer
the penalty of death.
S'()*%+ 30. Cri$inal #iability of /fficers of Partnerships% Corporations% Associations or /ther 7uridical *ntities. G
0n case any violation of this #ct is committed by a partnership, corporation, association or any 'uridical entity, the
partner, president, director, manager, trustee, estate administrator, or officer who consents to or -nowingly
tolerates such violation shall be held criminally liable as a co$principal.
"he penalty provided for the offense under this #ct shall be imposed upon the partner, president, director,
manager, trustee, estate administrator, or officer who -nowingly authori2es, tolerates or consents to the use of a
vehicle, vessel, aircraft, e%uipment or other facility, as an instrument in the importation, sale, trading,
administration, dispensation, delivery, distribution, transportation or manufacture of dangerous drugs, or chemical
diversion, if such vehicle, vessel, aircraft, e%uipment or other instrument is owned by or under the control or
supervision of the partnership, corporation, association or 'uridical entity to which they are affiliated.
S'()*%+ 31. Additional Penalty if /ffender is an Alien. G 0n addition to the penalties prescribed in the unlawful act
committed, any alien who violates such provisions of this #ct shall, after service of sentence, be deported
immediately without further proceedings, unless the penalty is death.
S'()*%+ 3&. #iability to a Person -iolating Any Regulation (ssued by the Board. G "he penalty of imprisonment
ranging from six ;6< months and one ;1< day to four ;1< years and a fine ranging from "en thousand pesos
;P1?,???.??< to @ifty thousand pesos ;P(?,???.??< shall be imposed upon any person found violating any
regulation duly issued by the *oard pursuant to this #ct, in addition to the administrative sanctions imposed by the
*oard.
S'()*%+ 33. ($$unity fro$ Prosecution and Punish$ent. G :otwithstanding the provisions of Section 17, Rule
119 of the Revised Rules of Criminal Procedure and the provisions of Republic #ct :o. 6981 or the 4itness
Protection, Security and *enefit #ct of 1991, any person who has violated Sections 7, 11, 1!, 11, 1(, and 19,
#rticle 00 of this #ct, who voluntarily gives information about any violation of Sections 1, (, 6, 8, 1?, 1), and 16,
#rticle 00 of this #ct as well as any violation of the offenses mentioned if committed by a drug syndicate, or any
information leading to the whereabouts, identities and arrest of all or any of the members thereof and who
willingly testifies against such persons as described above, shall be exempted from prosecution or punishment for
the offense with reference to which hisCher information of testimony were given, and may plead or prove the giving
of such information and testimony in bar of such prosecution, Provided% "hat the following conditions concur,
;1< "he information and testimony are necessary for the conviction of the persons described above
;!< Such information and testimony are not yet in the possession of the State
;)< Such information and testimony can be corroborated on its material points
;1< the informant or witness has not been previously convicted of a crime involving moral turpitude, except
when there is no other direct evidence available for the State other than the information and testimony of
said informant or witness and
;(< "he informant or witness shall strictly and faithfully comply without delay, any condition or underta-ing,
reduced into writing, lawfully imposed by the State as further consideration for the grant of immunity from
prosecution and punishment.
!)
Provided% further, "hat this immunity may be en'oyed by such informant or witness who does not appear to be
most guilty for the offense with reference to which hisCher information or testimony were given, Provided% finally,
"hat there is no direct evidence available for the State except for the information and testimony of the said
informant or witness.
S'()*%+ 34. er$ination of the 0rant of ($$unity. G "he immunity granted to the informant or witness, as
prescribed in Section )) of this #ct, shall not attach should it turn out subse%uently that the information andCor
testimony is false, malicious or made only for the purpose of harassing, molesting or in any way pre'udicing the
persons described in the preceding Section against whom such information or testimony is directed against. 0n
such case, the informant or witness shall be sub'ect to prosecution and the en'oyment of all rights and benefits
previously accorded him under this #ct or any other law, decree or order shall be deemed terminated.
0n case an informant or witness under this #ct fails or refuses to testify without 'ust cause, and when lawfully
obliged to do so, or should heCshe violate any condition accompanying such immunity as provided above, hisCher
immunity shall be removed and heCshe shall li-ewise be sub'ect to contempt andCor criminal prosecution, as the
case may be, and the en'oyment of all rights and benefits previously accorded him under this #ct or in any other
law, decree or order shall be deemed terminated.
0n case the informant or witness referred to under this #ct falls under the applicability of this Section hereof, such
individual cannot avail of the provisions under #rticle E000 of this #ct.
S'()*%+ 3,. Accessory Penalties. G # person convicted under this #ct shall be dis%ualified to exercise hisCher civil
rights such as but not limited to, the rights of parental authority or guardianship, either as to the person or property
of any ward, the rights to dispose of such property by any act or any conveyance inter vivos, and political rights
such as but not limited to, the right to vote and be voted for. Such rights shall also be suspended during the
pendency of an appeal from such conviction.
ARTICLE III
D7+.'/%60 D/6.0 T'0) 7+: R'(%/: R';6*/'9'+)0
S'()*%+ 36. Authori&ed "rug esting. G #uthori2ed drug testing shall be done by any government forensic
laboratories or by any of the drug testing laboratories accredited and monitored by the /.H to safeguard the
%uality of test results. "he /.H shall ta-e steps in setting the price of the drug test with /.H accredited drug
testing centers to further reduce the cost of such drug test. "he drug testing shall employ, among others, two ;!<
testing methods, the screening test which will determine the positive result as well as the type of the drug used
and the confirmatory test which will confirm a positive screening test. /rug test certificates issued by accredited
drug testing centers shall be valid for a one$year period from the date of issue which may be used for other
purposes. "he following shall be sub'ected to undergo drug testing,
;a< #pplicants for driver5s license. G :o driver5s license shall be issued or renewed to any person unless
heCshe presents a certification that heCshe has undergone a mandatory drug test and indicating thereon
that heCshe is free from the use of dangerous drugs
;b< #pplicants for firearm5s license and for permit to carry firearms outside of residence. G #ll applicants
for firearm5s license and permit to carry firearms outside of residence shall undergo a mandatory drug test
to ensure that they are free from the use of dangerous drugs, Provided, "hat all persons who by the
nature of their profession carry firearms shall undergo drug testing
;c< Students of secondary and tertiary schools. G Students of secondary and tertiary schools shall,
pursuant to the related rules and regulations as contained in the school5s student handboo- and with
notice to the parents, undergo a random drug testing, Provided, "hat all drug testing expenses whether in
public or private schools under this Section will be borne by the government
!1
;d< .fficers and employees of public and private offices. G .fficers and employees of public and private
offices, whether domestic or overseas, shall be sub'ected to undergo a random drug test as contained in
the company5s wor- rules and regulations, which shall be borne by the employer, for purposes of reducing
the ris- in the wor-place. #ny officer or employee found positive for use of dangerous drugs shall be dealt
with administratively which shall be a ground for suspension or termination, sub'ect to the provisions of
#rticle !8! of the Dabor Code and pertinent provisions of the Civil Service Daw
;e< .fficers and members of the military, police and other law enforcement agencies. G .fficers and
members of the military, police and other law enforcement agencies shall undergo an annual mandatory
drug test
;f< #ll persons charged before the prosecutor5s office with a criminal offense having an imposable penalty
of imprisonment of not less than six ;6< years and one ;1< day shall have to undergo a mandatory drug
test and
;g< #ll candidates for public office whether appointed or elected both in the national or local government
shall undergo a mandatory drug test.
0n addition to the above stated penalties in this Section, those found to be positive for dangerous drugs
use shall be sub'ect to the provisions of Section 1( of this #ct.
S'()*%+ 3". (ssuance of 3alse or 3raudulent "rug est Results. G #ny person authori2ed, licensed or accredited
under this #ct and its implementing rules to conduct drug examination or test, who issues false or fraudulent drug
test results -nowingly, willfully or through gross negligence, shall suffer the penalty of imprisonment ranging from
six ;6< years and one ;1< day to twelve ;1!< years and a fine ranging from .ne hundred thousand pesos
;P1??,???.??< to @ive hundred thousand pesos ;P(??,???.??<.
#n additional penalty shall be imposed through the revocation of the license to practice hisCher profession in case
of a practitioner, and the closure of the drug testing center.
S'()*%+ 38. #aboratory *8a$ination or est on Apprehended)Arrested /ffenders. G Sub'ect to Section 1( of this
#ct, any person apprehended or arrested for violating the provisions of this #ct shall be sub'ected to screening
laboratory examination or test within twenty$four ;!1< hours, if the apprehending or arresting officer has
reasonable ground to believe that the person apprehended or arrested, on account of physical signs or symptoms
or other visible or outward manifestation, is under the influence of dangerous drugs. 0f found to be positive, the
results of the screening laboratory examination or test shall be challenged within fifteen ;1(< days after receipt of
the result through a confirmatory test conducted in any accredited analytical laboratory e%uipment with a gas
chromatographCmass spectrometry e%uipment or some such modern and accepted method, if confirmed the same
shall be pri$a facie evidence that such person has used dangerous drugs, which is without pre'udice for the
prosecution for other violations of the provisions of this #ct, Provided, "hat a positive screening laboratory test
must be confirmed for it to be valid in a court of law.
S'()*%+ 39. Accreditation of "rug esting Centers and Physicians. G "he /.H shall be tas-ed to license and
accredit drug testing centers in each province and city in order to assure their capacity, competence, integrity and
stability to conduct the laboratory examinations and tests provided in this #rticle, and appoint such technical and
other personnel as may be necessary for the effective implementation of this provision. "he /.H shall also
accredit physicians who shall conduct the drug dependency examination of a drug dependent as well as the after$
care and follow$up program for the said drug dependent. "here shall be a control regulations, licensing and
accreditation division under the supervision of the /.H for this purpose.
@or this purpose, the /.H shall establish, operate and maintain drug testing centers in government hospitals,
which must be provided at least with basic technologically advanced e%uipment and materials, in order to conduct
the laboratory examination and tests herein provided, and appoint such %ualified and duly trained technical and
other personnel as may be necessary for the effective implementation of this provision.
!(
S'()*%+ 40. Records Re.uired for ransactions on "angerous "rug and Precursors and *ssential Che$icals. !
a< &very pharmacist dealing in dangerous drugs andCor controlled precursors and essential chemicals
shall maintain and -eep an original record of sales, purchases, ac%uisitions and deliveries of dangerous
drugs, indicating therein the following information,
;1< Dicense number and address of the pharmacist
;!< :ame, address and license of the manufacturer, importer or wholesaler from whom the
dangerous drugs have been purchased
;)< Iuantity and name of the dangerous drugs purchased or ac%uired
;1< /ate of ac%uisition or purchase
;(< :ame, address and community tax certificate number of the buyer
;6< Serial number of the prescription and the name of the physician, dentist, veterinarian or
practitioner issuing the same
;7< Iuantity and name of the dangerous drugs sold or delivered and
;8< /ate of sale or delivery.
# certified true copy of such record covering a period of six ;6< months, duly signed by the pharmacist or
the owner of the drugstore, pharmacy or chemical establishment, shall be forwarded to the *oard within
fifteen ;1(< days following the last day of +une and /ecember of each year, with a copy thereof furnished
the city or municipal health officer concerned.
;b< # physician, dentist, veterinarian or practitioner authori2ed to prescribe any dangerous drug shall
issue the prescription therefor in one ;1< original and two ;!< duplicate copies. "he original, after the
prescription has been filled, shall be retained by the pharmacist for a period of one ;1< year from the date
of sale or delivery of such drug. .ne ;1< copy shall be retained by the buyer or by the person to whom the
drug is delivered until such drug is consumed, while the second copy shall be retained by the person
issuing the prescription.
@or purposes of this #ct, all prescriptions issued by physicians, dentists, veterinarians or practitioners
shall be written on forms exclusively issued by and obtainable from the /.H. Such forms shall be made
of a special -ind of paper and shall be distributed in such %uantities and contain such information and
other data as the /.H may, by rules and regulations, re%uire. Such forms shall only be issued by the
/.H through its authori2ed employees to licensed physicians, dentists, veterinarians and practitioners in
such %uantities as the *oard may authori2e. 0n emergency cases, however, as the *oard may specify in
the public interest, a prescription need not be accomplished on such forms. "he prescribing physician,
dentist, veterinarian or practitioner shall, within three ;)< days after issuing such prescription, inform the
/.H of the same in writing. :o prescription once served by the drugstore or pharmacy be reused nor any
prescription once issued be refilled.
;c< #ll manufacturers, wholesalers, distributors, importers, dealers and retailers of dangerous drugs
andCor controlled precursors and essential chemicals shall -eep a record of all inventories, sales,
purchases, ac%uisitions and deliveries of the same as well as the names, addresses and licenses of the
persons from whom such items were purchased or ac%uired or to whom such items were sold or
delivered, the name and %uantity of the same and the date of the transactions. Such records may be
sub'ected anytime for review by the *oard.
!6
ARTICLE IV
P7/)*(*47)*%+ %1 )2' F79*3<, S)6:'+)0, T'7(2'/0 7+: S(2%%3 A6)2%/*)*'0 *+ )2' E+1%/('9'+) %1 )2*0 A()
S'()*%+ 41. (nvolve$ent of the 3a$ily. G "he family being the basic unit of the @ilipino society shall be primarily
responsible for the education and awareness of the members of the family on the ill effects of dangerous drugs
and close monitoring of family members who may be susceptible to drug abuse.
S'()*%+ 4&. Student Councils and Ca$pus /rgani&ations. G #ll elementary, secondary and tertiary schools5
student councils and campus organi2ations shall include in their activities a program for the prevention of and
deterrence in the use of dangerous drugs, and referral for treatment and rehabilitation of students for drug
dependence.
S'()*%+ 43. School Curricula. G 0nstruction on drug abuse prevention and control shall be integrated in the
elementary, secondary and tertiary curricula of all public and private schools, whether general, technical,
vocational or agro$industrial as well as in non$formal, informal and indigenous learning systems. Such instructions
shall include,
;1< #dverse effects of the abuse and misuse of dangerous drugs on the person, the family, the school and
the community
;!< Preventive measures against drug abuse
;)< Health, socio$cultural, psychological, legal and economic dimensions and implications of the drug
problem
;1< Steps to ta-e when intervention on behalf of a drug dependent is needed, as well as the services
available for the treatment and rehabilitation of drug dependents and
;(< Aisconceptions about the use of dangerous drugs such as, but not limited to, the importance and
safety of dangerous drugs for medical and therapeutic use as well as the differentiation between medical
patients and drug dependents in order to avoid confusion and accidental stigmati2ation in the
consciousness of the students.
S'()*%+ 44. Heads% Supervisors% and eachers of Schools. G @or the purpose of enforcing the provisions of
#rticle 00 of this #ct, all school heads, supervisors and teachers shall be deemed persons in authority and, as
such, are hereby empowered to apprehend, arrest or cause the apprehension or arrest of any person who shall
violate any of the said provisions, pursuant to Section (, Rule 11) of the Rules of Court. "hey shall be deemed
persons in authority if they are in the school or within its immediate vicinity, or even beyond such immediate
vicinity if they are in attendance at any school or class function in their official capacity as school heads,
supervisors, and teachers.
#ny teacher or school employee, who discovers or finds that any person in the school or within its immediate
vicinity is liable for violating any of said provisions, shall have the duty to report the same to the school head or
immediate superior who shall, in turn, report the matter to the proper authorities.
@ailure to do so in either case, within a reasonable period from the time of discovery of the violation shall, after
due hearing, constitute sufficient cause for disciplinary action by the school authorities.
S'()*%+ 4,. Publication and "istribution of ,aterials on "angerous "rugs. G 4ith the assistance of the *oard, the
Secretary of the /epartment of &ducation ;/ep&d<, the Chairman of the Commission on Higher &ducation
;CH&/< and the /irector$3eneral of the "echnical &ducation and S-ills /evelopment #uthority ;"&S/#< shall
!7
cause the development, publication and distribution of information and support educational materials on
dangerous drugs to the students, the faculty, the parents, and the community.
S'()*%+ 46. Special "rug *ducation Center. G 4ith the assistance of the *oard, the /epartment of the 0nterior
and Docal 3overnment ;/0D3<, the :ational Fouth Commission ;:FC<, and the /epartment of Social 4elfare and
/evelopment ;/S4/< shall establish in each of its provincial office a special education drug center for out$of$
school youth and street children. Such Center which shall be headed by the Provincial Social. 4elfare
/evelopment .fficer shall sponsor drug prevention programs and activities and information campaigns with the
end in view of educating the out$of$school youth and street children regarding the pernicious effects of drug
abuse. "he programs initiated by the Center shall li-ewise be adopted in all public and private orphanage and
existing special centers for street children.
ARTICLE V
P/%9%)*%+ %1 7 N7)*%+73 D/6.#F/'' %/=437(' P/%./79 *)2 )2' P7/)*(*47)*%+ %1 P/*>7)' 7+: L7?%/
S'()%/0 7+: )2' D'47/)9'+) %1 L7?%/ 7+: E943%<9'+)
S'()*%+ 4". "rug+3ree 9or4place. G 0t is deemed a policy of the State to promote drug$free wor-places using a
tripartite approach. 4ith the assistance of the *oard, the /epartment of Dabor and &mployment ;/.D&< shall
develop, promote and implement a national drug abuse prevention program in the wor-place to be adopted by
private companies with ten ;1?< or more employees. Such program shall include the mandatory drafting and
adoption of company policies against drug use in the wor-place in close consultation and coordination with the
/.D&, labor and employer organi2ations, human resource development managers and other such private sector
organi2ations.
S'()*%+ 48. 0uidelines for the 5ational "rug+3ree 9or4place Progra$. G "he *oard and the /.D& shall
formulate the necessary guidelines for the implementation of the national drug$free wor-place program. "he
amount necessary for the implementation of which shall be included in the annual 3eneral #ppropriations #ct.
ARTICLE VI
P7/)*(*47)*%+ %1 )2' P/*>7)' 7+: L7?%/ S'()%/0 *+ )2' E+1%/('9'+) %1 )2*0 A()
S'()*%+ 49. #abor /rgani&ations and the Private Sector. G #ll labor unions, federations, associations, or
organi2ations in cooperation with the respective private sector partners shall include in their collective bargaining
or any similar agreements, 'oint continuing programs and information campaigns for the laborers similar to the
programs provided under Section 17 of this #ct with the end in view of achieving a drug free wor-place.
S'()*%+ ,0. 0overn$ent Assistance. G "he labor sector and the respective partners may, in pursuit of the
programs mentioned in the preceding Section, secure the technical assistance, such as but not limited to,
seminars and information dissemination campaigns of the appropriate government and law enforcement
agencies.
ARTICLE VII
P7/)*(*47)*%+ %1 L%(73 G%>'/+9'+) U+*)0
S'()*%+ ,1. #ocal 0overn$ent 1nits: Assistance. G Docal government units shall appropriate a substantial portion
of their respective annual budgets to assist in or enhance the enforcement of this #ct giving priority to preventive
or educational programs and the rehabilitation or treatment of drug dependents.
!8
S'()*%+ ,&. Abate$ent of "rug Related Public 5uisances. G #ny place or premises which have been used on two
or more occasions as the site of the unlawful sale or delivery of dangerous drugs may be declared to be a public
nuisance, and such nuisance may be abated, pursuant to the following procedures,
;1< #ny city or municipality may, by ordinance, create an administrative board to hear complaints
regarding the nuisances
;!< any employee, officer, or resident of the city or municipality may bring a complaint before the *oard
after giving not less than three ;)< days written notice of such complaint to the owner of the place or
premises at hisCher last -nown address and
;)< #fter hearing in which the *oard may consider any evidence, including evidence of the general
reputation of the place or premises, and at which the owner of the premises shall have an opportunity to
present evidence in hisCher defense, the *oard may declare the place or premises to be a public
nuisance.
S'()*%+ ,3. *ffect of Board "eclaration. G 0f the *oard declares a place or premises to be a public nuisance, it
may declare an order immediately prohibiting the conduct, operation, or maintenance of any business or activity
on the premises which is conducive to such nuisance.
#n order entered under this Section shall expire after one ;1< year or at such earlier time as stated in the order.
"he *oard may bring a complaint see-ing a permanent in'unction against any nuisance described under this
Section.
"his #rticle does not restrict the right of any person to proceed under the Civil Code against any public nuisance.
ARTICLE VIII
P/%./79 1%/ T/'7)9'+) 7+: R'27?*3*)7)*%+ %1 D/6. D'4'+:'+)0
S'()*%+ ,4. -oluntary Sub$ission of a "rug "ependent to Confine$ent% reat$ent and Rehabilitation. G # drug
dependent or any person who violates Section 1( of this #ct may, by himselfCherself or through hisCher parent,
spouse, guardian or relative within the fourth degree of consanguinity or affinity, apply to the *oard or its duly
recogni2ed representative, for treatment and rehabilitation of the drug dependency. >pon such application, the
*oard shall bring forth the matter to the Court which shall order that the applicant be examined for drug
dependency. 0f the examination by a /.H$accredited physician results in the issuance of a certification that the
applicant is a drug dependent, heCshe shall be ordered by the Court to undergo treatment and rehabilitation in a
Center designated by the *oard for a period of not less than six ;6< months, Provided, "hat a drug dependent
may be placed under the care of a /.H$accredited physician where there is no Center near or accessible to the
residence of the drug dependent or where said drug dependent is below eighteen ;18< years of age and is a first$
time offender and non$confinement in a Center will not pose a serious danger to hisCher family or the community.
Confinement in a Center for treatment and rehabilitation shall not exceed one ;1< year, after which time the Court,
as well as the *oard, shall be apprised by the head of the treatment and rehabilitation center of the status of said
drug dependent and determine whether further confinement will be for the welfare of the drug dependent and
hisCher family or the community.
S'()*%+ ,,. *8e$ption fro$ the Cri$inal #iability 1nder the -oluntary Sub$ission Progra$. # drug dependent
under the voluntary submission program, who is finally discharged from confinement, shall be exempt from the
criminal liability under Section 1( of this act sub'ect to the following conditions,
;1< HeCshe has complied with the rules and regulations of the center, the applicable rules and regulations
of the *oard, including the after$care and follow$up program for at least eighteen ;18< months following
!9
temporary discharge from confinement in the Center or, in the case of a dependent placed under the care
of the /.H$accredited physician, the after$care program and follow$up schedule formulated by the /S4/
and approved by the *oard, Provided, "hat capability$building of local government social wor-ers shall be
underta-en by the /S4/
;!< HeCshe has never been charged or convicted of any offense punishable under this #ct, the /angerous
/rugs #ct of 197! or Republic #ct :o. 61!(, as amended the Revised Penal Code, as amended or any
special penal laws
;)< HeCshe has no record of escape from a Center, Provided, "hat had heCshe escaped, heCshe
surrendered by himselfCherself or through hisCher parent, spouse, guardian or relative within the fourth
degree of consanguinity or affinity, within one ;1< wee- from the date of the said escape and
;1< HeCshe poses no serious danger to himselfCherself, hisCher family or the community by hisCher
exemption from criminal liability.
S'()*%+ ,6. e$porary Release 3ro$ the Center; After+Care and 3ollow+1p reat$ent 1nder the -oluntary
Sub$ission Progra$. G >pon certification of the Center that the drug dependent within the voluntary submission
program may be temporarily released, the Court shall order hisCher release on condition that said drug dependent
shall report to the /.H for after$care and follow$up treatment, including urine testing, for a period not exceeding
eighteen ;18< months under such terms and conditions that the Court may impose.
0f during the period of after$care and follow$up, the drug dependent is certified to be rehabilitated, heCshe may be
discharged by the Court, sub'ect to the provisions of Section (( of this #ct, without pre'udice to the outcome of
any pending case filed in court.
However, should the /.H find that during the initial after$care and follow$up program of eighteen ;18< months, the
drug dependent re%uires further treatment and rehabilitation in the Center, heCshe shall be recommitted to the
Center for confinement. "hereafter, heCshe may again be certified for temporary release and ordered released for
another after$care and follow$up program pursuant to this Section.
S'()*%+ ,". Probation and Co$$unity Service 1nder the -oluntary Sub$ission Progra$. G # drug dependent
who is discharged as rehabilitated by the /.H$accredited Center through the voluntary submission program, but
does not %ualify for exemption from criminal liability under Section (( of this #ct, may be charged under the
provisions of this #ct, but shall be placed on probation and undergo a community service in lieu of imprisonment
andCor fine in the discretion of the court, without pre'udice to the outcome of any pending case filed in court.
Such drug dependent shall undergo community service as part of hisCher after$care and follow$up program, which
may be done in coordination with nongovernmental civil organi2ations accredited by the /S4/, with the
recommendation of the *oard.
S'()*%+ ,8. 3iling of Charges Against a "rug "ependent 9ho is 5ot Rehabilitated 1nder the -oluntary
Sub$ission Progra$. G # drug dependent, who is not rehabilitated after the second commitment to the Center
under the voluntary submission program, shall, upon recommendation of the *oard, be charged for violation of
Section 1( of this #ct and prosecuted li-e any other offender. 0f convicted, heCshe shall be credited for the period
of confinement and rehabilitation in the Center in the service of hisCher sentence.
S'()*%+ ,9. *scape and Reco$$it$ent for Confine$ent and Rehabilitation 1nder the -oluntary Sub$ission
Progra$. G Should a drug dependent under the voluntary submission program escape from the Center, heCshe
may submit himselfCherself for recommitment within one ;1< wee- therefrom, or hisCher parent, spouse, guardian
or relative within the fourth degree of consanguinity or affinity may, within said period, surrender him for
recommitment, in which case the corresponding order shall be issued by the *oard.
)?
Should the escapee fail to submit himselfCherself or be surrendered after one ;1< wee-, the *oard shall apply to
the court for a recommitment order upon proof of previous commitment or hisCher voluntary submission by the
*oard, the court may issue an order for recommitment within one ;1< wee-.
0f, subse%uent to a recommitment, the dependent once again escapes from confinement, heCshe shall be charged
for violation of Section 1( of this #ct and he sub'ected under section 61 of this #ct, either upon order of the *oard
or upon order of the court, as the case may be.
S'()*%+ 60. Confidentiality of Records 1nder the -oluntary Sub$ission Progra$. G +udicial and medical records
of drug dependents under the voluntary submission program shall be confidential and shall not be used against
him for any purpose, except to determine how many times, by himselfCherself or through hisCher parent, spouse,
guardian or relative within the fourth degree of consanguinity or affinity, heCshe voluntarily submitted
himselfCherself for confinement, treatment and rehabilitation or has been committed to a Center under this
program.
S'()*%+ 61. Co$pulsory Confine$ent of a "rug "ependent 9ho Refuses to Apply 1nder the -oluntary
Sub$ission Progra$. G :otwithstanding any law, rule and regulation to the contrary, any person determined and
found to be dependent on dangerous drugs shall, upon petition by the *oard or any of its authori2ed
representative, be confined for treatment and rehabilitation in any Center duly designated or accredited for the
purpose.
# petition for the confinement of a person alleged to be dependent on dangerous drugs to a Center may be filed
by any person authori2ed by the *oard with the Regional "rial Court of the province or city where such person is
found.
#fter the petition is filed, the court, by an order, shall immediately fix a date for the hearing, and a copy of such
order shall be served on the person alleged to be dependent on dangerous drugs, and to the one having charge
of him.
0f after such hearing and the facts so warrant, the court shall order the drug dependent to be examined by two ;!<
physicians accredited by the *oard. 0f both physicians conclude that the respondent is not a drug dependent, the
court shall order hisCher discharge. 0f either physician finds him to be a dependent, the court shall conduct a
hearing and consider all relevant evidence which may be offered. 0f the court finds him a drug dependent, it shall
issue an order for hisCher commitment to a treatment and rehabilitation center under the supervision of the /.H.
0n any event, the order of discharge or order of confinement or commitment shall be issued not later than fifteen
;1(< days from the filing of the appropriate petition.
S'()*%+ 6&. Co$pulsory Sub$ission of a "rug "ependent Charged with an /ffense to reat$ent and
Rehabilitation. G 0f a person charged with an offense where the imposable penalty is imprisonment of less than six
;6< years and one ;1< day, and is found by the prosecutor or by the court, at any stage of the proceedings, to be a
drug dependent, the prosecutor or the court as the case may be, shall suspend all further proceedings and
transmit copies of the record of the case to the *oard.
0n the event he *oard determines, after medical examination, that public interest re%uires that such drug
dependent be committed to a center for treatment and rehabilitation, it shall file a petition for hisCher commitment
with the regional trial court of the province or city where heCshe is being investigated or tried, Provided, "hat
where a criminal case is pending in court, such petition shall be filed in the said court. "he court shall ta-e 'udicial
notice of the prior proceedings in the case and shall proceed to hear the petition. 0f the court finds him to be a
drug dependent, it shall order hisCher commitment to a Center for treatment and rehabilitation. "he head of said
Center shall submit to the court every four ;1< months, or as often as the court may re%uire, a written report on the
progress of the treatment. 0f the dependent is rehabilitated, as certified by the center and the *oard, heCshe shall
be returned to the court, which committed him, for hisCher discharge therefrom.
)1
"hereafter, hisCher prosecution for any offense punishable by law shall be instituted or shall continue, as the case
may be. 0n case of conviction, the 'udgment shall, if the accused is certified by the treatment and rehabilitation
center to have maintained good behavior, indicate that heCshe shall be given full credit for the period heCshe was
confined in the Center, Provided% however, "hat when the offense is for violation of Section 1( of this #ct and the
accused is not a recidivist, the penalty thereof shall be deemed to have been served in the Center upon hisCher
release therefrom after certification by the Center and the *oard that heCshe is rehabilitated.
S'()*%+ 63. Prescription of the /ffense Charged Against a "rug "ependent 1nder the Co$pulsory Sub$ission
Progra$. G "he period of prescription of the offense charged against a drug dependent under the compulsory
submission program shall not run during the time that the drug dependent is under confinement in a Center or
otherwise under the treatment and rehabilitation program approved by the *oard.
>pon certification of the Center that heCshe may temporarily be discharged from the said Center, the court shall
order hisCher release on condition that heCshe shall report to the *oard through the /.H for after$care and follow$
up treatment for a period not exceeding eighteen ;18< months under such terms and conditions as may be
imposed by the *oard.
0f at anytime during the after$care and follow$up period, the *oard certifies to hisCher complete rehabilitation, the
court shall order hisCher final discharge from confinement and order for the immediate resumption of the trial of the
case for which heCshe is originally charged. Should the *oard through the /.H find at anytime during the after$
care and follow$up period that heCshe re%uires further treatment and rehabilitation, it shall report to the court,
which shall order hisCher recommitment to the Center.
Should the drug dependent, having been committed to a Center upon petition by the *oard escape therefrom,
heCshe may resubmit himselfCherself for confinement within one ;1< wee- from the date of hisCher escape or
hisCher parent, spouse, guardian or relative within the fourth degree of consanguinity or affinity may, within the
same period, surrender him for recommitment. 0f, however, the drug dependent does not resubmit himselfCherself
for confinement or heCshe is not surrendered for recommitment, the *oard may apply with the court for the
issuance of the recommitment order. >pon proof of previous commitment, the court shall issue an order for
recommitment. 0f, subse%uent to such recommitment, heCshe should escape again, heCshe shall no longer be
exempt from criminal liability for use of any dangerous drug.
# drug dependent committed under this particular Section who is finally discharged from confinement shall be
exempt from criminal liability under Section 1( of this #ct, without pre'udice to the outcome of any pending case
filed in court. .n the other hand, a drug dependent who is not rehabilitated after a second commitment to the
Center shall, upon conviction by the appropriate court, suffer the same penalties provided for under Section 1( of
this #ct again without pre'udice to the outcome of any pending case filed in court.
S'()*%+ 64. Confidentiality of Records 1nder the Co$pulsory Sub$ission Progra$. G "he records of a drug
dependent who was rehabilitated and discharged from the Center under the compulsory submission program, or
who was charged for violation of Section 1( of this #ct, shall be covered by Section 6? of this #ct. However, the
records of a drug dependent who was not rehabilitated, or who escaped but did not surrender himselfCherself
within the prescribed period, shall be forwarded to the court and their use shall be determined by the court, ta-ing
into consideration public interest and the welfare of the drug dependent.
S'()*%+ 6,. "uty of the Prosecutor in the Proceedings. G 0t shall be the duty of the provincial or the city
prosecutor or their assistants or state prosecutors to prepare the appropriate petition in all proceedings arising
from this #ct.
S'()*%+ 66. Suspension of Sentence of a 3irst+i$e ,inor /ffender. G #n accused who is over fifteen ;1(< years
of age at the time of the commission of the offense mentioned in Section 11 of this #ct, but not more than
eighteen ;18< years of age at the time when 'udgment should have been promulgated after having been found
guilty of said offense, may be given the benefits of a suspended sentence, sub'ect to the following conditions,
)!
;a< HeCshe has not been previously convicted of violating any provision of this #ct, or of the /angerous
/rugs #ct of 197!, as amended or of the Revised Penal Code or of any special penal laws
;b< HeCshe has not been previously committed to a Center or to the care of a /.H$accredited physician
and
;c< "he *oard favorably recommends that hisCher sentence be suspended.
4hile under suspended sentence, heCshe shall be under the supervision and rehabilitative surveillance of the
*oard, under such conditions that the court may impose for a period ranging from six ;6< months to eighteen ;18<
months.
>pon recommendation of the *oard, the court may commit the accused under suspended sentence to a Center,
or to the care of a /.H$accredited physician for at least six ;6< months, with after$care and follow$up program for
not more than eighteen ;18< months.
0n the case of minors under fifteen ;1(< years of age at the time of the commission of any offense penali2ed under
this #ct, #rticle 19! of Presidential /ecree :o. 6?), otherwise -nown as the Child and Fouth 4elfare Code, as
amended by Presidential /ecree :o. 1179 shall apply, without pre'udice to the application of the provisions of this
Section.
S'()*%+ 6". "ischarge After Co$pliance with Conditions of Suspended Sentence of a 3irst+i$e ,inor /ffender.
G 0f the accused first time minor offender under suspended sentence complies with the applicable rules and
regulations of the *oard, including confinement in a Center, the court, upon a favorable recommendation of the
*oard for the final discharge of the accused, shall discharge the accused and dismiss all proceedings.
>pon the dismissal of the proceedings against the accused, the court shall enter an order to expunge all official
records, other than the confidential record to be retained by the /.+ relating to the case. Such an order, which
shall be -ept confidential, shall restore the accused to hisCher status prior to the case. HeCshe shall not be held
thereafter to be guilty of per'ury or of concealment or misrepresentation by reason of hisCher failure to
ac-nowledge the case or recite any fact related thereto in response to any in%uiry made of him for any purpose.
S'()*%+ 68. Privilege of Suspended Sentence to be Availed of /nly /nce by a 3irst+i$e ,inor /ffender. G "he
privilege of suspended sentence shall be availed of only once by an accused drug dependent who is a first$time
offender over fifteen ;1(< years of age at the time of the commission of the violation of Section 1( of this #ct but
not more than eighteen ;18< years of age at the time when 'udgment should have been promulgated.
S'()*%+ 69. Pro$ulgation of Sentence for 3irst+i$e ,inor /ffender. G 0f the accused first$time minor offender
violates any of the conditions of hisCher suspended sentence, the applicable rules and regulations of the *oard
exercising supervision and rehabilitative surveillance over him, including the rules and regulations of the Center
should confinement be re%uired, the court shall pronounce 'udgment of conviction and heCshe shall serve
sentence as any other convicted person.
S'()*%+ "0. Probation or Co$$unity Service for a 3irst+i$e ,inor /ffender in #ieu of ($prison$ent. G >pon
promulgation of the sentence, the court may, in its discretion, place the accused under probation, even if the
sentence provided under this #ct is higher than that provided under existing law on probation, or impose
community service in lieu of imprisonment. 0n case of probation, the supervision and rehabilitative surveillance
shall be underta-en by the *oard through the /.H in coordination with the *oard of Pardons and Parole and the
Probation #dministration. >pon compliance with the conditions of the probation, the *oard shall submit a written
report to the court recommending termination of probation and a final discharge of the probationer, whereupon the
court shall issue such an order.
))
"he community service shall be complied with under conditions, time and place as may be determined by the
court in its discretion and upon the recommendation of the *oard and shall apply only to violators of Section 1( of
this #ct. "he completion of the community service shall be under the supervision and rehabilitative surveillance of
the *oard during the period re%uired by the court. "hereafter, the *oard shall render a report on the manner of
compliance of said community service. "he court in its discretion may re%uire extension of the community service
or order a final discharge.
0n both cases, the 'udicial records shall be covered by the provisions of Sections 6? and 61 of this #ct.
0f the sentence promulgated by the court re%uires imprisonment, the period spent in the Center by the accused
during the suspended sentence period shall be deducted from the sentence to be served.
S'()*%+ "1. Records to be 4ept by the "epart$ent of 7ustice. G "he /.+ shall -eep a confidential record of the
proceedings on suspension of sentence and shall not be used for any purpose other than to determine whether or
not a person accused under this #ct is a first$time minor offender.
S'()*%+ "&. #iability of a Person 9ho -iolates the Confidentiality of Records. G "he penalty of imprisonment
ranging from six ;6< months and one ;1< day to six ;6< years and a fine ranging from .ne thousand pesos
;P1,???.??< to Six thousand pesos ;P6,???.??<, shall be imposed upon any person who, having official custody of
or access to the confidential records of any drug dependent under voluntary submission programs, or anyone
who, having gained possession of said records, whether lawfully or not, reveals their content to any person other
than those charged with the prosecution of the offenses under this #ct and its implementation. "he maximum
penalty shall be imposed, in addition to absolute perpetual dis%ualification from any public office, when the
offender is a government official or employee. Should the records be used for unlawful purposes, such as
blac-mail of the drug dependent or the members of hisCher family, the penalty imposed for the crime of violation of
confidentiality shall be in addition to whatever crime heCshe may be convicted of.
S'()*%+ "3. #iability of a Parent% Spouse or 0uardian 9ho Refuses to Cooperate with the Board or any
Concerned Agency. G #ny parent, spouse or guardian who, without valid reason, refuses to cooperate with the
*oard or any concerned agency in the treatment and rehabilitation of a drug dependent who is a minor, or in any
manner, prevents or delays the after$care, follow$up or other programs for the welfare of the accused drug
dependent, whether under voluntary submission program or compulsory submission program, may be cited for
contempt by the court.
S'()*%+ "4. Cost+Sharing in the reat$ent and Rehabilitation of a "rug "ependent. G "he parent, spouse,
guardian or any relative within the fourth degree of consanguinity of any person who is confined under the
voluntary submission program or compulsory submission program shall be charged a certain percentage of the
cost of hisCher treatment and rehabilitation, the guidelines of which shall be formulated by the /S4/ ta-ing into
consideration the economic status of the family of the person confined. "he guidelines therein formulated shall be
implemented by a social wor-er of the local government unit.
S'()*%+ ",. reat$ent and Rehabilitation Centers. G "he existing treatment and rehabilitation centers for drug
dependents operated and maintained by the :*0 and the P:P shall be operated, maintained and managed by the
/.H in coordination with other concerned agencies. @or the purpose of enlarging the networ- of centers, the
*oard through the /.H shall encourage, promote or whenever feasible, assist or support in the establishment,
operations and maintenance of private centers which shall be eligible to receive grants, donations or subsidy from
either government or private sources. 0t shall also support the establishment of government$operated regional
treatment and rehabilitation centers depending upon the availability of funds. "he national government, through its
appropriate agencies shall give priority funding for the increase of subsidy to existing government drug
rehabilitation centers, and shall establish at least one ;1< drug rehabilitation center in each province, depending
on the availability of funds.
S'()*%+ "6. he "uties and Responsibilities of the "epart$ent of health <"/H= 1nder this Act. ! "he /.H shall,
)1
;1< .versee the monitor the integration, coordination and supervision of all drug rehabilitation,
intervention, after$care and follow$up programs, pro'ects and activities as well as the establishment,
operations, maintenance and management of privately$owned drug treatment rehabilitation centers and
drug testing networ-s and laboratories throughout the country in coordination with the /S4/ and other
agencies
;!< Dicense, accredit, establish and maintain drug test networ- and laboratory, initiate, conduct and
support scientific research on drugs and drug control
;)< &ncourage, assist and accredit private centers, promulgate rules and regulations setting minimum
standards for their accreditation to assure their competence, integrity and stability
;1< Prescribe and promulgate rules and regulations governing the establishment of such Centers as it
may deem necessary after conducting a feasibility study thereof
;(< "he /.H shall, without pre'udice to the criminal prosecution of those found guilty of violating this #ct,
order the closure of a Center for treatment and rehabilitation of drug dependency when, after investigation
it is found guilty of violating the provisions of this #ct or regulations issued by the *oard and
;6< Charge reasonable fees for drug dependency examinations, other medical and legal services provided
to the public, which shall accrue to the *oard. #ll income derived from these sources shall be part of the
funds constituted as special funds for the implementation of this #ct under Section 87.
ARTICLE I@
D7+.'/%60 D/6.0 B%7/: 7+: P2*3*44*+' D/6. E+1%/('9'+) A.'+(<
S'()*%+ "". he "angerous "rugs Board. G "he *oard shall be the policy$ma-ing and strategy$formulating body
in the planning and formulation of policies and programs on drug prevention and control. 0t shall develop and
adopt a comprehensive, integrated, unified and balanced national drug abuse prevention and control strategy. 0t
shall be under the .ffice of the President.
S'()*%+ "8. Co$position of the Board. G "he *oard shall be composed of seventeen ;17< members wherein three
;)< of which are permanent members, the other twelve ;1!< members shall be in an e8 officio capacity and the two
;!< shall be regular members.
"he three ;)< permanent members, who shall possess at least seven$year training and experience in the field of
dangerous drugs and in any of the following fields, in law, medicine, criminology, psychology or social wor-, shall
be appointed by the President of the Philippines. "he President shall designate a Chairman, who shall have the
ran- of a secretary from among the three ;)< permanent members who shall serve for six ;6< years. .f the two ;!<
other members, who shall both have the ran- of undersecretary, one ;1< shall serve for four ;1< years and the
other for two ;!< years. "hereafter, the persons appointed to succeed such members shall hold office for a term of
six ;6< years and until their successors shall have been duly appointed and %ualified.
"he other twelve ;1!< members who shall be e8 officio members of the *oard are the following,
;1< Secretary of the /epartment of +ustice or hisCher representative
;!< Secretary of the /epartment of Health or hisCher representative
;)< Secretary of the /epartment of :ational /efense or hisCher representative
;1< Secretary of the /epartment of @inance or hisCher representative
)(
;(< Secretary of the /epartment of Dabor and &mployment or hisCher representative
;6< Secretary of the /epartment of the 0nterior and Docal 3overnment or hisCher representative
;7< Secretary of the /epartment of Social 4elfare and /evelopment or hisCher representative
;8< Secretary of the /epartment of @oreign #ffairs or hisCher representative
;9< Secretary of the /epartment of &ducation or hisCher representative
;1?< Chairman of the Commission on Higher &ducation or hisCher representative
;11< Chairman of the :ational Fouth Commission
;1!< /irector 3eneral of the Philippine /rug &nforcement #gency.
Cabinet secretaries who are members of the *oard may designate their duly authori2ed and permanent
representatives whose ran-s shall in no case be lower than undersecretary.
"he two ;!< regular members shall be as follows,
;a< "he president of the 0ntegrated *ar of the Philippines and
;b< "he chairman or president of a non$government organi2ation involved in dangerous drug campaign to
be appointed by the President of the Philippines.
"he /irector of the :*0 and the Chief of the P:P shall be the permanent consultants of the *oard, and shall
attend all the meetings of the *oard.
#ll members of the *oard as well as its permanent consultants shall receive a per diem for every meeting actually
attended sub'ect to the pertinent budgetary laws, rules and regulations on compensation, honoraria and
allowances, Provided% "hat where the representative of an e8 officio member or of the permanent consultant of
the *oard attends a meeting in behalf of the latter, such representative shall be entitled to receive the per diem.
S'()*%+ "9. ,eetings of the Board. G "he *oard shall meet once a wee- or as often as necessary at the
discretion of the Chairman or at the call of any four ;1< other members. "he presence of nine ;9< members shall
constitute a %uorum.
S'()*%+ 80. Secretariat of the Board. G "he *oard shall recommend to the President of the Philippines the
appointment of an &xecutive /irector, with the ran- of an undersecretary, who shall be the Secretary of the *oard
and administrative officer of its secretariat, and shall perform such other duties that may be assigned to himCher.
HeCshe must possess ade%uate -nowledge, training and experience in the field of dangerous drugs, and in any of
the following fields, law enforcement, law, medicine, criminology, psychology or social wor-.
"wo deputies executive director, for administration and operations, with the ran-s of assistant secretary, shall be
appointed by the President upon recommendation of the *oard. "hey shall possess the same %ualifications as
those of the executive director. "hey shall receive a salary corresponding to their position as prescribed by the
Salary Standardi2ation Daw as a Career Service .fficer.
"he existing secretariat of the *oard shall be under the administrative control and supervision of the &xecutive
/irector. 0t shall be composed of the following divisions, namely, Policy Studies, Research and Statistics
Preventive &ducation, "raining and 0nformation Degal #ffairs and the #dministrative and @inancial Aanagement.
)6
S'()*%+ 81. Powers and "uties of the Board. G "he *oard shall,
;a< @ormulate, develop and establish a comprehensive, integrated, unified and balanced national drug
use prevention and control strategy
;b< Promulgate such rules and regulations as may be necessary to carry out the purposes of this #ct,
including the manner of safe-eeping, disposition, burning or condemnation of any dangerous drug andCor
controlled precursor and essential chemical under its charge and custody, and prescribe administrative
remedies or sanctions for the violations of such rules and regulations
;c< Conduct policy studies, program monitoring and evaluations and other researches on drug prevention,
control and enforcement
;d< 0nitiate, conduct and support scientific, clinical, social, psychological, physical and biological
researches on dangerous drugs and dangerous drugs prevention and control measures
;e< /evelop an educational program and information drive on the ha2ards and prevention of illegal use of
any dangerous drug andCor controlled precursor and essential chemical based on factual data, and
disseminate the same to the general public, for which purpose the *oard shall endeavor to ma-e the
general public aware of the ha2ards of any dangerous drugs andCor controlled precursor and essential
chemical by providing among others, literature, films, displays or advertisements and by coordinating with
all institutions of learning as well as with all national and local enforcement agencies in planning and
conducting its educational campaign programs to be implemented by the appropriate government
agencies
;f< Conduct continuing seminars for, and consultations with, and provide information materials to 'udges
and prosecutors in coordination with the .ffice of the Court #dministrator, in the case of 'udges, and the
/.+, in the case of prosecutors, which aim to provide them with the current developments and programs
of the *oard pertinent to its campaign against dangerous drugs and its scientific researches on
dangerous drugs, its prevention and control measures
;g< /esign special trainings in order to provide law enforcement officers, members of the 'udiciary, and
prosecutors, school authorities and personnel of centers with -nowledge and -now$how in dangerous
drugs andCor controlled precursors and essential chemicals control in coordination with the Supreme
Court to meet the ob'ectives of the national drug control programs
;h< /esign and develop, in consultation and coordination with the /.H, /S4/ and other agencies
involved in drugs control, treatment and rehabilitation, both public and private, a national treatment and
rehabilitation program for drug dependents including a standard aftercare and community service
program for recovering drug dependents
;i< /esign and develop, 'ointly with the /.D& and in consultation with labor and employer groups as well
as nongovernment organi2ations a drug abuse prevention program in the wor-place that would include a
provision for employee assistance programs for emotionally$stressed employees
;'< 0nitiate and authori2e closure proceedings against non$accredited andCor substandard rehabilitation
centers based on verified reports of human rights violations, subhuman conditions, inade%uate medical
training and assistance and excessive fees for implementation by the P/&#
;-< Prescribe and promulgate rules and regulations governing the establishment of such centers,
networ-s and laboratories as deemed necessary after conducting a feasibility study in coordination with
the /.H and other government agencies
)7
;l< Receive, gather, collect and evaluate all information on the importation, exportation, production,
manufacture, sale, stoc-s, sei2ures of and the estimated need for any dangerous drug andCor controlled
precursor and essential chemical, for which purpose the *oard may re%uire from any official,
instrumentality or agency of the government or any private person or enterprise dealing in, or engaged in
activities having to do with any dangerous drug andCor controlled precursors and essential chemicals such
data or information as it may need to implement this #ct
;m< 3ather and prepare detailed statistics on the importation, exportation, manufacture, stoc-s, sei2ures
of and estimates need for any dangerous drug andCor controlled precursors and essential chemicals and
such other statistical data on said drugs as may be periodically re%uired by the >nited :ations :arcotics
/rug Commission, the 4orld Health .rgani2ation and other international organi2ations in consonance
with the country5s international commitments
;n< /evelop and maintain international networ-ing coordination with international drug control agencies
and organi2ations, and implement the provisions of international conventions and agreements thereon
which have been adopted and approved by the Congress of the Philippines
;o< Re%uire all government and private hospitals, clinics, doctors, dentists and other practitioners to
submit a report to it, in coordination with the P/&#, about all dangerous drugs andCor controlled
precursors and essential chemicals$related cases to which they have attended for statistics and research
purposes
;p< Receive in trust legacies, gifts and donations of real and personal properties of all -inds, to administer
and dispose the same when necessary for the benefit of government and private rehabilitation centers
sub'ect to limitations, directions and instructions from the donors, if any
;%< 0ssue guidelines as to the approval or disapproval of applications for voluntary treatment, rehabilitation
or confinement, wherein it shall issue the necessary guidelines, rules and regulations pertaining to the
application and its enforcement
;r< @ormulate guidelines, in coordination with other government agencies, the importation, distribution,
production, manufacture, compounding, prescription, dispensing and sale of, and other lawful acts in
connection with any dangerous drug, controlled precursors and essential chemicals and other similar or
analogous substances of such -ind and in such %uantity as it may deem necessary according to the
medical and research needs or re%uirements of the country including diet pills containing ephedrine and
other addictive chemicals and determine the %uantity andCor %uality of dangerous drugs and controlled
precursors and essential chemicals to be imported, manufactured and held in stoc- at any given time by
authori2ed importer, manufacturer or distributor of such drugs
;s< /evelop the utili2ation of a controlled delivery scheme in addressing the transshipment of dangerous
drugs into and out of the country to neutrali2e transnational crime syndicates involved in illegal traffic-ing
of any dangerous drugs andCor controlled precursors and essential chemicals
;t< Recommend the revocation of the professional license of any practitioner who is an owner, co$owner,
lessee, or in the employ of the drug establishment, or manager of a partnership, corporation, association,
or any 'uridical entity owning andCor controlling such drug establishment, and who -nowingly participates
in, or consents to, tolerates, or abets the commission of the act of violations as indicated in the preceding
paragraph, all without pre'udice to the criminal prosecution of the person responsible for the said violation
;u< #ppoint such technical, administrative and other personnel as may be necessary for the effective
implementation of this #ct, sub'ect to the Civil Service Daw and its rules and regulations
;v< &stablish a regular and continuing consultation with concerned government agencies and medical
professional organi2ations to determine if balance exists in policies, procedures, rules and regulations on
)8
dangerous drugs and to provide recommendations on how the lawful use of dangerous drugs can be
improved and facilitated and
;w< Submit an annual and periodic reports to the President, the Congress of the Philippines and the
Senate and House of Representatives committees concerned as may be re%uired from time to time, and
perform such other functions as may be authori2ed or re%uired under existing laws and as directed by the
President himselfCherself or as recommended by the congressional committees concerned.
S'()*%+ 8&. Creation of the Philippine "rug *nforce$ent Agency <P"*A=. G "o carry out the provisions of this
#ct, the P/&#, which serves as the implementing arm of the *oard, and shall be responsible for the efficient and
effective law enforcement of all the provisions on any dangerous drug andCor controlled precursor and essential
chemical as provided in this #ct.
"he P/&# shall be headed by a /irector 3eneral with the ran- of >ndersecretary, who shall be responsible for
the general administration and management of the #gency. "he /irector 3eneral of the P/&# shall be appointed
by the President of the Philippines and shall perform such other duties that may be assigned to himCher. HeCshe
must possess ade%uate -nowledge, training and experience in the field of dangerous drugs, and in any of the
following fields, law enforcement, law, medicine, criminology, psychology or social wor-.
"he /irector 3eneral of the P/&# shall be assisted in the performance of hisCher duties and responsibilities by
two ;!< deputies director general with the ran- of #ssistant Secretary one for .perations and the other one for
#dministration. "he two ;!< deputies director general shall li-ewise be appointed by the President of the
Philippines upon recommendation of the *oard. "he two ;!< deputies director general shall possess the same
%ualifications as those of the /irector 3eneral of the P/&#. "he /irector 3eneral and the two ;!< deputies
director general shall receive the compensation and salaries as prescribed by law.
S'()*%+ 83. /rgani&ation of the P"*A. G "he present Secretariat of the :ational /rug Daw &nforcement and
Prevention Coordinating Center as created by &xecutive .rder :o. 61 shall be accordingly modified and
absorbed by the P/&#.
"he /irector 3eneral of the P/&# shall be responsible for the necessary changes in the organi2ational set$up
which shall be submitted to the *oard for approval.
@or purposes of carrying out its duties and powers as provided for in the succeeding Section of this #ct, the P/&#
shall have the following Services, namely, 0ntelligence and 0nvestigation 0nternational Cooperation and @oreign
#ffairs Preventive &ducation and Community 0nvolvement Plans and .perations Compliance Degal and
Prosecution #dministrative and Human Resource @inancial Aanagement Dogistics Aanagement and 0nternal
#ffairs.
"he P/&# shall establish and maintain regional offices in the different regions of the country which shall be
responsible for the implementation of this #ct and the policies, programs, and pro'ects of said agency in their
respective regions.
S'()*%+ 84. Powers and "uties of the P"*A. G "he P/&# shall,
;a< 0mplement or cause the efficient and effective implementation of the national drug control strategy
formulated by the *oard thereby carrying out a national drug campaign program which shall include drug
law enforcement, control and prevention campaign with the assistance of concerned government
agencies
;b< >nderta-e the enforcement of the provisions of #rticle 00 of this #ct relative to the unlawful acts and
penalties involving any dangerous drug andCor controlled precursor and essential chemical and
investigate all violators and other matters involved in the commission of any crime relative to the use,
)9
abuse or traffic-ing of any dangerous drug andCor controlled precursor and essential chemical as provided
for in this #ct and the provisions of Presidential /ecree :o. 1619
;c< #dminister oath, issue subpoena and subpoena duces tecu$ relative to the conduct of investigation
involving the violations of this #ct
;d< #rrest and apprehend as well as search all violators and sei2e or confiscate, the effects or proceeds of
the crimes as provided by law and ta-e custody thereof, for this purpose the prosecutors and enforcement
agents are authori2ed to possess firearms, in accordance with existing laws
;e< "a-e charge and have custody of all dangerous drugs andCor controlled precursors and essential
chemicals sei2ed, confiscated or surrendered to any national, provincial or local law enforcement agency,
if no longer needed for purposes of evidence in court
;f< &stablish forensic laboratories in each P:P office in every province and city in order to facilitate action
on sei2e or confiscated drugs, thereby hastening its destruction without delay
;g< Recommend to the /.+ the forfeiture of properties and other assets of persons andCor corporations
found to be violating the provisions of this #ct and in accordance with the pertinent provisions of the #nti$
Aoney$Daundering #ct of !??1
;h< Prepare for prosecution or cause the filing of appropriate criminal and civil cases for violation of all
laws on dangerous drugs, controlled precursors and essential chemicals, and other similar controlled
substances, and assist, support and coordinate with other government agencies for the proper and
effective prosecution of the same
;i< Aonitor and if warranted by circumstances, in coordination with the Philippine Postal .ffice and the
*ureau of Customs, inspect all air cargo pac-ages, parcels and mails in the central post office, which
appear from the pac-age and address itself to be a possible importation of dangerous drugs andCor
controlled precursors and essential chemicals, through on$line or cyber shops via the internet or
cyberspace
;'< Conduct eradication programs to destroy wild or illegal growth of plants from which dangerous drugs
may be extracted
;-< 0nitiate and underta-e the formation of a nationwide organi2ation which shall coordinate and supervise
all activities against drug abuse in every province, city, municipality and barangay with the active and
direct participation of all such local government units and nongovernmental organi2ations, including the
citi2enry, sub'ect to the provisions of previously formulated programs of action against dangerous drugs
;l< &stablish and maintain a national drug intelligence system in cooperation with law enforcement
agencies, other government agenciesCoffices and local government units that will assist in its
apprehension of big$time drug lords
;m< &stablish and maintain close coordination, cooperation and lin-ages with international drug control
and administration agencies and organi2ations, and implement the applicable provisions of international
conventions and agreements related to dangerous drugs to which the Philippines is a signatory
;n< Create and maintain an efficient special enforcement unit to conduct an investigation, file charges and
transmit evidence to the proper court, wherein members of the said unit shall possess suitable and
ade%uate firearms for their protection in connection with the performance of their duties, Provided, "hat
no previous special permit for such possession shall be re%uired
1?
;o< Re%uire all government and private hospitals, clinics, doctors, dentists and other practitioners to
submit a report to it, in coordination with the *oard, about all dangerous drugs andCor controlled
precursors and essential chemicals which they have attended to for data and information purposes
;p< Coordinate with the *oard for the facilitation of the issuance of necessary guidelines, rules and
regulations for the proper implementation of this #ct
;%< 0nitiate and underta-e a national campaign for drug prevention and drug control programs, where it
may enlist the assistance of any department, bureau, office, agency or instrumentality of the government,
including government$owned and or Gcontrolled corporations, in the anti$illegal drugs drive, which may
include the use of their respective personnel, facilities, and resources for a more resolute detection and
investigation of drug$related crimes and prosecution of the drug traffic-ers and
;r< Submit an annual and periodic reports to the *oard as may be re%uired from time to time, and perform
such other functions as may be authori2ed or re%uired under existing laws and as directed by the
President himselfCherself or as recommended by the congressional committees concerned.
S'()*%+ 8,. he P"*A Acade$y. G >pon the approval of the *oard, the P/&# #cademy shall be established
either in *aguio or "agaytay City, and in such other places as may be necessary. "he P/&# #cademy shall be
responsible in the recruitment and training of all P/&# agents and personnel. "he *oard shall provide for the
%ualifications and re%uirements of its recruits who must be at least twenty$one ;!1< years old, of proven integrity
and honesty and a *accalaureate degree holder.
"he graduates of the #cademy shall later comprise the operating units of the P/&# after the termination of the
transition period of five ;(< years during which all the intelligence networ- and standard operating procedures of
the P/&# has been set up and operationali2ed.
"he #cademy shall be headed by a Superintendent, with the ran- of /irector. HeCshe shall be appointed by the
P/&# /irector 3eneral.
S'()*%+ 86. ransfer% Absorption% and (ntegration of All /perating 1nits on (llegal "rugs into the P"*A and
ransitory Provisions. G "he :arcotics 3roup of the P:P, the :arcotics /ivision of the :*0 and the Customs
:arcotics 0nterdiction >nit are hereby abolished however they shall continue with the performance of their tas- as
detail service with the P/&#, sub'ect to screening, until such time that the organi2ational structure of the #gency
is fully operational and the number of graduates of the P/&# #cademy is sufficient to do the tas-
themselves,Provided, "hat such personnel who are affected shall have the option of either being integrated into
the P/&# or remain with their original mother agencies and shall, thereafter, be immediately reassigned to other
units therein by the head of such agencies. Such personnel who are transferred, absorbed and integrated in the
P/&# shall be extended appointments to positions similar in ran-, salary, and other emoluments and privileges
granted to their respective positions in their original mother agencies.
"he transfer, absorption and integration of the different offices and units provided for in this Section shall ta-e
effect within eighteen ;18< months from the effectivity of this #ct, Provided, "hat personnel absorbed and on detail
service shall be given until five ;(< years to finally decide to 'oin the P/&#.
:othing in this #ct shall mean a diminution of the investigative powers of the :*0 and the P:P on all other crimes
as provided for in their respective organic laws, Provided% however, "hat when the investigation being conducted
by the :*0, P:P or any ad hoc anti$drug tas- force is found to be a violation of any of the provisions of this #ct,
the P/&# shall be the lead agency. "he :*0, P:P or any of the tas- force shall immediately transfer the same to
the P/&#, Provided% further, "hat the :*0, P:P and the *ureau of Customs shall maintain close coordination with
the P/&# on all drug related matters.
ARTICLE @
11
A44/%4/*7)*%+0, M7+7.'9'+) %1 F6+:0 7+: A++673 R'4%/)
S'()*%+ 8". Appropriations. G "he amount necessary for the operation of the *oard and the P/&# shall be
charged against the current year5s appropriations of the *oard, the :ational /rug Daw &nforcement and
Prevention Coordinating Center, the :arcotics 3roup of the P:P, the :arcotics /ivision of the :*0 and other drug
abuse units of the different law enforcement agencies integrated into the P/&# in order to carry out the provisions
of this #ct. "hereafter, such sums as may be necessary for the continued implementation of this #ct shall be
included in the annual 3eneral #ppropriations #ct.
#ll receipts derived from fines, fees and other income authori2ed and imposed in this #ct, including ten percent
;1?J< of all unclaimed and forfeited sweepsta-es and lotto pri2es but not less than twelve million pesos
;P1!,???,???.??< per year from the Philippine Charity Sweepsta-es .ffice ;PCS.<, are hereby constituted as a
special account in the general fund for the implementation of this #ct, Provided, "hat no amount shall be
disbursed to cover the operating expenses of the *oard and other concerned agencies, Provided% further, "hat at
least fifty percent ;(?J< of all the funds shall be reserved for assistance to government$owned andCor operated
rehabilitation centers.
"he fines shall be remitted to the *oard by the court imposing such fines within thirty ;)?< days from the finality of
its decisions or orders. "he unclaimed and forfeited pri2es shall be turned over to the *oard by the PCS. within
thirty ;)?< days after these are collected and declared forfeited.
# portion of the funds generated by the Philippine #musement and 3aming Corporation ;P#3C.R< in the amount
of @ive million pesos ;P(,???,???.??< a month shall be set aside for the purpose of establishing ade%uate drug
rehabilitation centers in the country and also for the maintenance and operations of such centers, Provided, "hat
the said amount shall be ta-en from the fifty percent ;(?J< share of the :ational 3overnment in the income of
P#3C.R, Provided, further, "hat the said amount shall automatically be remitted by P#3C.R to the *oard. "he
amount shall, in turn, be disbursed by the /angerous /rugs *oard, sub'ect to the rules and regulations of the
Commission on #udit ;C.#<.
"he fund may be augmented by grants, donations, and endowment from various sources, domestic or foreign, for
purposes related to their functions, sub'ect to the existing guidelines set by the government.
S'()*%+ 88. ,anage$ent of 3unds 1nder this Act; Annual Report by the Board and the P"*A. G "he *oard shall
manage the funds as it may deem proper for the attainment of the ob'ectives of this #ct. 0n addition to the periodic
reports as may be re%uired under this #ct, the Chairman of the *oard shall submit to the President of the
Philippines and to the presiding officers of both houses of Congress, within fifteen ;1(< days from the opening of
the regular session, an annual report on the dangerous drugs situation in the country which shall include detailed
account of the programs and pro'ects underta-en, statistics on crimes related to dangerous drugs, expenses
incurred pursuant to the provisions of this #ct, recommended remedial legislation, if needed, and such other
relevant facts as it may deem proper to cite.
S'()*%+ 89. Auditing the Accounts and *8penses of the Board and the P"*A. G #ll accounts and expenses of the
*oard and the P/&# shall be audited by the C.# or its duly authori2ed representative.
ARTICLE @I
86/*0:*()*%+ O>'/ D7+.'/%60 D/6.0 C70'0
S'()*%+ 90. 7urisdiction. G "he Supreme Court shall designate special courts from among the existing Regional
"rial Courts in each 'udicial region to exclusively try and hear cases involving violations of this #ct. "he number of
courts designated in each 'udicial region shall be based on the population and the number of cases pending in
their respective 'urisdiction.
1!
"he /.+ shall designate special prosecutors to exclusively handle cases involving violations of this #ct.
"he preliminary investigation of cases filed under this #ct shall be terminated within a period of thirty ;)?< days
from the date of their filing.
4hen the preliminary investigation is conducted by a public prosecutor and a probable cause is established, the
corresponding information shall be filed in court within twenty$four ;!1< hours from the termination of the
investigation. 0f the preliminary investigation is conducted by a 'udge and a probable cause is found to exist, the
corresponding information shall be filed by the proper prosecutor within forty$eight ;18< hours from the date of
receipt of the records of the case.
"rial of the case under this Section shall be finished by the court not later than sixty ;6?< days from the date of the
filing of the information. /ecision on said cases shall be rendered within a period of fifteen ;1(< days from the date
of submission of the case for resolution.
S'()*%+ 91. Responsibility and #iability of #aw *nforce$ent Agencies and other 0overn$ent /fficials and
*$ployees in estifying as Prosecution 9itnesses in "angerous "rugs Cases. G #ny member of law enforcement
agencies or any other government official and employee who, after due notice, fails or refuses intentionally or
negligently, to appear as a witness for the prosecution in any proceedings, involving violations of this #ct, without
any valid reason, shall be punished with imprisonment of not less than twelve ;1!< years and one ;1< day to
twenty ;!?< years and a fine of not less than @ive hundred thousand pesos ;P(??,???.??<, in addition to the
administrative liability heCshe may be meted out by hisCher immediate superior andCor appropriate body.
"he immediate superior of the member of the law enforcement agency or any other government employee
mentioned in the preceding paragraph shall be penali2ed with imprisonment of not less than two ;!< months and
one ;1< day but not more than six ;6< years and a fine of not less than "en thousand pesos ;P1?,???.??< but not
more than @ifty thousand pesos ;P(?,???.??< and in addition, perpetual absolute dis%ualification from public office
if despite due notice to them and to the witness concerned, the former does not exert reasonable effort to present
the latter to the court.
"he member of the law enforcement agency or any other government employee mentioned in the preceding
paragraphs shall not be transferred or re$assigned to any other government office located in another territorial
'urisdiction during the pendency of the case in court. However, the concerned member of the law enforcement
agency or government employee may be transferred or re$assigned for compelling reasons, Provided, "hat
hisCher immediate superior shall notify the court where the case is pending of the order to transfer or re$assign,
within twenty$four ;!1< hours from its approval Provided% further% "hat hisCher immediate superior shall be
penali2ed with imprisonment of not less than two ;!< months and one ;1< day but not more than six ;6< years and
a fine of not less than "en thousand pesos ;P1?,???.??< but not more than @ifty thousand pesos ;P(?,???.??<
and in addition, perpetual absolute dis%ualification from public office, should heCshe fail to notify the court of such
order to transfer or re$assign.
Prosecution and punishment under this Section shall be without pre'udice to any liability for violation of any
existing law.
S'()*%+ 9&. "elay and Bungling in the Prosecution of "rug Cases. G #ny government officer or employee tas-ed
with the prosecution of drug$related cases under this act, who, through patent laxity, inexcusable neglect,
unreasonable delay or deliberately causes the unsuccessful prosecution andCor dismissal of the said drug cases,
shall suffer the penalty of imprisonment ranging from twelve ;1!< years and one ;1< day to twenty ;!?< years
without pre'udice to hisCher prosecution under the pertinent provisions of the Revised Penal Code.
S'()*%+ 93. Reclassification% Addition or Re$oval of Any "rug fro$ the #ist of "angerous "rugs. G "he *oard
shall have the power to reclassify, add to or remove from the list of dangerous drugs. Proceedings to reclassify,
add, or remove a drug or other substance may be initiated by the P/&#, the /.H, or by petition from any
interested party, including the manufacturer of a drug, a medical society or association, a pharmacy association, a
1)
public interest group concerned with drug abuse, a national or local government agency, or an individual citi2en.
4hen a petition is received by the *oard, it shall immediately begin its own investigation of the drug. "he P/&#
also may begin an investigation of a drug at any time based upon the information received from law enforcement
laboratories, national and local law enforcement and regulatory agencies, or other sources of information.
"he *oard after notice and hearing shall consider the following factors with respect to each substance proposed
to be reclassified, added or removed from control,
;a< 0ts actual or relative potential for abuse
;b< Scientific evidence of its pharmacological effect if -nown
;c< "he state of current scientific -nowledge regarding the drug or other substance
;d< 0ts history and current pattern of abuse
;e< "he scope, duration, and significance of abuse
;f< Ris- to public health and
;g< 4hether the substance is an immediate precursor of a substance already controlled under this #ct.
"he *oard shall also ta-e into accord the obligations and commitments to international treaties, conventions and
agreements to which the Philippines is a signatory.
"he /angerous /rugs *oard shall give notice to the general public of the public hearing of the reclassification,
addition to or removal from the list of any drug by publishing such notice in any newspaper of general circulation
once a wee- for two ;!< wee-s.
"he effect of such reclassification, addition or removal shall be as follows,
;a< 0n case a dangerous drug is reclassified as precursors and essential chemicals, the penalties for the
violations of this #ct involving the two latter categories of drugs shall, in case of conviction, be imposed in
all pending criminal prosecutions
;b< 0n case a precursors and essential chemicals is reclassified as dangerous drug, the penalties for
violations of the #ct involving precursors and essential chemicals shall, in case of conviction, be imposed
in all pending criminal prosecutions
;c< 0n case of the addition of a new drug to the list of dangerous drugs and precursors and essential
chemicals, no criminal liability involving the same under this #ct shall arise until after the lapse of fifteen
;1(< days from the last publication of such notice
;d< 0n case of removal of a drug from the list of dangerous drugs and precursors and essential chemicals,
all persons convicted andCor detained for the use andCor possession of such a drug shall be automatically
released and all pending criminal prosecution involving such a drug under this #ct shall forthwith be
dismissed and
;e< "he *oard shall, within five ;(< days from the date of its promulgation submit to Congress a detailed
reclassification, addition, or removal of any drug from the list of dangerous drugs.
ARTICLE @II
11
I943'9'+)*+. R63'0 7+: R'.637)*%+0
S'()*%+ 94. ($ple$enting Rules and Regulations. G "he present *oard in consultation with the /.H, /0D3, /.+,
/ep&d, /S4/, /.D&, P:P, :*0, P#3C.R and the PCS. and all other concerned government agencies shall
promulgate within sixty ;6?< days the 0mplementing Rules and Regulations that shall be necessary to implement
the provisions of this #ct.
ARTICLE @III
F*+73 P/%>*0*%+0
S'()*%+ 9,. Congressional /versight Co$$ittee. G "here is hereby created a Congressional .versight
Committee composed of seven ;7< Aembers from the Senate and seven ;7< Aembers from the House of
Representatives. "he Aembers from the Senate shall be appointed by the Senate President based on the
proportional representation of the parties or coalitions therein with at least two ;!< Senators representing the
Ainority. "he Aembers from the House of Representatives shall be appointed by the Spea-er, also based on
proportional representation of the parties or coalitions therein with at least two ;!< Aembers representing the
Ainority.
"he Committee shall be headed by the respective Chairpersons of the Senate Committee on Public .rder and
0llegal /rugs and the House of Representatives Committee on /angerous /rugs.
S'()*%+ 96. Powers and 3unctions of the /versight Co$$ittee. G "he .versight Committee on /angerous /rugs
shall, in aid of legislation, perform the following functions, among others,
;a< "o set the guidelines and overall framewor- to monitor and ensure the proper implementation of this
#ct
;b< "o ensure transparency and re%uire the submission of reports from government agencies concerned
on the conduct of programs, pro'ects and policies relating to the implementation of this act
;c< "o approve the budget for the programs of the .versight Committee on /angerous /rugs and all
disbursements therefrom, including compensation of all personnel
;d< "o submit periodic reports to the President of the Philippines and Congress on the implementation of
the provisions of this #ct
;e< "o determine inherent wea-nesses in the law and recommend the necessary remedial legislation or
executive measures and
;f< "o perform such other duties, functions and responsibilities as may be necessary to effectively attain
the ob'ectives of this #ct.
S'()*%+ 9". Adoption of Co$$ittee Rules and Regulations% and 3unding. G "he .versight Committee on
/angerous /rugs shall adopt its internal rules of procedure, conduct hearings and receive testimonies, reports,
and technical advice, invite or summon by subpoena ad testificandu$ any public official, private citi2en, or any
other person to testify before it, or re%uire any person by subpoena duces tecu$ documents or other materials as
it may re%uire consistent with the provisions of this #ct.
"he .versight Committee on /angerous /rugs shall be assisted by a secretariat to be composed by personnel
who may be seconded from the Senate and the House of Representatives and may retain consultants.
1(
"o carry out the powers and functions of the .versight Committee on /angerous /rugs, the initial sum of "wenty$
five million pesos ;P!(,???,???.??< shall be charged against the current appropriations of the Senate. "hereafter,
such amount necessary for its continued operations shall be included in the annual 3eneral #ppropriations #ct.
"he .versight Committee on /angerous /rugs shall exist for a period of ten ;1?< years from the effectivity of this
#ct and may be extended by a 'oint concurrent resolution.
S'()*%+ 98. #i$ited Applicability of the Revised Penal Code. G :otwithstanding any law, rule or regulation to the
contrary, the provisions of the Revised Penal Code ;#ct :o. )811<, as amended, shall not apply to the provisions
of this #ct, except in the case of minor offenders. 4here the offender is a minor, the penalty for acts punishable
by life imprisonment to death provided herein shall be reclusion perpetua to death.
S'()*%+ 99. Separability Clause. G 0f for any reason any section or provision of this #ct, or any portion thereof, or
the application of such section, provision or portion thereof to any person, group or circumstance is declared
invalid or unconstitutional, the remainder of this #ct shall not be affected by such declaration and shall remain in
force and effect.
S'()*%+ 100. Repealing Clause. G Republic #ct :o. 61!(, as amended, is hereby repealed and all other laws,
administrative orders, rules and regulations, or parts thereof inconsistent with the provisions of this #ct, are
hereby repealed or modified accordingly.
S'()*%+ 101. A$ending Clause. G Republic #ct :o. 76(9 is hereby amended accordingly.
S'()*%+ 10&. *ffectivity. G "his #ct shall ta-e effect fifteen ;1(< days upon its publication in at least two ;!<
national newspapers of general circulation.
#pproved,
;Sgd< ;Sgd<
FRAN!LIN M. DRILON
President of the Senate
8OSE DE VENECIA, 8R.
Spea-er of the House of Representatives
"his #ct which is a consolidation of Senate *ill :o. 18(8 and House *ill :o. 11)) was finally passed by the
Senate and the House of Representatives on Aay )?, !??! and Aay !9, !??!, respectively.
;Sgd< ;Sgd<
OSCAR G. YABES
Secretary of the Senate
ROBERTO P. NA-ARENO
Secretary 3eneral
House of Representatives
#pproved, +anuary !), !??!
;Sgd<
GLORIA MACAPAGAL#ARROYO
16
President of the Philippines
ANNE@
1988 UNITED NATIONS CONVENTION AGAINST ILLICIT TRAFFIC IN NARCOTIC DRUGS AND
PSYCHOTROPIC SUBSTANCES
D0S" .@ S>*S"#:C&S 0: "#*D& 0
1. #C&"0C #:HF/R0/&
!. :$#C&"FD#:"HR#:0D0C #C0/
). &PH&/R0:&
1. &R3.A&"R0:&
(. &R3."#A0:&
6. 0S.S#@R.D&
7. DFS&R30C #C0/
8. ), 1$A&"HFD&:&/0.HFPH&:FD$! PR.P#:.:&
9. :.R&PH&/R0:&
1?. 1$PH&:FD$!$PR.P#:.:&
11. P0P&R.:#D
1!. P."#SS0>A P&RA#:3#:#"&
1). PS&>/.&PH&/R0:&
11. S#@R.D&
"H& S#D"S .@ "H& S>*S"#:C&S D0S"&/ 0: "H0S "#*D& 4H&:&E&R "H& &H0S"&:C& .@ S>CH S#D"S
0S P.SS0*D&.
D0S" .@ S>*S"#:C&S 0: "#*D& 00
1. #C&".:&
!. #:"HR#:0D0C #C0/
). &"HFD &"H&R
1. HF/R.CHD.R0C #C0/
(. A&"HFD &"HFD K&".:&
6. PH&:FD#C&"0C #C0/
7. P0P&R0/0:&
8. S>DPH>R0C #C0/
9. ".D>&:&
"H& S#D"S .@ "H& S>*S"#:C&S D0S"&/ 0: "H0S "#*D& 4H&:&E&R "H& &H0S"&:C& .@ S>CH S#D"S
0S P.SS0*D& ;"H& S#D"S .@ HF/R.CHD.R0C #C0/ #:/ S>DPH>R0C #C0/ #R& SP&C0@0C#DDF
&HCD>/&/<
1961 UNITED NATIONS SINGLE CONVENTION ON NARCOTIC DRUGS AS AMENDED BY THE 19"&
PROTOCOL
D0S" .@ /R>3S 0:CD>/&/ 0: SCH&/>D& 0
1. #cetorphine
!. #cetyl$alpha$methylfentanyl
). #cetylmethadol
1. #lfentanil
17
(. #llylprodine
6. #lphacetylmethadol
7. #lphameprodine
8. #lphamethadol
9. Alpha$methylfentanyl
1?. Alpha$methylthiofentanyl
11. #lphaprodine
1!. #nileridine
1). *en2ethidine
11. *en2ylmorphine
1(. *etacetylmethadol
16. Beta+hydroxyfentanyl
17. Beta+hydroxy$)$methylfentanyl
18. *etameprodine
19. *etamethadol
!?. *etaprodine
!1. *e2itramide
!!. Cannabis and Cannabis resin and extracts and tinctures of cannabis
!). Clonita2ene
!1. Coca leaf
!(. Cocaine
!6. Codoxime
!7. Concentrate of poppy straw
!8. /esomorphine
!9. /extromoramide
)?. /iampromide
)1. /iethylthiambutene
)!. /ifenoxin
)). /ihydroetorphine
)1. /ihydromorphine
)(. /ihydromorphine
L
)6. /imenoxadol
)7. /imepheptanol
)8. /imethylthiambutene
)9. /ioxaphetyl butyrate
1?. /iphenoxylate
11. /ipipanone
1!. /rotebanol
1). &cgonine
11. &thylmethylthiambutene
1(. &tonita2ene
16. &torphine
17. &toxeridine
18. @entanyl
19. @urethidine
(?. Heroin
(1. Hydrocodone
(!. Hydromorphinol
(). Hydromorphone
(1. Hydroxypethidine
((. 0somethadone
(6. Ketobemidone
(7. Devomethorphan
(8. Devomoramide
(9. Devophenacylmorphan
6?. Devorphanol
18
61. Aeta2ocine
6!. Aethadone
6). Aethadone 0ntermediate
61. Aethyldesorphine
6(. Aethyldihydromorphine
66. )$methylfentanyl
67. )$methylthiofentanyl
68. Aetopon
69. Aoramide intermediate
7?. Aorpheridine
71. Aorphine
7!. Aorphine methobromide
7). Aorphine$5$oxide
71. APPP
7(. Ayrophine
76. :icomorphine
77. :oracymethadol
78. :orlevorphanol
79. :ormethadone
8?. :ormorphine
81. :orpipanone
8!. .pium
8). .xycodone
81. .xymorphone
8(. Para$fluorofentanyl
86. P&P#P
87. Pethidine
88. Pethidine intermediate #
89. Pethidine intermediate *
9?. Pethidine intermediate C
91. Phenadoxone
9!. Phenampromide
9). Phena2ocine
91. Phenomorphan
9(. Phenoperidine
96. Piminodine
97. Piritramide
98. Prohepta2ine
99. Properidine
1??. Racemethorphan
1?1. Racemoramide
1?!. Racemorphan
1?). Remifentanil
1?1. Sufentanil
1?(. "hebacon
1?6. "hebaine
1?7. "hiofentanyl
1?8. "ilidine
1?9. "rimeperidine
$$$$$
L
/extromethorphan ;M<$)$methoxy$:$methylmorphinan and dextrorphan ;M<$)$hydroxy$:$methylmorphinan are
isomers specifically excluded from this Schedule.
19
#:/ the isomers, unless specifically excepted, of the drugs in this Schedule whenever the existence of such
isomers is possible within the specific chemical designation
"he esters and ethers, unless appearing in another Schedule, of the drugs in this Schedule whenever the
existence of such esters or ethers is possible
"he salts of the drugs listed in this Schedule, including the salts of esters, ethers and isomers as provided above
whenever the existence of such salts is possible.
D0S" .@ /R>3S 0:CD>/&/ 0: SCH&/>D& 00
1. #cetyldihydrocodeine
!. Codeine
). /extropropoxyphene
1. /ihydrocodeine
(. &thylmorphine
6. :icocodine
7. :icodicodine
8. :orcodeine
9. Pholcodine
1?. Propiram
#nd the isomers, unless specifically excepted, of the drugs in this Schedule whenever the existence of such
isomers is possible within the specific chemical designation.
"he salts of the drugs listed in this Schedule, including the salts of the isomers as provided above whenever the
existence of such salts is possible.
D0S" .@ /R>3S 0:CD>/&/ 0: SCH&/>D& 000
1. Preparations of , #cetyldihydrocodeine,
Codeine,
/ihydrocodeine,
&thylmorphine,
:icocodine,
:icodicodine,
:orcodeine and
Pholcodine
4hen compounded with one or more other ingredients and
containing not more than milligrams of the drug per dosage unit and
with a concentration of not more than !.( per cent in undivided
preparations.
!. Preparations of , Propiram containing not more than 1?? milligrams of propiram per
dosage unit and compounded with at least the same amount of
Aethylcellulose.
). Preparations of , /extropropoxyphene for oral use containing not more than 1)(
milligrams of dextropropoxyphene base per dosage unit or with a
concentration of not more than !.( per cent in undivided
preparations, provided that such preparations do not contain any
substance controlled under the Convention on Psychotropic
Substances of 1971.
(?
1. Preparations of ,
Preparations of,
Cocaine containing not more than ?.1 per cent of cocaine
calculated as cocaine base and
.pium or morphine containing not more than ?.! per cent of
morphine calculated as anhydrous morphine base and
compounded with one or more other ingredients and in such a way
that the drug cannot be recovered by readily applicable means or in
a yield that would constitute a ris- to public health.
(. Preparations of , /ifenoxin containing, per dosage unit, not more than ?.( milligrams
of difenoxin and a %uantity of atropine sulfate e%uivalent to at least
( per cent of the dose of difenoxin.
6. Preparations of , /iphenoxylate containing per dosage unit, not more than !.(
milligrams diphenoxylate calculated as base and a %uantity of
atropine sulfate e%uivalent to at least 1 per cent of the dose of
diphenoxylate.
7. Preparations of , Pulvis ipecacuanhae et opii co$positus
1? per cent opium in powder
1? per cent ipecacuanha root, in powder well mixed with
8? per cent of any other powdered ingredient containing no
drug.
8. Preparations conforming to any of the formulas listed in this Schedule and mixtures such
preparations with any material which contains no drug.
D0S" .@ /R>3S 0:CD>/&/ 0: SCH&/>D& 0E
1. #cetorphine
!. #cetyl$alpha$methylfentanyl
). Alpha+methylfentanyl
1. Alpha+methylthiofentanyl
(. Beta+hydroxy$)$methylfentanyl
6. Beta+hydroxyfentanyl
7. Cannabis and Cannabis resin
8. /esomorphine
9. &torphine
1?. Heroin
11. Ketobemidone
1!. )$methylfentanyl
1). )$methylthiofentanyl
11. APPP
1(. Para$fluorofentanyl
16. P&P#P
17. "hiofentanyl
#:/ the salts of the drugs listed in this Schedule whenever the formation of such salts is possible
19"1 UNITED NATIONS SINGLE CONVENTION ON PSYCHOTROPIC SUBSTANCES
D0S" .@ S>*S"#:C&S 0: SCH&/>D& 0
*R.D#A@&"#A0:& ;/.*< ;N<$1$*romo$!,($dimethoxy$a+$ethylphenethyla$ine
(1
"i$etho8ybro$oa$pheta$ine
C#"H0:.:& ;$<$;S<$!$#minopropiophenone
/&" )$O!$;/iethylamino<ethyl<indole<
/A# ;N<$!,($/0A&"H.HF$a$methylphenethylamine
!,( /imethoxyamphetamine
/APH )$;1,!$/imethylhepty<$7,8,9,$1?$tetrahydro$6,6,9$trimethyl$
6H+diben2oOb%dPpyran$1$ol
/A" )$O!$;/imethylamino<ethylPindole
/.&" ;N<$1$&thyl$!,($dimethoxy$a$phorethylamine
!,($/imethoxy$1$ethylamphetamine
&"0CFCD0/0:& ;PC&< 5$&thyl$1$phenylcyclohexylamine
&"RFP#A0:& )$;!$#minobutyl<indole
;M<$DFS&R30/& ;DS/, DS/$
!(<
9,1?$/idehydro$5%5$diethyl$6$methylergoline$8b$
carboxamide
A/# ;M<+5, a$/imethyl$),1$;methylene$dioxy<phenethylamine
),1$Aethylenedioxymethamphetamine
A&SC#D0:& ),1,($"rimethoxyphenethylamine
A&"HC#"H0:.:& !$;Aethylamino<$1$phenylpropan$1$one
1$A&"HFD#A0:.R&H ;M<$cis$!$#mino$1$methyl$($phenyl$!$oxa2oline
AA/# !$Aethoxy$a$methyl$1,($;methylenedioxy<phenethylamine
($Aethoxy$),1$methylenedioxyamphetamine
:$&"HFD A/# ;M<$:$&thyl$a+methyl$),1;methylenedioxy<phenethylamine
)$1$Aethylenedioxy$:$ethylamphetamine
:$HF/R.HF A/# ;M<$:$Oa$Aethyl$),1$;methylenedioxy<phenethylP$
hydroxylamine
P#R#H&HFD )$Hexyl$7,8,9,1?$tetrahydro$6,6,$9$trimethyl$>H$
diben2oOb%dPpyran$1$ol
PA# p$Aethoxy$a$methylphenethylamine
Paramethoxyamphetamine
PS0D.C0:&, PS0D."S0: )$O!$;/imethylamino<ethylPindol$1$ol
PS0D.CF*0:& )$O!$;/imethylamino<ethylPindol$1$yl
dihydrogen phosphate
R.D0CFCD0/0:& ;PHP,
PCPF<
1$;1$Phenylcyclohexyl<pyrrolidine
S"P, /.A !,($/imethoxy$a,1$dimethylphenethylamine
(!
"&:#A@&"#A0:& ;A/#< a$Aethyl$),1$;methylenedioxy<phenethylamine
Aethylenedioxyamphetamine
"&:.CFCD0/0:& ;"CP< 1$O1$;!$"hienyl<cyclohexylPpiperridine
"&"R#HF/R.C#::#*0:.D $ the following isomers and their stereochemical variants,
7,8,9,1?$"etrahydro$6,6,9$trimethyl$)$
pentyl$>H$diben2oOb%dPpyran$1$ol
;9R%1?aR<$8,9,1?,1?a$"etrahydro$6,6,9$
trimethyl$)$pentyl$>H$diben2oOb%dPpyran$1$
ol
;6aR,9R,1?aR<$6a,9,1?,1?a$"etrahydro$
6,6,9$trimethyl$)$pentyl$>H$
diben2oOb%dPpyran$1$ol
;6aR,1?aR<$6a,7,1?,1?a$"etrahydro$6,6,9$
trimethyl$)$pentyl$>H$diben2oOb%dPpyran$1$
ol
;6a,7,8,9$"etrahydro$6,6,9$trimethyl$)$
pentyl$>H$diben2oOb%dPpyran$1$ol
;6aR,1?aR<+6a,7,8,9,1?,1?a$Hexahydro$
6,6,dimethyl$9$methylene$)$pentyl$>H$
/iben2oOb%dPpyran$1$ol
"A# ;N<$),1,($"rimethoxy$a G methylphenethylamine
),1,($"rimethoxyamphetamine
1$A0#$;a$methyl$1$methylthiophenethylamine<
"he stereoisomers, unless specifically excepted, of substances in this Schedule, whenever the existence of such
stereouQisomers is possible within the specific chemical designation.
D0S" .@ S>*S"#:C&S 0: SCH&/>D& 00
1. #A@&"#A0:& ;#APH&"#A0:&<
!. /&H#A@&"#A0:& ;/&H#APH&"#A0:&<
). @&:&"FDD0:&
1. D&E#A@&"#A0:& ;D&E#APH&"#A0:&<
(. D&E.A&"H#APH&"#A0:&
6. A&CD.I>#D.:&
7. A&"#A@&"#A0:& ;A&"H#APH&"#A0:&<
8. A&"H#APH&"#A0:& R#C&A#"&
9. A&"H#I>#D.:&
1?. A&"HFDPH&:0/#"&
11. PH&:CFCD0/0:& ;PCP<
1!. PH&:A&"R#R0:&
1). S&C.*#R*0"#D
()
11. /R.:#*0:.D ;delta$9$tetrahydro$cannabinol and its stereochemical variants<
1(. R0P&PR.D
16. !C$*;1$bromo$!,($dimethoxyphenethylamine<
D0S" .@ S>*S"#:C&S 0: SCH&/>D& 000
1. #A.*#R*0"#D
!. *>PR&:.RPH0:&
). *>"#D*0"#D
1. C#"H0:& ;M<$norpseudo$ephedrine
(. CFCD.*#R*0"#D
6. @D>:0"R#R&P#A
7. 3D>"&"H0A0/&
8. P&:"#R.C0:&
9. P&:".*#R*0"#D
Substances in Schedule (-
1. ALLOBARBITAL
&. ALPRA-OLAM
3. AMFEPRAMONE 4. AMINORE@
,. BARBITAL
6. BEN-FETAMINEA?'+B42')79*+'C
". BROMA-EPAM
8. B6)%?7/?*)73
9. BROTI-OLAM
10. CAMA-EPAM
11. CHLORDIA-EPO@IDE
1&. CLOBA-AM
13. CLONA-EPAM
14. CLORA-EPATE
1,. CLOTIA-EPAM
16. CLO@A-OLAM
1". DELORA-EPAM
18. DIA-EPAM
19. ESTA-OLAM
&0. ETHCHLORVYNOL
&1. ETHINAMATE
&&. ETHYL LOFLA-EPATE
&3. ETILAMFETAMINEAN#')2<3794')79*+'C
&4. FENCAMFAMIN
&,. FENPROPORE@
&6. FLUDIA-EPAM
&". FLURA-EPAM
&8. HALA-EPAM
&9. HALO@A-OLAM
30. !ETA-OLAM
31. LEFETAMINEASPAC
3&. LOPRA-OLAM
33. LORA-EPAM
34. LORMETA-EPAM
3,. MA-INDOL
36. MEDA-EPAM
3". MEFENORE@
38. MEPROBAMATE
(1
39. MESOCARB
40. METHYLPHENOBARBITAL
41. METHYPRYLON
4&. MIDA-OLAM
43. NIMETA-EPAM
44. NITRA-EPAM
4,. NORDA-EPAM
46. O@A-EPAM
4". O@A-OLAM
48. PEMOLINE
49. PHENDIMETRA-INE
,0. PHENOBARBITAL
,1. PHENTERMINE
,&. PINA-EPAM
,3. PIPRADROL
,4. PRA-EPAM
,,. PYROVALERONE
,6. SECBUTABARBITAL
,". TEMA-EPAM
,8. TETRA-EPAM
,9. TRIA-OLAM
60. VINYLBITAL GHB AG7997#H<:/%D<?6/*( 7(*:C
61. -%34*:'9

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ACT NO. 4103

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