REPUBLIC ACT No.

3720
AN ACT TO ENSURE THE SAFETY AND PURITY OF FOODS, DRUGS, AND COSMETICS BEING MADE
AVAILABLE TO THE PUBLIC BY CREATING THE FOOD AND DRUG ADMINISTRATION WHICH SHALL
ADMINISTER AND ENFORCE THE LAWS PERTAINING THERETO.
CHAPTER I
Title
Section 1. This Act shall be known as the "Food, Drug, and Cosmetic Act."
CHAPTER II
Declaration of Policy
Section 2. It is hereby declared the policy of the State to insure safe and good quality supply of food, drug and cosmetic, and
to regulate the production, sale, and traffic of the same to protect the health of the people.
Section 3. In the implementation of the foregoing policy, the Government shall in accordance with the provisions of this
Act:
(a) Establish standards and quality measures for food, drug, and cosmetic.
(b) Adopt measures to insure pure and safe supply of food, drug, and cosmetic in the country.
CHAPTER III
Creation of the Food and Drug Administration
Section 4. To carry out the provisions of this Act, there is hereby created an office to be called the Food and Drug
Administration in the Department of Health. Said Administration shall be under the Office of the Secretary and shall have
the following functions, powers and duties:
(a) To administer and supervise the implementation of this Act and of the rules and regulations issued
pursuant to the same.

(b) To provide for the collection of samples of food, drug and cosmetic.
(c) To analyze and inspect food, drug and cosmetic in connection with the implementation of this Act.
(d) To establish analytical data to serve as basis for the preparation of food, drug and cosmetic standards, and
to recommend standards of identity, purity, quality and fill of container.
(e) To issue certificate of compliance with technical requirements to serve as basis for the issuance of license
and spot-check for compliance with regulations regarding operation of food, drug and cosmetic
manufacturers and establishments.
(f) To levy, assess and collect fees for inspection, analysis and testing of products and materials submitted in
compliance with the provisions of this Act.
(g) To certify batches of anti-biotic and anti-biotic preparations in compliance with the provisions of this Act.
Section 5. The Food and Drug Administration shall have the following Divisions:
(a) Inspection and Licensing Division, which shall have charge of the inspection of food, drug, and cosmetic
establishments engaged in their manufacture and sale.
(b) Laboratory Division, which shall conduct all the tests, analyses and trials of products covered by this Act.
Section 6. The Food and Drug Administration shall have a Food and Drug Administrator who shall be appointed by the
Secretary of Health subject to the Civil Service rules and regulations. The compensation of said official shall be determined
by the Secretary of Health.
Section 7. The Secretary of Health shall provide for the additional personnel needed to carry out the functions and duties of
the Food and Drug Administration.
Section 8. The powers, functions and duties of the Division of Food and Drug Testing of the Bureau of Research and
Laboratories and the Board of Food Inspection, all personnel in the Bureau of Health Services who are engaged in food and
drug control work, together with all their equipment, supplies, records, files, personnel and balance of appropriations are
transferred to the Food and Drug Administration.
CHAPTER IV

Board of Food and Drug Inspection

Section 9. The Board of Food Inspection is hereby converted into the Board of Food and Drug Inspection which shall
consist of:
(a) A representative of the Department of Health to be designated by the Secretary of Health, as Chairman;
(b) A representative of the Department of Agriculture and Natural Resources;
(c) A representative of the Department of Commerce and Industry;
(d) An authorized designate of the Commissioner of Customs;
(e) An authorized representative of the Office of the Solicitor-General;
(f) A technical member to be designated by the Food and Drug Administrator with the approval of the
Secretary of Health.
(g) The President of the Philippine Medical Association of his authorized representative;
(h) The President of the Philippine Dental Association or his authorized representative; and
(i) The President of the Philippine Pharmaceutical Association or his authorized representative.
Each member of the Board as well as the Board secretary shall receive a per diem of twenty pesos per meeting, hearing or
investigation actually attended, but in no case shall the total per diem exceed two hundred pesos each per month.
It shall be the duty of the Board, conformably with the rules and regulations, to hold hearings and conduct investigations
relative to matters touching the administration of this Act, to investigate processes of food, drug and cosmetic manufacture
and to submit reports to the Food and Drug Administrator, recommending food and drug standards for adoption. Said Board
shall also perform such additional functions, properly within the scope of the administration hereof, as may be assigned to it
by the Food and Drug Administrator. The decisions of the Board shall be advisory to the Food and Drug Administrator.
CHAPTER V
Definitions

Section 10. For the purposes of this Act, the term:

(a) "Board" means the Board of Food and Drug Inspection.
(b) "Secretary" means the Secretary of Health.
(c) "Department" means the Department of Health.
(d) "Person" includes individual, partnership, corporation and association.
(e) "Food" means (1) articles used for food or drink for man, (2) chewing gum, and (3) articles used for
components of any such article.
(f) "Drug" means (1) articles recognized in the official United States Pharmacopoeia, official Homeopathic
Pharmacopoeia of the United States, or official National Formulary, or any supplement to any of them; and
(2) articles intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in man or
other animals; and (3) articles (other than food) intended to affect the structure or any function of the body of
man or animals; and (4) articles intended for use as a component of any articles specified in clauses (1), (2),
or (3), but not include devices or their components, parts, or accessories.
(g) "Device" means instruments, apparatus, or contrivances, including their components, parts, and
accessories, intended (1) for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in man
or animals; or (2) to affect the structure or any function of the body of man or animals.
(h) "Cosmetic" means (1) articles intended to be rubbed, poured, sprinkled, or sprayed on, introduced into, or
otherwise applied to the human body or any part thereof for cleansing, beautifying, promoting attractiveness,
or altering the appearance, and (2) articles intended for use as a component of any such articles.
(i) "Label" means a display of written, printed, or graphic matter upon the immediate container of any article
and a requirement made by or under authority of this Act that any word, statement, or other information
appearing on the label shall not be considered to be complied with unless such word, statement, or other
information also appears on the outside container or wrapper, if any there be, of the retail package of such
article, or is easily legible through the outside container or wrapper.
(j) "Immediate container" does not include package liners.
(k) "Labeling" means all labels and other written, printed, or graphic matter (1) upon any article or any of its

containers or wrappers, or (2) accompanying such article.

(l) "New drugs" mean:
(1) any drug the composition of which is such that said drug is not generally recognized, among experts
qualified by scientific training and experience to evaluate the safety of drugs, as safe for use under the
conditions prescribed, recommended, or suggested in the labeling thereof.
(2) any drug the composition of which is such that said drug, as a result of investigations to determine its
safety for use under such conditions, has become so recognized, but which has not, otherwise than in such
investigations, been used to a material extent or for a material time under such conditions.
(m) If an article is alleged to be misbranded because the labeling is misleading, then in determining whether
the labeling is misleading there shall be taken into account (among other things) not only representations
made or suggested by statement, word, design, device, or any combination thereof, but also the extent to
which the labeling fails to reveal facts material in the light of such representations or material with respect to
consequences which may result from the use of the article to which the labeling relates under the conditions
of use prescribed in the labeling thereof or under such conditions of use as are customary or usual.
(n) "Food additive" means any substance the intended use of which results or may reasonably be expected to
result, directly or indirectly, in its becoming a component or otherwise affecting the characteristics of any
food (including any substance intended for use in producing, manufacturing, packing, processing, preparing,
treating, packaging, transporting, or holding food; and including any source of radiation intended for any
such use), if such substance is not generally recognized, among experts qualified by scientific training and
experience to evaluate its safety, as having been adequately shown through scientific procedures to be safe
under the conditions of its intended use.
CHAPTER VI
Prohibited Acts and Penalties
PROHIBITED ACTS
Section 11. The following acts and the causing thereof are hereby prohibited: (a) The manufacture, sale, offering for sale or
transfer of any food, drug, device or cosmetic that is adulterated or misbranded.
(b) The adulteration or misbranding of any food, drug, device, or cosmetic.

(c) The refusal to permit entry or inspection as authorized by Section twenty-seven hereof or to allow samples
to be collected.
(d) The giving of a guaranty or undertaking referred to in Section twelve (b) hereof which guaranty or
undertaking is false, except by a person who relied upon a guaranty or undertaking to the same effect signed
by, and containing the name and address of, the person residing in the Philippines from whom he received in
good faith the food, drug, device, or cosmetic or the giving of a guaranty or undertaking referred to in Section
twelve (b) which guaranty or undertaking is false.
(e) Forging, counterfeiting, simulating, or falsely representing or without proper authority using any mark,
stamp, tag label, or other identification device authorized or required by regulations promulgated under the
provisions of this Act.
(f) The using by any person to his own advantage, or revealing, other than to the Secretary or officers or
employees of the Department or to the courts when relevant in any judicial proceeding under this Act, any
information acquired under authority of Section nine, or concerning any method or process which as a trade
secret is entitled to protection.
(g) The alteration, mutilation, destruction, obliteration, or removal of the whole or any part of the labeling of,
or the doing of any other act with respect to, a food, drug, device, or cosmetic, if such act is done while such
article is held for sale (whether or not the first sale) and results in such article being adulterated or
misbranded.
(h) The use, on the labeling of any drug or in any advertising relating to such drug, of any representation or
suggestion that an application with respect to such drug is effective under Section twenty-one hereof, or that
such drug complies with the provisions of such section.
(i) The use, in labeling, advertising or other sales promotion of any reference to any report or analysis
furnished in compliance with Section twenty-six hereof.
PENALTIES
Section 12. (a) Any person who violates any of the provisions of Section eleven hereof shall, upon conviction, be subject to
imprisonment of not less than six months and one day, but not more than five years, or a fine of not less than one thousand
pesos, or both such imprisonment and fine, in the discretion of the Court.
(b) No person shall be subject to the penalties of subsection (a) of this section (1) for having sold, offered for

sale or transferred any article and delivered it, if such delivery was made in good faith, unless he refuses to
furnish on request of the Board of Food and Drug Inspection or an officer or employee duly designated by the
Secretary, the name and address of the person from whom he purchased or received such article and copies of
all documents, if any there be, pertaining to the delivery of the article to him; (2) for having violated Section
eleven (a) if he established a guaranty or undertaking signed by, and containing the name and address of, the
person residing in the Philippines from whom he received in good faith the article, or (3) for having violated
Section eleven (a), where the violation exists because the article is adulterated by reason of containing a coaltar color not permissible under regulations promulgated by the Secretary under this Act, if such person
establishes a guaranty or undertaking signed by, and containing the name and address, of the manufacturer of
the coal-tar color, to the effect that such color is permissible, under applicable regulations promulgated by the
Secretary under this Act.
(c) Any article of food, drug, device, or cosmetic that is adulterated or misbranded when introduced into the
domestic commerce may be seized and held in custody pending proceedings pursuant to Section twenty-six
(d) hereof, without a hearing or court order, when the Secretary has probable cause to believe from facts
found by him or any officer or employee of the Food and Drug Administration that the misbranded article is
dangerous to health, or that the labeling of the misbranded articles is fraudulent, or would be in a material
respect misleading to the injury or damage of the purchaser or consumer.
CHAPTER VII
Definition and Standards for Food
Section 13. Whenever in the judgment of the Secretary such action will promote honesty and fair dealing in the interest of
consumers, he shall, upon recommendation of the Food and Drug Administrator, promulgate regulations fixing and
establishing for any food, under its common or usual name so far as practicable, a reasonable definition and standard of
identity, a reasonable standard of quality, and/or reasonable standards of fill of container: Provided, That no definition and
standard of identity and no standard of quality shall be established for fresh or dried fruits, fresh or dried vegetables.
ADULTERATED FOOD
Section 14. A food shall be deemed to be adulterated: (a) (1) If it bears or contains any poisonous or deleterious substance
which may render it injurious to health; but in case the substance is not an added substance such food shall not be considered
adulterated under this clause if the quantity of such substance in such food does not ordinarily render it injurious to health;
(2) if it bears or contains any added poisonous or added deleterious substance other then one which is
a pesticide chemical in or a raw agricultural commodity for which tolerances have been established
and it conforms to such tolerances;

(3) if it consists in whole or in part of any filthy, putrid, or decomposed substance, or if it is otherwise
unfit for food:
(4) if it has been prepared, packed, or held under unsanitary conditions whereby it may have become
contaminated with filth, or whereby, it may have been rendered injurious to health;
(5) if it is, in whole or in part, the product of a diseased animal or of an animal which has died
otherwise than by slaughter;
(6) if its container is composed, in whole or in part, of any poisonous or deleterious substance which
may render the contents injurious to health.
(b) (1) If any valuable constituent has been, in whole or in part, omitted or abstracted therefrom and same has
not been substituted by any healthful equivalent of such constituent;
(2) if any substance injurious to health has been added or substituted;
(3) if damage or inferiority has been concealed in any manner; and
(4) if any substance has been added thereto or mixed or packed therewith so as to increase its bulk or
weight, or reduce its quality or strength, or make it appear better or of greater value than it is.
(c) If it bears or contains a coal-tar color other than one which is permissible under existing regulations;
(d) If it is confectionery, and it bears or contains any alcohol or non-nutritive article or substance except
harmless coloring, harmless flavoring, harmless resinous glass less coloring, harmless flavoring, harmless
resinous glass not in excess of four-tenths of one per centum, natural gum and pectin: Provided, That this
paragraph shall not apply to any confectionery by reason of its containing less than one-half of one per
centum by volume of alcohol derived solely from the use of flavoring extracts, or to any chewing gum by
reason of its containing harmless non-nutritive masticatory substances;
(e) If it is oleomargarine or margarine or butter and any of the raw material used therein consists in whole or
in part of any filthy, putrid or decomposed substance, or such oleomargarine, margarine or butter is otherwise
unfit for food.
MISBRANDED FOOD

Section 15. A food shall be deemed to be misbranded:

(a) If its labeling is false or misleading in any particular;
(b) If it is offered for sale under the name of another food;
(c) If it is an imitation of another food, unless its label bears in types of uniform size and prominence, the
word "imitation" and, immediately thereafter, the name of the food imitated;
(d) If its container is so made, formed, or filled as to be misleading;
(e) If in package form unless it bears a label containing (1) the name and place of business of the
manufacturer, packer, distributor; and (2) an accurate statement of the quantity of the contents in terms of
weight, measure, numerial count: Provided, That under clause (2) of this paragraph reasonable variations
shall be permitted, and exemptions as to small packages shall be established, by regulations prescribed by the
Secretary.
(f) If any word, statement, or other information required by or under authority of this Act to appear on the
label or labeling is not prominently placed thereon with such conspicuousness (as compared with other
words, statements, designs, or devices, in the labeling), and in such terms as to render it likely to be read and
understood by the ordinary individual under customary conditions of purchase and use.
(g) If it purports to be or is represented as a food for which a definition and standard of identity has been
prescribed unless (1) it conforms to such definition and standard, and (2) its label bears the name of the food
specified in the definition and standard, and, insofar as may be required by such regulations, the common
names of optional ingredients (other than spices, flavoring, and coloring) present in such food.
(h) If it purports to be or is represented as
(1) A food for which a standard of quality has been prescribed by regulations as provided by Section
thirteen, and its quality falls below such standard, unless its label bears, in such manner and form as
such regulations specify, a statement that it falls below such standard; or
(2) a food for which a standard or standards of fill of container have been prescribed by regulations as
provided by Section thirteen and it falls below the standard of fill of container applicable thereto,
unless its label bears, in such manner and form as such regulations specify, statement that if falls

below such standard.

(i) If it is not subject to the provisions of paragraph (g) of this section unless its label bears (1) the common or
usual name of the food, if there be any, and (2) in case it is fabricated from two or more ingredients, the
common or usual name of each such ingredient; except that spices, flavorings, and colorings, other than those
sold as such, may be designated as spices, flavorings and colorings without naming each: Provided, That to
the extent that compliance with the requirements of clause (2) of this paragraph is impracticable or results in
deception or unfair competition, exemptions shall be established by regulations promulgated by the Secretary.
(j) If it purports to be or is represented for special dietary uses, unless its label bears such information
concerning its vitamin, mineral and other dietary properties as the Secretary determined to be, and by
regulations prescribes as necessary in order fully to inform purchasers as to its value for such uses.
(k) If it bears or contains any artificial flavoring, artificial coloring, or chemical preservative, unless it bears
labeling stating that fact: Provided, That to the extent that compliance with the requirements of this paragraph
is impracticable, exemptions shall be established by regulations promulgated by the Secretary. The provisions
of this paragraph or paragraphs (g) and (i) with respect to artificial coloring shall not apply in the case of
butter, cheese or ice cream.
Emergency Permit Control
Section 16. (a) Whenever the Secretary finds after investigation that the sale or distribution in domestic commerce of any
class of food may be injurious to health, and that such injurious nature cannot be adequately determined after such articles
have entered domestic commerce, he shall promulgate regulations also in accordance with the recommendations of the Food
and Drug Administrator providing for the issuance, to manufacturers, processors, or packers of such class of food in such
locality, of permits to which shall be attached such conditions governing the manufacture, processing, or packing of such
class of food, for such temporary period of time, as may be necessary to protect the public health; and after the effective date
of such regulations, and during such temporary period, no person shall manufacture, sell or offer for sale or transfer any such
food manufactured, processed, or packed by any such manufacturer, processor, or packer unless such manufacturer,
processor or packer holds a permit issued by the Secretary as provided by such regulations.
(b) The Secretary is authorized to suspend immediately upon notice any permit issued under authority of this
section if it is found that any of the conditions of the permit have been violated.
(c) Any officer or employee duly designated by the Secretary shall have access to any factory or
establishment, the operator of which holds a permit from the Secretary, for the purpose of ascertaining
whether or not the conditions of the permit are being complied with, and denial of access for such inspection

shall be ground for suspension of the permit until such access is freely given by the operator.
Tolerances for Poisonous Ingredients in Food
COAL-TAR COLOR FOR FOOD
Section 17. (a) Any poisonous or deleterious substance added to any food, shall be deemed to be unsafe except when such
substance is required or cannot be avoided in its production or manufacture. In such case the Secretary shall promulgate,
upon recommendation of the Food and Drug Administrator, regulations limiting the quantity therein to such extent as he
finds necessary for the protection of public health, and any quantity exceeding the limits so fixed shall also be deemed to be
unsafe. In determining the quantity of such added substance to be tolerated in different articles of food the Secretary shall
take into account the extent to which the use of such article is required or cannot be avoided in the production or
manufacture of such article and the other ways in which the consumer may be affected by the same or other poisonous or
deleterious substances.
(b) The Secretary shall, upon recommendation of the Food and Drug Administrator, promulgate regulations
providing for the listing of coal-tar colors which are harmless and suitable for use in food.
CHAPTER VIII
Drug and Devices
ADULTERATED DRUGS AND DEVICES
Section 18. A drug or device shall be deemed to be adulterated: (a) (1) If it consists in whole or in part of any filthy, putrid,
decomposed substance; or (2) if it has been prepared, packed, or held under insanitary conditions contaminated with filth or
whereby it may have been rendered injurious to health; or (3) if it is a drug and its container is composed, in whole or in
part, of any poisonous or deleterious substance which may render the contents injurious to health; or (4) if it is a drug and it
bears or contains, for purposes of coloring only, a coal-tar color other than a permissible one.
(b) If it purports to be or is represented as a drug the name of which is recognized in an official compendium,
and its strength differs from, or its quality or purity falls below, the standard set forth in such compendium,
except that whenever tests or methods of assay as are prescribed are, in the judgment of the Secretary,
insufficient for the making of such determination the Secretary, shall promulgate, upon recommendation of
the Food and Drug Administrator, regulations prescribing appropriate tests or methods of assay in accordance
with which such determination as to strength, quality or purity shall be made. No drug defined in an official
compendium shall be deemed to be adulterated under this paragraph because it differs from the standard of

strength, quality or purity in strength, quality, or purity from such standards is plainly stated on its label.
(c) If it is not subject to the provisions of paragraph (b) of this section and its strength differs from, or its
purity of quality falls below, that which it purports or its represented to possess.
(d) If it is a drug and any substance has been (1) mixed or packed therewith so as to reduce its quality or
strength or (2) substituted wholly or in part therefor.
MISBRANDED DRUGS AND DEVICES
Section 19. A drug or device shall be deemed to be misbranded: (a) If its labeling is false or misleading in any particular.
(b) If in a package form unless it bears a label containing (1) the name and place of business of the
manufacturer, packer, or distributor; (2) an accurate statement of the quantity of the contents in terms of
weight, measure, or numerical count: Provided, That reasonable variations shall be permitted and exemptions
as to small packages shall be established by regulations prescribed by the Secretary.
(c) If any word, statement, or other information required by or under authority of this Act to appear on the
label or labeling is not prominently placed thereon with such conspicuousness (as compared with other
words, statements, designs, or devices, in the labeling) and in such terms as to render it likely to be read and
understood by the ordinary individual under customary conditions of purchase and use.
(d) If it is for use by man and contains any quantity of the narcotic or hypnotic substance alpha-eucaine,
barbituric acid, beta-eucaine, bromal, cannabis, cabromal, chloral, coca, cocaine, codeine, heroin, marihuana,
morphine, opium, paraldehyde, peyote, or sulfonmethane; or any chemical derivative of such substance,
which derivative has been recommended by the Secretary, after investigation, and by regulations, designated
as, habit forming; unless its label bears the name, and quantity or proportion of such substance or derivative
and in juxtaposition therewith the statement "Warning May be habit forming."
(e) If it is a drug and is not designated solely by a name recognized in an official compendium unless its label
bears (1) the common or usual name of the drug, if such there be; and (2) in case it is fabricated from two or
more ingredients, the common or usual name of each active ingredient, including the quantity, kind, and
proportion of any alcohol, and also including whether active or not, the name and quantity of proportion of
any bromides, ether, chloroform, acetanilid, acetophenetidin, amidopyrine, antipyrine, atropine, hyoscine,
hyoscyamine, arsenic, digitalis, digitalis glucosides mercury, ouabain, strophantin, strychnine, thyroid, or any
derivative or preparation of any such substances, contained therein: Provided, That where compliance with
this paragraph in impracticable, exemptions shall, upon recommendation of the Food and Drug
Administrator, be established by regulations promulgated by the Secretary.

(f) Unless its labeling bears (1) adequate directions for use; and (2) such adequate warnings against use in
those pathological conditions or by children where its use may be dangerous to health, or against unsafe
dosage or methods or duration of administration or application, in such manner and form, as necessary for the
protection of users: Provided, That where any requirement of clause (1) of this paragraph, as applied to any
drug or device, is not necessary for the protection of the public health, the Secretary shall, upon
recommendation of the Food and Drug Administrator, promulgate regulations exempting such drug or device
from such requirement.
(g) If it purports to be a drug the name of which is recognized in an official compendium, unless it is
packaged and labeled as prescribed therein: Provided, That the method of packing may be modified with the
consent of the Secretary.
(h) If it has been found by the Secretary to be a drug liable to determination, unless it is packaged in such
form and manner, and its label bears a statement of such precautions, as the Secretary shall by regulations
require as necessary for the protection of the public health.
(i) (1) If it is a drug and its container is so made, formed, or filled as to be misleading; or
(2) if it is an imitation of another drug; or
(3) if it is offered for sale under the name of another drug.
(j) If it is dangerous to health when used in the dosage, or with the frequency of duration prescribed,
recommended or suggested in the labeling thereof.
(k) If it is, or purports to be, or is represented as a drug composed wholly or partly of any kind of penicillin,
streptomycin, chlortetracycline, chloramphenicol, bacitracin, or any other anti-biotic drug, or any derivative
thereof, unless (1) it is from a batch with respect to which a certificate of release has been issued pursuant to
Section twenty-two (a), and (2) such certificate of release is in effect with respect to such drug: Provided,
That this paragraph shall not apply to any drug or class of drugs exempted by regulations promulgated under
Section twenty-one (a), (b) and (c).
EXEMPTION IN CASE OF DRUGS AND DEVICES
Section 20. (a) The Secretary is hereby directed to promulgate regulations exempting from any labeling or packaging
requirement of this Act drugs and devices which are, in accordance with the practice of the trade, to be processed, labeled, or
repacked in substantial quantities at establishments other than those where originally processed or packed, on condition that

such drugs and devices are not adulterated or misbranded, under the provisions of this Act upon removal from such
processing, labeling, or repacking establishment.
(b) (1) Drugs intended for use by man which:
(A) are habit-forming
(B) because of its toxicity or other potentiality for harmful effect, or the method of its use is
not safe for use except under the supervision of a practitioner licensed by law to administer
such drug;
(C) are new drugs whose application are limited to investigational use shall be dispensed only
(1) upon a written prescription of a practitioner licensed by law to administer such drug, or (2)
upon an oral prescription of such practitioner which is reduced promptly to writing and filed
by the pharmacist, or (3) by refilling any such written or oral prescription if such refilling is
authorized by the prescriber either in the original prescription or by oral order which is
reduced promptly to writing and filed by the pharmacist. The act of dispensing a drug contrary
to the provisions of this paragraph shall be deemed to be an act which results in the drug being
misbranded while held for sale.
(2) Any drug dispensed by filling or refilling a written prescription of a practitioner licensed by law to
administer such drug shall be exempt from the requirements of Section nineteen, except paragraphs
(a), (1), (2) and (3), and the packaging requirements of paragraphs (g) and (h), if the drug bears a label
containing the name and address of the dispenser, the serial number and date of the prescription or of
its filling, the name of prescriber, and, if stated in the prescription the name of the patient, and the
directions of use and cautionary statements, if any, contained in such prescription.
(3) The Secretary may by regulation remove drugs subject to Section nineteen (d) and Section twentyone from the requirements of Subsection (b) (1) of this Section, when such requirements are not
necessary for the protection of the public health.
(4) A drug which is subject to subsection (b) (1) of this section shall be deemed to be misbranded if at
any time prior to dispensing, its label fails to bear the statement "Caution: Food, Drug and Cosmetics
Law prohibits dispensing without prescription." A drug to which subsection (b) (1) of this Section
does not apply shall be deemed to be misbranded if at any time prior to dispensing, its label bears the
caution statement quoted in the preceding sentence.
NEW DRUGS

Section 21. (a) No person shall manufacture, sell, offer for the sale or transfer any new drug, unless an application filed
pursuant to subsection (b) is effective with respect to such drug.
(b) Any person may file with the Secretary, thru the Food and Drug Administration, an application with
respect to any drug subject to the provisions of subsection (a). Such persons shall permit to the Secretary thru
the Food and Drug Administration as a part of the application (1) full reports of investigations which have
been made to show whether or not such drug is safe for use; (2) a full list of the articles used as components
of such drug; (3) a full statement of the composition of such drug; (4) a full description of the methods used
in and the facilities and controls used for the manufacture, processing, and packing of such drug; (5) such
samples of such drug and of the articles used as components hereof as the Secretary may require; and (6)
specimens of the labeling proposed to be used for such drug.
(c) Within one hundred and eighty days after the filing of an application under this subsection, or such
additional period as may be agreed upon by the Secretary and the applicant, the Secretary shall either (1)
approve the application if he then finds that none of the grounds for denying approval specified in subsection
(d) applies, or (2) give the applicant notice of an opportunity for a hearing before the Secretary under
subsection (d) on the question whether such application is approvable.
(d) If the Secretary finds, after due notice to the applicant and giving him an opportunity for a hearing, that
(1) the investigation, reports of which are required to be submitted to the Secretary pursuant to subsection (b),
do not include adequate tests by all methods reasonably applicable to show whether or not such drug is safe
for use under the conditions prescribed, recommended, or suggested in the proposed labeling thereof; (2) the
results of such tests show that such drug is unsafe for use under such conditions or do not show that such
drug is safe for use under such conditions; (3) the methods used in, and the facilities and controls used for the
manufacture, processing, and packing of such drug are inadequate to preserve its identity, strength, quality,
and purity; or (4) upon the basis of the information submitted to him as part of the application, or upon the
basis of any other information before him with respect to such drug, he has insufficient information to
determine whether such drug is safe for use under such conditions; or (5) evaluated on the basis of the
information submitted to him as part of the application, and any other information before him with respect to
such drug, there is a lack of substantial evidence that the drug will have the effect it purports or is represented
to have under the conditions of use prescribed, recommended, or suggested in the proposed labeling thereof;
or (6) based on a fair evaluation of all material facts, such labeling is false or misleading in any particular; he
shall issue an order refusing to approve the application.
(e) The effectiveness of an application with respect to any drug shall, after due notice and opportunity for
hearing to the applicant, by order of the Secretary be suspended if the Secretary finds (1) that clinical
experience, tests by new methods, or tests by methods not deemed reasonably applicable when such
application became effective show that such drug is unsafe for use under the conditions of use upon the basis

of which the application became effective, or (2) that the application contains any untrue statement of a
material fact. The order shall state the findings upon which it is based.
(f) An order refusing to permit an application with respect to any drug to become effective shall be revoked
whenever the Secretary finds that the facts so require.
(g) The Secretary shall promulgate regulations for exempting from the operation of this section drugs
intended solely for investigational use by experts qualified by scientific training and experience to investigate
the safety and effectiveness of drugs.
CHAPTER IX
Certification of Drugs containing Penicillin, Streptomycin, Chlortetracycline, Chloramphenicol or Bacitracin.
Section 22. (a) The Secretary, pursuant to regulations promulgated by him shall provide for the certification of batches of
drugs composed wholly or partly of any kind of penicillin, streptomycin, chlortetracycline, chloramphenicol, bacitracin, or
any anti-biotic drug, or any derivative thereof. A batch of such drug shall be certified if such drug has such characteristics of
identity, strength, quality and purity, as the Secretary prescribes in such regulations as necessary to adequately insure safety
and efficacy of use, but shall not otherwise be certified. Prior to the effective date of such regulations the Secretary, in lieu of
certification, shall issue a release for any batch which, in his judgment, may be released without risk as to the safety and
efficacy of its use. Such release shall prescribe the date of its expiration and other conditions under which it shall cease to be
effective as to such batch and as to portions thereof. For purposes of this section and of Section nineteen (k), the term "antibiotic drug" means any drug intended for use by man containing any quantity of any chemical substance which is produced
by micro-organism and which has the capacity to inhibit or destroy micro-organism in dilute solution (including the
chemically synthesized equivalent of any such substance).
(b) Whenever in the judgment of the Secretary, the requirements of this section and of Section nineteen (k)
with respect to any drug or class of drugs are not necessary to insure safety and efficacy of use, the Secretary
shall promulgate regulations exempting such drug or class of drugs from such requirements.
(c) The Secretary shall promulgate regulations exempting from the requirement of this section and of Section
nineteen (k), (1) drugs which are to be stored, processed labeled, or repacked at establishments other than
those where manufactured, on condition that such drugs comply with all such requirements upon removal
from such establishments; (2) drugs which conform to applicable standards of identity, strength, quality, and
purity prescribed by these regulations and are intended for use in manufacturing other drugs; and (3) drugs
which are intended for investigational use by experts qualified by scientific training and experience to
investigate the safety and efficacy of drugs.
CHAPTER X

Cosmetics
ADULTERATED COSMETICS
Section 23. A cosmetic shall be deemed to be adulterated: (a) If it bears or contains any poisonous or deleterious substances
which may render it injurious to users under the conditions of use prescribed in the labeling thereof, or under the conditions
of use as are customary or usual: Provided, That this provision shall not apply to coal-tar hair dye, the label of which bears
the following legend conspicuous displayed thereon: "Caution: This product contains ingredients which may cause skin
irritation on certain individuals and a preliminary test according to accompanying directions should first be made. This
product must not be used for dyeing the eyelashes or eyebrows; to do so may cause blindness", and the labeling of which
bears adequate directions for such preliminary testing. For the purposes of this paragraph and paragraph (e) the term "hair
dye" shall not include eyelash dyes or eyebrow dyes.
(b) If it consists in whole or in part of any filthy, putrid, or decomposed substance.
(c) If it has been prepared, packed, or held under insanitary conditions whereby it may have become
contaminated with filth, or whereby it may have been rendered injurious to health.
(d) If its container is composed, in whole or in part, of any poisonous or deleterious substance which may
render the contents injurious to health.
(e) If it is not a hair dye and it bears or contains a coal-tar color other than one which is permissible.
MISBRANDED COSMETIC
Section 24. A cosmetic shall be deemed to be misbranded:
(a) If its labeling is false or misleading in any particular.
(b) If in package form unless it bears a label containing (1) the name and place of business of the
manufacturer, packer, or distributor; and (2) an accurate statement of the quantity of the contents in terms of
weight, measure, of numerical count: Provided, That under reasonable variations shall be permitted and
exemptions as to small packages shall be established by regulations prescribed by the Secretary.
(c) If any word, statement, or other information required by or under authority of this Act, to appear on the
label or labeling is not prominently placed thereon with such conspicuousness (as compared with other
words, statements, designs, or devices, in the labeling) and in such terms as to render it likely to be read and

understood by the ordinary individual under customary conditions of purchase and use.
(d) If its container is so made, formed, or filled as to be misleading.
REGULATIONS MAKING EXEMPTIONS
Section 25. The Secretary shall promulgate regulations exempting from any labeling requirements of this Act cosmetic
which are, in accordance with the practice of the trade, to be processed, labeled, or repacked in substantial quantities at
establishments other than those where originally processed or packed, on condition that such cosmetics are not adulterated
or misbranded under the provisions of this Act upon removal from such processing, labeling, repacking establishment.
CHAPTER XI
General Administration Provisions, Regulations, Hearings and Institution of Criminal Action
Section 26. (a) Except as otherwise provided in this section, the Secretary of Health shall, upon recommendation of the
Food and Drug Administrator, issue rules and regulations as may be necessary to enforce effectively the provisions of this
Act.
(b) The Commissioner of Customs, the Commissioner of Internal Revenue and the Secretary of Health shall
jointly prescribe regulations for the efficient enforcement of the provisions of Section thirty, except as
otherwise provided therein. Such regulations shall be promulgated upon the recommendation of the Food and
Drug Administrator and shall take effect at such time, after due notice, as the Secretary of Health shall
determine.
(c) Hearings authorized or required by this Act shall be conducted by the Board of Food and Drug Inspection
which shall submit its recommendation to the Food and Drug Administrator.
(d) When it appears to the Food and Drug Administrator from the report of the Food and Drug Laboratory
that any article of food or any drug, or cosmetic secured pursuant to Section twenty-eight of this Act is
adulterated or misbranded, he shall cause notice thereof to be given to the person or persons concerned and
such person or persons shall be given an opportunity to be heard before the Board of Food and Drug
Inspection and to submit evidence impeaching the correctness of the finding or charge in question.
(e) When a violation of any provisions of this Act comes to the knowledge of the Food and Drug
Administrator of such character that a criminal prosecution ought to be instituted against the offender, he
shall certify the facts to the Secretary of Justice through the Secretary of Health, together with the chemist's
report, the findings of the Board of Food and Drug Inspection, or other documentary evidence on which the

charge is based.
(f) Nothing in this Act shall be construed as requiring the Food and Drug Administrator to certify for
prosecution pursuant to sub-paragraph (e) hereof, minor violations of this Act whenever he believes that
public interest will be adequately served by a suitable written notice or warning.
FACTORY INSPECTION
Section 27. (a) For purposes of enforcement of this Act, officers or employees duly designated by the Secretary, upon
presenting appropriate credentials to the owner, operator, or agent in charge, are authorized (1) to enter, at reasonable hours,
any factory, warehouse, or establishment in which food, drugs, devices or cosmetics are manufactured, processed, packed or
held, for introduction into domestic commerce or are held after such introduction, or to enter any vehicle being used to
transport or hold such food, drugs, devices, or cosmetics, in domestic commerce; and (2) to inspect, in a reasonable manner,
such factory, warehouse, establishment, or vehicle and all pertinent equipment, finished and unfinished materials, containers,
and labeling therein.
Section 28. (a) If the officer or employee making any such inspection of a factory, warehouse or other establishment has
obtained any sample in the course of the inspection, upon completion of the inspection and prior to leaving the premises he
shall give to the owner, operator, or agent in charge a receipt describing the samples obtained.
(b) Whenever in the course of any such inspection of a factory or other establishment where food is manufactured,
processed, or packed, the officer or employee making the inspection obtains a sample of any such food, and an analysis is
made of such sample for the purpose of ascertaining whether such food consists in whole or in part of any filthy, putrid or
decomposed substance, or is otherwise unfit for food, a copy of the results of such analysis shall be furnished promptly to
the owner, operator, or agent in charge.
PUBLICITY
Section 29. (a) The Secretary may cause to be disseminated information regarding food, drugs, devices, or cosmetics in
situations involving, in the opinion of the Secretary, imminent danger to health, or gross deception of the consumer. Nothing
in this Section shall be construed to prohibit the Secretary from collecting, reporting, and illustrating the results of the
investigations of the Department.
CHAPTER XII
Imports and Exports
Section 30. (a) The Commissioner of Customs shall cause to be delivered to the Food and Drug Administration samples

taken at random from every incoming shipment of food, drugs, devices, and cosmetics which are being imported or offered
for import into the Philippines giving notice thereof to the owner or consignee. The quantity of such samples shall be fixed
by regulation issued by the Secretary. If it appears from the examination of such samples or otherwise that (1) such article
has been manufactured, processed, or packed under insanitary conditions, or (2) such article is forbidden or restricted from
sale in the country in which it was produced or from which it was produced or from which it was exported, or (3) such
article is adulterated, misbranded, or in violation of Section twenty-one, then the Food and Drug Administrator shall so
inform the Commissioner of Customs and such article shall be refused admission, except as provided in subsection (b) of
this section. The Commissioner of Customs shall then cause the destruction of any such article refused admission unless
such article is exported, under regulations prescribed by the Commissioner of Customs, within ninety days of the date of
notice of such refusal or within such additional time as may be permitted pursuant to such regulations. If the food, drugs,
devices, and cosmetics being imported or offered for import into the Philippines arrives at a port of entry other than Manila,
the collection of such samples shall be the responsibility of the Regional Health Director having jurisdiction over the port of
entry and such samples shall be forwarded to the Food and Drug Administration.
(b) Pending decision as to the admission of an article being imported or offered for import, the Commissioner
of Customs may authorize delivery of such article to the owner or consignee upon execution by him of a
good and sufficient bond providing for the payment of such liquidated damages in the event of default as may
be required pursuant to regulations of the Commissioner of Customs. If it appears to the Secretary that an
article included within the provisions of clause (3) of subsection (a) of this section can, by relabeling or other
action, be brought into compliance with the Act or rendered other than a food, drug, device, or cosmetic, final
determination as to admission of such article may be deferred, and upon filing to timely written application
by the owner or consignee, and the execution by him of a bond as provided in the preceding provisions of this
subsection, the Secretary may, in accordance with regulations, authorize the applicant to perform such
relabeling or other actions specified in such authorization with regulations (including destruction or export of
rejected articles or portions thereof, as may be specified in the Secretary's authorization). All such relabeling
or other action pursuant to such authorization shall be in accordance with regulations and be under the
supervision of an office or employee of the Bureau of Customs designated by the Commissioner of Customs
and a duly authorized representative of the Food and Drug Administrator.
(c) All expenses (including travel, per diem or subsistence, and salaries) of officers or employees of the
Philippines in connection with the destruction provided for in subsection (a) of this section and the
supervision of the relabeling or other action authorized under the provisions of subsection (b) of this section,
the amount of such expenses to be determined in accordance with regulations, and all expenses in connection
with the storage, cargo, or labor with respect to any article refused admission under subsection (a) of this
section, shall be paid by the owner or consignee, and in default of such payment, shall constitute a lien
against any future importations made by such owner or consignee.
(d) A food, drug, device, or cosmetic intended for export shall not be deemed to be adulterated or misbranded

under this Act if it (1) conforms with the specifications of the foreign purchaser, (2) is not conflict with laws
of the country to which it is intended for export, and (3) is labelled on the outside of the shipping package to
show that it is intended for export. But if such article is sold or offered for sale in domestic commerce, this
subsection shall not exempt it from any of the provisions of this Act.
CHAPTER XIII
Financing
Section 31. The amount of one million pesos is hereby appropriated from any funds in the National Treasury not otherwise
appropriated to augment the funds transferred to this Office under Section eight for the implementation of this Act. All
income derived from fees authorized in Section Four of this Act shall accrue to the General Fund.
CHAPTER XIV
Repealing Clause and Effectivity
Section 32. If any provision of this Act or the application of such provision to any person or circumstance is held invalid, the
remainder of this Act or the application of such provision to other persons of circumstances should not be affected thereby.
Section 33. Section eleven hundred and nine to Section eleven hundred twenty-nine of the Administrative Code, and such
other laws, executive orders, rules and regulations inconsistent with the provisions of this Act are repealed.
Section 34. This Act shall take effect upon its approval.
Approved: June 22, 1963.

Republic of the Philippines

Congress of the Philippines
Metro Manila
Eighth Congress
Second Regular Session

Begun and held in Metro Manila, on Monday, the twenty-fifth day of July, nineteen hundred and eighty-eight.
Republic Act No. 6675

September 13, 1988

AN ACT TO PROMOTE, REQUIRE AND ENSURE THE PRODUCTION OF AN ADEQUATE SUPPLY, DISTRIBUTION, USE AND
ACCEPTANCE OF DRUGS AND MEDICINES IDENTIFIED BY THEIR GENERIC NAMES
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled::
Section 1. Title This Act shall be known as the "Generics Act of 1988."

Section 2. Statement of Policy It is hereby declared the policy of the State:

To promote, encourage and require the use of generic terminology in the importation, manufacture, distribution, marketing, advertising and
promotion, prescription and dispensing of drugs;
To ensure the adequate supply of drugs with generic names at the lowest possible cost and endeavor to make them available for free to
indigent patients;
To encourage the extensive use of drugs with generic names through a rational system of procurement and distribution;
To emphasize the scientific basis for the use of drugs, in order that health professionals may become more aware and cognizant of their
therapeutic effectiveness; and
To promote drug safety by minimizing duplication in medications and/or use of drugs with potentially adverse drug interactions.
Section 3. Definition of Terms The following terms are herein defined for purposes of this Act:
(1) "Generic Name or Generic Terminology" is the identification of drugs and medicines by their scientifically and internationally recognize
active ingredients or by their official generic name as determined by the Bureau of Food and Drugs of the Department of Health.
(2) "Active Ingredient" is the chemical component responsible for the claimed therapeutic effect of the pharmaceutical product.
(3) "Chemical Name" is the description of the chemical structure of the drug or medicine and serves as the complete identification of a
compound.
(4) "Drug Product" is the finished product form that contains the active ingredients, generally but not necessarily in association with inactive
ingredients.
(5) "Drug Establishment" is any organization or company involved in the manufacture, importation, repacking and/or distribution of drugs or
medicines.
(6) "Drug Outlets" means drugstores, pharmacies, and any other business establishments which sell drugs or medicines.
(7) "Essential Drugs List" or "National Drug Formulary" is a list of drugs prepared and periodically updated by the Department of Health on
the basis of health conditions obtaining in the Philippines as well as on internationally accepted criteria. It shall consist of a core list and a
complementary list.
(8) "Core List" is a list of drugs that meets the health care needs of the majority of the population.

(9) "Complementary List" is a list of alternative drugs used when there is no response to the core essential drug or when there is
hypersensitivity reaction to the core essential drug or when for one reason or another, the core essential drug cannot be given.
(10) "Brand Name" is the proprietary name given by the manufacturer to distinguish its product from those of competitors.
(11) "Generic Drugs" are drugs not covered by patent protection and which are labeled solely by their international non-proprietary or generic
name.
Section 4. The Use of Generic Terminology for Essential Drugs and Promotional Incentives. (a) In the promotion of the generic names for
pharmaceutical products, special consideration shall be given to drugs and medicines which are included in the Essential Drugs List to be prepared
within one hundred eighty (180) days from approval of this Act and updated quarterly by the Department of Health on the basis of health conditions
obtaining in the Philippines as well as on internationally accepted criteria.
(b) The exclusive use of generic terminology in the manufacture, marketing and sales of drugs and medicines, particularly those in the Essential
Drugs List, shall be promoted through such a system of incentives as the Board of Investments jointly with the Department of Health and other
government agencies as may be authorized by law, shall promulgate in accordance with existing laws, within one hundred eighty (180) days after
approval of this Act.
Section 5. Posting and Publication The Department of Health shall publish annually in at least two (2) newspapers of general circulation in the
Philippines the generic names, and the corresponding brand names under which they are marketed, of all drugs and medicines available in the
Philippines.
Section 6. Who Shall Use Generic Terminology - (a) All government health agencies and their personnel as well as other government agencies shall
use generic terminology or generic names in all transactions related to purchasing, prescribing, dispensing and administering of drugs and medicines.
(b) All medical, dental and veterinary practitioners, including private practitioners, shall write prescriptions using the generic name. The brand name
may be included if so desired.
(c) Any organization or company involved in the manufacture, importation, repacking, marketing and/or distribution of drugs and medicines shall
indicate prominently the generic name of the product. In the case of brand name products, the generic name shall appear prominently and
immediately above the brand name in all product labels as well as in advertising and other promotional materials.
(d) Drug outlets, including drugstores, hospital and non-hospital pharmacies and non-traditional outlets such as supermarkets and stores, shall inform
any buyer about any and all other drug products having the same generic name, together with their corresponding prices so that the buyer may
adequately exercise, his option.
Within one (1) year after approval of this Act, the drug outlets referred to herein, shall post in conspicuous places in their establishments, a list of
drug products with the same generic name and their corresponding prices.

Section 7. Provision on Quality, Manufacturers Identity and Responsibility In order to assure responsibility for drug quality in all instances, the
label of all drugs and medicines shall have the following: name and country of manufacture, dates of manufacture and expiration. The quality of such
generically labeled drugs and medicines shall be duly certified by the Department of Health.
Section 8. Required Production Subject to the rules and regulations promulgated by the Secretary of Health, every drug manufacturing company
operating in the Philippines shall be required to produce, distribute and make available to the general public the medicine it produces, in the form of
generic drugs.
Section 9. Rules and Regulations The implementation of the provisions of this Act shall be in accordance with the rules and regulations to be
promulgated by the Department of Health. Rules and regulations with penal sanctions shall be promulgated within one hundred eighty (180) days
after approval of this Act and shall take effect fifteen (15) days after publication in the Official Gazette or in two (2) newspapers of general
circulation.
Section 10. Authority to Import Within three (3) years from the effectivity of this Act, extendible by the President for another two (2) years and
during periods of critical shortage and absolute necessity, the Department of Health is hereby authorized to import raw materials of which there is a
shortage for the use of Filipino-owned or controlled drug establishments to be marketed and sold exclusively under generic nomenclature. The
President may authorize the importation of raw materials tax and duty-free. The Secretary of Health shall ensure that the imported raw materials are
allocated fairly and efficiently among Filipino-owned or controlled drug establishments. He shall submit to the Office of the President and to
Congress a quarterly report on the quantity, kind and value of the raw materials imported.
Section 11. Education Drive The Department of Health jointly with the Department of Education, Culture and Sports, Philippine Information
Agency and the Department of Local Government shall conduct a continuous information campaign for the public and a continuing education and
training for the medical and allied medical professions on drugs with generic names as an alternative of equal efficacy to the more expensive brand
name drugs. Such educational campaign shall include information on the illnesses or symptoms which each generically named drug is supposed to
cure or alleviate, as well as its contraindications. The Department of Health with the assistance of the Department of Local Government and the
Philippine Information Agency shall monitor the progress of the education drive, and shall submit regular reports to Congress.
Section 12. Penalty A) Any person who shall violate Section 6(a) or 6(b) of this Act shall suffer the penalty graduated hereunder, viz:
(a) for the first conviction, he shall suffer the penalty of reprimand which shall be officially recorded in the appropriate books of the
Professional Regulation Commission.
(b) for the second conviction, the penalty of fine in the amount of not less than two thousand pesos (P2,000.00) but not exceeding five
thousand pesos (5,000.00) at the discretion of the court.
(c) for the third conviction, the penalty of fine in the amount of not less than five thousand pesos (P5,000.00) but not exceeding then thousand
pesos (P10,000.00) and suspension of his license to practice his profession for thirty (30) days at the discretion of the court.

(d) for the fourth and subsequent convictions, the penalty of fine of not less than ten thousand pesos (P10,000.00) and suspension of his
license to practice his profession for one year or longer at the discretion of the court.
B) Any juridical person who violates Section 6(c), 6(d), 7 or 8 shall suffer the penalty of a fine of not less than five thousand pesos (P5,000.00) nor
more than ten thousand pesos (P10,000.00) and suspension or revocation of license to operate such drug establishment or drug outlet at the discretion
of the Court: Provided,That its officers directly responsible for the violation shall suffer the penalty of fine and suspension or revocation of license to
practice profession, if applicable, and by imprisonment of not less than six (6) months nor more than one (1) year or both fine and imprisonment at
the discretion of the Court: and Provided, further, That if the guilty party is an alien, he shall be ipso facto deported after service of sentence without
need of further proceedings. C) The Secretary of Health shall have the authority to impose administrative sanctions such as suspension or
cancellation of license to operate or recommend suspension of license to practice profession to the Professional Regulation Commission as the case
may be for the violation of this Act. Section 13. Separability Clause If any provision of this Act is declared invalid, the remainder or any provision
hereof not affected thereby shall remain in force and effect.
Section 14. Repealing Clause The provisions of any law, executive order, presidential decree or other issuances inconsistent with this Act are
hereby repealed or modified accordingly.
Section 15. Effectivity This Act shall take effect fifteen (15) days after its complete publication in the Official Gazette or two (2) newspapers of
general circulation.
Approved,

(Sgd.) RAMON V. MITRA

Speaker of the House of
Representatives

(Sgd.) JOVITO R. SALONGA

President of the Senate

This Act which is a consolidation of Senate Bill NO. 453 and House Bill No. 10900 was finally passed by the Senate and the House of
Representatives on August 25, 1988 and August 31, 1988, respectively.

(Sgd.) QUIRINO D. ABAD SANTOS,

JR.
Secretary General
House of Represenatives

Approved: September 13, 1988

(Sgd.) EDWIN P. ACOBA

Secretary of Senate

(Sgd.) CORAZON C. AQUINO

President of the Philippines

REPUBLIC ACT No. 5921

AN ACT REGULATING THE PRACTICE OF PHARMACY AND SETTING STANDARDS OF
PHARMACEUTICAL EDUCATION IN THE PHILIPPINES AND FOR OTHER PURPOSES.
ARTICLE 1
Objectives and Implementation
Section 1. Objectives. This Act provides for and shall govern (a) the standardization and regulation of pharmaceutical
education; (b) the examination for registration of graduates of schools of pharmacy and (c) the supervision, control and
regulation of the practice of pharmacy in the Philippines.
Section 2. Enforcement. For the purposes of implementing the provisions of this Act, the Council of Pharmaceutical
Education and the Board of Pharmacy are hereby created.
ARTICLE II
The Council of Pharmaceutical Education
Section 3. The Council of Pharmaceutical Education and its composition. The Council of Pharmaceutical Education shall be
composed of the Secretary of Education, Chairman, the Undersecretary of Health Services, the Food and Drug

Administrator, the Chairman of the Board of Pharmacy, the dean of the College of Pharmacy, University of the Philippines,
the dean of a college of pharmacy, representing duly accredited private schools of pharmacy, and a representative of the
bona fide national pharmaceutical organizations in the Philippines.
It shall be incumbent upon all deans of duly accredited colleges of pharmacy of private colleges and universities by
agreement among themselves to promulgate rules and regulations regarding the selection of one from among their group to
represent them in the said Council and it shall be incumbent upon all presidents of bona fide national pharmaceutical
organizations in the Philippines by agreement to promulgate rules and regulations regarding the selection of one from among
them to represent them in the said Council.
The members of the Council shall hold office until their successors have been appointed, elected or designated and duly
qualified.
Section 4. Functions. The functions of the Council of Pharmaceutical Education shall be:
(a) To promulgate rules and regulations relative to Pharmaceutical Education in the Philippines;
(b) To submit such rules and regulations, which shall have a binding effect, for implementation to the proper
agencies such as Department of Education, the Board of Pharmacy, the bona fide national pharmaceutical
organizations in the Philippines and others;
(c) To recognize and accredit colleges of pharmacy in the different private colleges and universities; and
(d) To approve the accreditation of community or prescription pharmacies, pharmaceutical manufacturing
laboratories and hospital pharmacies for purposes of pharmacy internship.
Section 5. Meetings and traveling expenses. The Council of Pharmaceutical Education shall meet at least once a month for
regular business and as often as the Council may decide. The Chairman and members of the Council of Pharmaceutical
Education shall not be entitled to any compensation except for traveling expenses in connection with their official duties as
herein provided.
ARTICLE III
The Board of Pharmacy and Examination and Registration of Pharmacists
Section 6. The Board of Pharmacy and its Composition. The Board of Pharmacy shall be composed of a Chairman and two
members who shall be appointed by the President of the Philippines with the consent of the Commission of Appointments,
from a list of nominees recommended by the Commissioner of Civil Service who shall secure such lists from bona fide

professional national organizations of pharmacists which should be certified in accordance with Republic Act Numbered
Five hundred forty-six.
Section 7. Qualification of Board members. To be appointed a member of the Board of Pharmacy, a person shall be:
(a) A natural born citizen of the Philippines;
(b) A duly registered pharmacist and has been in the practice of pharmacy for at least ten years;
(c) Of good moral character and of recognized standing in the pharmaceutical profession;
(d) At the time of appointment, not a member of the faculty of any school, college or university offering
courses in pharmacy; nor have any direct or indirect pecuniary interests in such school or college of
pharmacy; and
(e) A member of good standing of any bona fide national pharmaceutical association of the Philippines.
Section 8. Tenure of office and fees of board members. The Chairman and members of the Board of Pharmacy shall hold
office for three years after appointment or until their successors shall have been appointed and duly qualified: Provided, That
members of the first Board to be appointed after the approval of this Act shall hold office for the following terms: Chairman
for three years, one member for two years and one member for one year: Provided, further, That any chairman or member
may be reappointed for another term of three years but in no case shall be serve continuously for more than six years. The
most senior member of the Board shall automatically be the Chairman.
The Chairman and members of the Board shall each receive the sum of ten pesos for each applicant examined regardless of
whether or not he is already in the government service when appointed.
Section 9. Removal of the Board members. The chairman or member of the Board may be removed by the President of the
Philippines if found guilty of neglect of duty, incompetence, malpractice, or unprofessional, unethical, immoral, or
dishonorable conduct, after having been given the opportunity to defend himself in a proper administrative investigation.
The President may in his discretion suspend such member under investigation: Provided, however, That the period of
suspension shall not exceed sixty days after which the latter shall be automatically reinstated pending the outcome of the
investigation.
Section 10. Executive Officer of the Board. The Commissioner of Civil Service shall be the Executive Officer of the Board
and shall conduct the examination given by it according to the rules and regulations promulgated by him and approved by
the President of the Philippines. The Secretary of the Board of Examiners in accordance with Republic Act Numbered Five

hundred and forty six shall also be the Secretary of the Board. To assist both officials, there shall be appointed from the
ranking employees of the Board of Examiners, an Assistant Secretary, a Legal Officer and a Records Officer with
compensation of eight thousand eight hundred thirty-two pesos, seven thousand two hundred thirty-six pesos and five
thousand nine hundred twenty-eight pesos, respectively who may also perform identical functions for the other existing
examination boards. All the records of the Board including examination papers, minutes of deliberation and records of
administrative proceedings shall be kept by the Secretary of the Board.
Section 11. Powers and duties of the Board. The Board of Pharmacy, conformably with the provisions of this Act is vested
with authority:
(a) To examine applicants for the practice of pharmacy;
(b) To issue certificates of registration or pharmacists.
(c) To reprimand any pharmacist or to suspend or revoke his certificate of registration on the grounds as
provided for in Section thirteen hereof, after a formal administrative investigation has been conducted by it.
(d) To promulgate from time to time the necessary rules and regulations for the effective enforcement of this
Act, subject to the approval of the President upon advice of the Commissioner of Civil Service;
(e) To study the conditions affecting the practice of pharmacy in the Philippines;
(f) To check the employment of qualified personnel in drug stores, hospital pharmacies, drug or
pharmaceutical laboratories, cosmetic laboratories and similar establishments for which the Board may
designate inspectors from the Board of Pharmacy; and
(g) To encourage the development of botanical gardens and their inspection particularly the propagation of
Philippine medicinal plants with the cooperation of the Department of Agriculture and Natural Resources.
Section 12. Detailmen, requirements, qualifications and fees. Any person who shall be employed as detailman by any
pharmaceutical or drug laboratory or other manufacturers of medical, dental pharmaceutical, biological and veterinary
products and by distributors, dealers or wholesalers of said products, doing business directly or indirectly in the Philippines,
shall be required, at the beginning of each year, to register with the Board of Pharmacy that he is employed as such.
(a) An applicant for registration shall be, preferably, a graduate of a college of pharmacy.
There shall be an initial fee of twenty pesos upon registration and thereafter fifteen pesos shall be charged

annually for renewal. Upon payment of said fees, the proper credential shall be issued to the applicant.
(b) It shall be incumbent upon the drug establishments referred to in this section to require that detailmen
employed or to be employed by them possess the necessary credentials issued by the Board of Pharmacy as
provided for herein.
For purposes of this section, a detailman is one who represents any duly authorized manufacturer, dealer, distributor,
representative or wholesaler of drugs, pharmaceuticals, biologic products and devices, whose primary duty is to introduce or
reacquaint a product or products prepared, distributed or made by said manufacturers, dealer, distributor, representative or
wholesaler to the physician, dentist, pharmacist, veterinarian or any other qualified person and which forms part of their
program for promotion by describing its use, composition, action, dosage, administration, contra-indication, advantages and
other salient information relative to said drug, pharmaceutical, biological product or device.
Section 13. Grounds for reprimand, suspension or revocation of registrant certificate. Any of the following shall be
sufficient ground for reprimanding a pharmacist, or for suspending or revoking his certificate of registration:
(a) Conviction by a court of competent jurisdiction of any violation as penalized in sections forty and fortyone hereof;
(b) Immoral or dishonorable conduct which includes conviction by a competent court of any criminal offense
involving moral turpitude;
(c) Fraud or deceit in the acquisition of the certificate of registration;
(d) Gross negligence, ignorance or incompetence in the practice of his profession resulting in the injury
damage or death of another;
(e) Malpractice, including aiding or abetting the commission of criminal abortion or sex crimes through
illegal compounding, dispensing or sale of abortive or sex drugs as the case may be;
(f) Acting as a dummy of an alien or of a person who is not qualified to establish and operate a retail
drugstore;
(g) Addiction to alcoholic beverage or to any habit-forming drug rendering him incompetent to practice his
profession;

(h) Insanity;
(i) False or extravagant or unethical advertisements wherein other things than his name, profession, limitation
of practice, office and home address and the like are mentioned; and
(j) Violations of any provision of the Code of Ethics which may be adopted as part of the Rules and
Regulations of the Board.
Section 14. Administrative Investigation. Administrative investigations shall be conducted by all the members of the Board
sitting en banc. The existing rules of evidence shall be observed as far as practicable during administrative investigations.
If the Board, by majority vote of the members, shall find that the charges are sustained by evidence adduced, it may at its
discretion reprimand the respondent or revoke or suspend his certificate of registration. In case of suspension, it shall be for
a period of not more than six months. Where the certificate of registration has been revoked as herein provided, the Board
may, after the expiration of six months and upon application, issue a new certificate of registration in place of a revoked
certificate without the necessity of undergoing any examination if the respondent in the meanwhile has conducted himself in
an exemplary manner.
Section 15. Procedure and rules. The Board of Pharmacy upon receipt of a formal complaint under oath against any
pharmacist, shall furnish the latter a copy of the complaint which he shall answer within ten days from receipt hereof. If the
Board of Pharmacy, after careful study of the records, finds that there is a valid grounds to the charge it shall conduct a
formal investigation setting the dates of hearing thereof. For this purpose, a subpoena or subpoena duces tecum may be
issued by the Chairman of the Board. The proceedings shall at all times be recorded. The investigation shall be terminated
and resolved within ninety days from the time of the first date of hearing has been set and heard.
Section 16. Right of respondent. The respondent pharmacist shall be entitled to be heard by himself or be represented by
counsel; to have a speedy and public hearing to confront and to cross-examine witnesses against him; to summon and
present witnesses in his behalf; and to any other process for the protection of his individual or civil rights.
Section 17. Appeal from judgment. The decision of the Board of Pharmacy shall automatically become final thirty days from
notice to respondent, unless the latter after receipt of the decision and within the same period has appealed to the President
of the Philippines.
Section 18. Candidate for board examination. A candidate for the board examination in Pharmacy shall have the following
qualifications:

(a) He shall be a natural-born citizen of the Philippines;

(b) He shall be of good moral character;
(c) He shall have completed an Internship Program which shall consist of at least nine hundred sixty hours,
one-half of which shall be spent equally distributed in a prescription pharmacy, a pharmaceutical
manufacturing laboratory and a hospital pharmacy duly accredited by the Council of Pharmacy and the rest of
the hours of internship shall be spent in any or all of the said establishments at the choice of the candidate.
For this purpose, the above-mentioned prescription pharmacy, pharmaceutical manufacturing laboratory and
hospital pharmacy shall keep a separate record of Pharmacy students who have undergone said internship
program directly under their control and as a result thereof shall issue the proper certificate of said hours of
internship. It shall also be the duty of said establishments to submit annually a complete report of the names
of those who have undergone training under their supervision and the corresponding number of hours of
internship credit of each of the pharmacy students to their respective colleges or school and to the Board of
Pharmacy for proper accreditation; and
(d) He shall have graduated with a degree of Bachelor of Science in Pharmacy or with an equivalent degree
from a school, college or university duly accredited by the Council of Pharmaceutical Education after
satisfactorily completing a standard pharmacy course of not less than five academic years.
Section 19. Scope of Examination. The pharmacist examination shall consist of both theoretical and practical examinations.
The theoretical examination shall include subjects in Chemistry, Biological Sciences and Pharmacy.
The Chemistry subjects shall include (1) General, Inorganic, Pharmaceutical and Physical Chemistry, (2) Organic and
Medicinal or Pharmaceutical Chemistry, (3) Qualitative, Quantitative and Drug Assaying. The Biological Science subjects
shall include (4) Physiology and Biochemistry, (5) Microbiology and Public Health, (6) Pharmacology and Toxicology. The
Pharmacy subjects shall include (7) Botany and Pharmacognosy, (8) General Pharmacy, (9) Compounding and Dispensing,
(10) Physical and Manufacturing Pharmacy, (11) Pharmacy Administration, and (12) Pharmaceutical Jurisprudence and
Ethics. The subjects shall be weighted as follows: Chemistry, thirty per cent; Biological Science, twenty per cent; Pharmacy,
fifty per cent.
The practical examination shall consist of (1) Identification and Analysis of Drugs, (2) Preparation of Official
Pharmaceuticals, (3) Compounding and Dispensing of Prescriptions and Fixing of Prices of Prescriptions, and (4)
Manufacturing Pharmacy and Quality Control. The practical examination shall be weighted as follows: Identification and
Analysis of Drugs, thirty per cent; Compounding of Official Pharmaceutical Preparations, Dispensing and Fixing of Price of
Prescription and Manufacturing Pharmacy and Quality Control, seventy per cent.

It shall be the duty of the Board of Pharmacy to prepare the schedules of the theoretical and practical examinations and the
syllabus of each subject to be given two months before the dates of the examination wherein they are to be used.
Section 20. Ratings required. In order to pass the examination, a candidate must obtain on the basis of one hundred per cent
a general average of seventy-five per cent or over in both the theoretical and practical examinations, with no ratings below
fifty per cent in more than two subjects in the theoretical examinations: Provided, That any candidate who passed in the
theoretical examination but failed in the practical examination, may, upon taking a re-examination, repeat only the practical
examination and vice-versa: Provided, further, That any candidate who fails to pass the theoretical or practical examination
in three successive attempts shall not be admitted in the fourth examination unless be could present to the Board a
certification that he had enrolled and undergone within the year preceding, a pre-board review course from a duly accredited
college of Pharmacy.
Section 21. Holding of examination. Examination for registration to practice pharmacy in the Philippines shall be given
twice a year in the City of Manila and environment as the Board of Pharmacy may fix.
Section 22. Fees for examination and registration. The Board of Pharmacy shall charge for each applicant for examination
the sum of fifty pesos, and after passing the Board examinations, for each certificate of registration twenty pesos; and for
each duplicate registration certificate, ten pesos. All fees shall be paid to the cashier of the Board of Examiners and all
expenses, including the fees of the Board members shall be disbursed by him from such funds.
ARTICLE IV
Practice of Pharmacy
Section 23. Definition of practice of pharmacy. A person shall be deemed to be practicing pharmacy within the meaning of
this Article, who shall, for fee, salary, percentage or other reward paid or given directly to himself or indirectly through
another, prepare or manufacture, analyze, assay, preserve, store, distribute or sell any medicine, drug, chemicals, cosmetics,
pharmaceuticals, devices or contrivances used in pursuance thereof; or render pharmaceutical service in any office or drug
and cosmetic establishment where scientific, technological or professional knowledge of Pharmacy is applied; or engage in
teaching scientific, technological or professional pharmacy subject in a college of pharmacy; or conduct or undertake
scientific pharmaceutical research for biological and bacteriological testings and examinations.
However, persons performing executive managerial or administrative functions and their subordinate personnel employed in
the pharmaceutical laboratories referred to in the second paragraph of Section twenty-seven hereof shall not be considered
for purposes of this definition, considered persons in the practice of pharmacy.
Section 24. Prerequisite for the practice of pharmacy. No person shall engage in the practice of pharmacy in the Philippines
unless he is at least twenty-one years of age, has satisfactorily passed the corresponding examination given by the Board of

Pharmacy, and is a holder of a valid certificate of registration duly issued to him by said Board.
Section 25. Sale of medicine, pharmaceuticals, drugs and devices. No medicine, pharmaceutical, or drug of whatever nature
and kind or device shall be compounded, dispensed, sold or resold, or otherwise be made available to the consuming public
except through a prescription drugstore or hospital pharmacy, duly established in accordance with the provisions of this Act.
Pharmaceutical, drug or biological manufacturing establishments, importers and wholesalers of drugs, medicines, or
biologic products are authorized to sell their products only at wholesale to duly established retail drugstore or hospital
pharmacies.
Section 26. Markings and inhibition to the sale of drug samples. No sample of any drug, biological product, device or
proprietary medicine, given or intended to be given for free to the physician and other qualified person by any manufacturer
or distributor of its representative or detailman as part of its program or promotion, may be sold.
The statement "Sample, not for sale" shall appear conspicuously on the container, package or carton of the drug or device to
be given.
Section 27. Pharmacist required and compensation. Every pharmacy, drugstore or hospital pharmacy whether owned by the
government or a private person or firm shall at all times when open for business be under the personal and immediate
supervision of a registered pharmacist: Provided, That no pharmacist shall have personal supervision of more than one such
establishment. In cases where a drug establishment operates in more than one shift, each shift must be under the supervision
and control of a registered pharmacists.
Drug or pharmaceutical laboratories or similar establishments engaged in the repackaging, manufacture or sale of drugs,
biologic products and pharmaceutical products in quantities greatly in excess of the therapeutic doses of each substance;
such processes involving the preparation, quality control or repackaging of said products shall for each respective operation
be under the direct and immediate supervision of a registered pharmacist, or, in the sale of pharmaceuticals, medicines and
drugs at wholesale, such business shall be conducted under the immediate supervision of a registered pharmacist practicing
only in such establishment.
Every pharmacist employed as such in any of the establishments mentioned in this section whose capitalization is not less
than ten thousand pesos shall receive, notwithstanding any provisions of law to the contrary, a minimum compensation
similar to that of government pharmacists.
Section 28. Display of certificate required. It shall be the duty of every pharmacist engaged in the practice of pharmacy
either on his own account or under the employ of another, to display his certificate of registration in a prominent and
conspicuous place in pharmacy, drugstore, hospital pharmacy or drug establishment which he operates or in which he is
employed. No pharmacist shall with his knowledge allow his certificate of registration to be displayed in such

establishments when he is not actually employed or operating therein in his professional capacity.
Section 29. Responsibility for quality of drugs. In cases of drugs, pharmaceuticals or poisons sold in their original packings,
the seal of which has not been broken or tampered with, the liability that may arise because of their quality and purity , rests
upon the manufacturer or in his absence, upon the importer, the distributor, representative or dealer who was responsible for
their distribution or sale.
It shall be unlawful for any reason, whoever, to manufacture, prepare, sell or administer any prescription, drug,
pharmaceutical or poison under any fraudulent name, direction or pretense or to adulterate any drug, pharmaceutical,
medicine or poison so used, sold or offered for sale. Any drug, pharmaceutical, medicine or poison shall be held to be
adulterated or deteriorated within the meaning of this section if it differs from the standard of quality or purity given in the
United States Pharmacopoeia or National Formulary, both in their latest edition or, in lieu thereof, in any standard reference
for drugs and medicines given official recognition; and those which fall within the meaning as provided for in the Food,
Drug and Cosmetic Act, (Republic Act Numbered Thirty-seven hundred twenty).
Section 30. Filling and refilling of prescription. No prescription shall be filled or compounded except by a registered
pharmacist in the employ of the drugstore or pharmacy. It shall be incumbent upon the pharmacist so compounding or filling
the prescription to see to it that every component of the prescription called for metes the standard or purity and quality given
in the standard references. Students undergoing pharmaceutical internship may assist said pharmacist in the compounding
and dispensing of the prescription called for.
No prescription shall be refilled except upon express order of the person so prescribing.
Section 31. Label of dispensed medicine. Upon every box, bottle, or other package containing medicine sold or dispensed by
a pharmacist based on prescription, there shall be pasted, affixed or imprinted a seal of label bearing, among others, the
name and address of pharmacy; the names and quantities of the ingredients; required doses thereof, its expiration date if any;
the name of the prescriber, date and the number of prescription; and the direction for its use.
Every prescription, which in its preparation, contains any quantity of a drug which is habit-forming, or a derivative of such
drug, shall have in the label attached to the container the added statement "Warning may be habit forming.
Every prescription for external use filled in the drugstore shall bear a red label showing in black ink the components of such
prescription and the words "For external use only" at the bottom of the label.
Section 32. Record books for prescription. All prescriptions dispersed in the drugstore shall be recorded in the book kept for
the purpose indicating therein, among others, the name of the manufacturer, the original stock, lot and control numbers of
the main ingredients of the prescriptions, which book shall be open to inspection by the proper authorities at any time of the
day when the pharmacy is open to the public and must be preserved for a period of not less than two years the last entry in it

has been made. All prescription shall be attached to said book for prescriptions and numbered consecutively and shall be
preserved for the same length of time as the prescription book.
Section 33. Inhibition against use of cipher or unusual terms in prescriptions and prescription switching. No pharmacist
shall compound or dispense prescriptions, recipes or formulas which are written in ciphers, codes or secret keys or in which
they are employed unusual names of drugs which differ from the names ordinarily used for such drugs in standard
pharmacopoeias or formularies.
No pharmacist dispensing or compounding prescriptions shall substitute the drug or drugs called for in the prescription with
any other drug or substance or ingredient without prior consultation with, and a written consent of, the person prescribing.
Section 34. Provisions relative to dispensing of violent poisons. Every pharmacist who dispenses, sells or otherwise delivers
any of the violent poisons intended for medicinal use, to wit: arsenical preparations, phosphorus; corrosive sublimate;
atropine, strychnine, or any of their salts, hycocyanic acid or any of its salts; oil of bitter almonds containing hydrocyanic
acid or prassic acid; oil of mirbane (Nitro-benzene); and such other poisonous substances which may from time to time be
classified under this category by the Food and Drug Administration; shall do so only upon prescription of a duly licensed
physician, dentist or veterinarian. He shall make or cause to be made in a separate book, kept for the purpose, an entry
stating the date of each sale and the name and address of the purchaser, the name and quantity of the poison sold and the
purpose for which it was claimed to be purchased, before delivering it to the purchaser.
No prescription, the prescribed dose of which contains a dangerous quantity of poison, shall be filled without first consulting
the prescribing authority and verifying the prescription. The pharmacist before delivery of such poison to the purchaser shall
acquaint the latter of its poisonous character.
The pharmacist shall also affix to every box, bottle or other package containing any dangerous or poisonous drug, another
label of red paper upon which shall be printed in large letters the word "Poison" and a vignette representing a skull and
bones before delivering it to the purchaser.
No poison specified in this section shall be sold or otherwise delivered to any person less than eighteen years of age or who
is mentally deranged or under the influence of liquor or one who is apparently addicted to opiate and other habit-forming
drugs.
The books kept for the purpose of recording the sale of violent poisons shall be open at all times to the inspection of the
proper authorities, and every such book shall be preserved for at least five years after the last entry in it has been made.
Should any of the poisons above-stated be intended for purposes other than medicinal, the same may be sold without a

prescription by the pharmacist but the other requirements of this section must be complied with.
Section 35. Provisions relative to dispensing of less violent poisons. Every pharmacist who dispenses, sells or delivers any
poison which is less violent in category as classified by the Food and Drug Administration may do so even without the
prescription of a physician and its sale may be recorded in the poison book. The other requirements as provided for in
Section thirty-four hereof, however, shall be complied with.
Section 36. Receptacle for poisonous drugs. The poisonous drugs specified in Section thirty-four and thirty-five hereof shall
be kept in a cabinet to be provided in every pharmacy carrying such drugs in stock and the same shall be kept securelylocked when not in use.
Section 37. Provisions relative to dispensing of abolifecients or anti-conceptional substances and devices. No drug or
chemical product or device capable of provoking abortion or preventing conception as classified by the Food and Drug
Administration shall be delivered or sold to any person without a proper prescription by a duly licensed physician.
The pharmacist in charge of a drug store or pharmacy after filling a prescription containing abortive or anti-conceptional
substance or devices shall record in a separate register book for abortives and anti-conceptionals, the following data;
(a) Number and date of the prescription;
(b) Name and address of the physician;
(c) Name, quantity and manufacturer of the drug;
(d) Name and address of the purchaser;
(e) Date of filling the prescription; and
(f) Signature of the pharmacist filling the prescription.
Section 38. Provisions relative to dispensing of potent drugs. Every pharmacist who dispenses, sells or delivers any drug,
which falls under the classification of the Food and Drug Administration as potent drugs shall do so only upon prescription
of a duly licensed physician, dentist or veterinarian.
Section 39. Requirements for the opening and operation of drugstores and pharmacies. The minimum requirements
necessary for the opening and operation of drugstores and pharmacies shall be in accordance with the rules and regulations
to be prescribed by the Food and Drug Administration in accordance with the provisions of this Act. Only natural-born

Filipino citizens who are registered pharmacists can apply for the opening of a retail drugstore.
Section 40. Penal provisions. Any person who shall violate any of the provisions of Sections twelve, twenty-four, twentyfive, twenty-six, twenty-seven and twenty-nine of this Act or any person who shall make false representation to procure a
registration certificate as pharmacist for himself or for another; or any person who shall allow anyone in his employ who is
not a registered pharmacist to engage in the practice of pharmacy; or any person who shall falsely display within the
establishment the certificate of registration of a pharmacist who is not actually and regularly employed therein as such or to
act as a dummy for any alien or an unqualified person for the purpose of opening and operating a retail drugstore; shall,
upon conviction thereof, be sentenced to a fine of not less than one thousand pesos but not exceeding four thousand pesos or
to an imprisonment of not less than six months and one day but not more than four years, in the discretion of the court.
Section 41. Other penalties. Any pharmacist who shall violate any of the provisions of Sections twenty-eight, thirty, thirtyone, thirty-two, thirty-three, thirty-four, thirty-five, thirty-seven and thirty-eight of this Act or any pharmacist after his
certificate of registration has been lawfully suspended or revoked, who continues to engage in the practice of pharmacy,
shall, upon conviction thereof, be sentenced to a fine of not less than one hundred pesos but shall not exceed five hundred
pesos or to an imprisonment of not less than thirty days but not more than four months, in the discretion of the court.
Any person other than citizens of the Philippines having been found guilty of any violation as provided for in this and the
preceding section shall, after having paid the fine or having served his sentence or both when so required be also subject to
deportation.
Section 42. Definition of terms. For purposes of this Act, the term (a) "Pharmacy" or "Drug Store" means a place or
establishment where drugs, chemical products, active principles of drugs, pharmaceuticals, proprietary medicines or
pharmaceutical specialties, devices, and poisons are sold at retail and where medical, dental and veterinary prescriptions are
compounded and dispensed.
(b) "Drug or Pharmaceutical Laboratory" or Pharmaceutical Manufacturing Laboratory" means an
establishment where pharmaceuticals, proprietary medicines or pharmaceutical specialties are prepared,
compounded, standardized and distributed or sold.
(c) "Wholesaler" means and includes every person who acts as a jobber, merchant, broker or agent, who sells
or distributes for resale pharmaceuticals, proprietary medicines or pharmaceutical specialties.
(d) "Person" means and includes an individual, partnership, corporation or association.
(e) "Drug" means (1) articles recognized in the official United States Pharmacopoeia, official Hemeopathic
Pharmacopoeia of the United States or official National Formulary, or any of their supplements; (2) articles
intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in man or animals; (3)

articles (other than food) intended to effect the structure or any function of the body of man or animals; and
(4) articles intended for use as a component of any articles specified in clauses (1), (2), or (3), but not include
devices or their components, parts or accessories.
(f) "Pharmaceuticals", "Proprietary Medicines" or "Pharmaceutical Specialties" means any drug, preparation
or mixture of drugs marked under a trade name and intended for the cure, mitigation or prevention of disease
in man or animals.
(g) "Device" means instruments, apparatus or contrivances including their components, parts and accessories,
intended (1) for use in the diagnosis, cure, mitigation, treatment or prevention of disease in man or animals;
or
(2) to effect the structure or any function of the body of man or animals.
(h) "Biologic Products" are viruses, sera, toxins and analogous products used for the prevention or cure of
human diseases.
(i) "Poison" is any drug, active principle, or preparation of the same, capable of destroying life or seriously
endangering health when applied externally to the body or introduced internally in moderate doses.
(j) "Cipher" means a method of secret writing that substitutes other letters or characters for the letter intended
or transposes the letter after arranging them in blocks or squares.
(k) "Code" means a system of words or other symbols arbitrarily used to represent words.
(l) "Secret Keys" means a characteristics style or symbols kept from the knowledge of others or disclosed
confidentially to but one of few.
Section 43. Final Provisions. To carry out the provisions of this Act, there is hereby authorized to be appropriated, out of
any funds in the National Treasury not otherwise appropriated, the sum of thirty thousand pesos within the fiscal year of the
approval hereof. Thereafter, such funds as are necessary for the maintenance and operation of the Board of Pharmacy and of
the Council of Pharmaceutical Education shall be included in the annual General Appropriations Act.
Section 44. Repealing clause. The following are hereby repealed: Sections seven hundred seventeen to seven hundred fiftyseven inclusive, Sections two thousand six hundred seventy-five to two thousand six hundred seventy-seven inclusive of the
Revised Administrative Code, as amended; and such other laws or part of laws, executive orders, administrative orders;

circulars, regulations and memoranda inconsistent or incompatible with this Act.

Section 45. Separability of provisions. If any part, section or provision of this Act shall be held invalid or unconstitutional,
no other part, section or provision thereof shall be affected thereby.
Section 46. Effectivity. This Act shall take effect upon its approval.
Approved: June 21, 1969

Congress of the Philippines

Twelfth Congress
First Regular Session
REPUBLIC ACT NO. 9165

June 7, 2002

AN ACT INSTITUTING THE COMPREHENSIVE DANGEROUS DRUGS ACT OF 2002, REPEALING REPUBLIC ACT NO. 6425,
OTHERWISE KNOWN AS THE DANGEROUS DRUGS ACT OF 1972, AS AMENDED, PROVIDING FUNDS THEREFOR, AND FOR
OTHER PURPOSES
Be it enacted by the Senate and House of Representatives of the Philippines in Congress
Section 1. Short Title. This Act shall be known and cited as the "Comprehensive Dangerous Drugs Act of 2002".
Section 2. Declaration of Policy. It is the policy of the State to safeguard the integrity of its territory and the well-being of its citizenry particularly
the youth, from the harmful effects of dangerous drugs on their physical and mental well-being, and to defend the same against acts or omissions

detrimental to their development and preservation. In view of the foregoing, the State needs to enhance further the efficacy of the law against
dangerous drugs, it being one of today's more serious social ills.
Toward this end, the government shall pursue an intensive and unrelenting campaign against the trafficking and use of dangerous drugs and other
similar substances through an integrated system of planning, implementation and enforcement of anti-drug abuse policies, programs, and projects.
The government shall however aim to achieve a balance in the national drug control program so that people with legitimate medical needs are not
prevented from being treated with adequate amounts of appropriate medications, which include the use of dangerous drugs.
It is further declared the policy of the State to provide effective mechanisms or measures to re-integrate into society individuals who have fallen
victims to drug abuse or dangerous drug dependence through sustainable programs of treatment and rehabilitation.
ARTICLE I
Definition of terms
Section 3. Definitions. As used in this Act, the following terms shall mean:
(a) Administer. Any act of introducing any dangerous drug into the body of any person, with or without his/her knowledge, by injection, inhalation,
ingestion or other means, or of committing any act of indispensable assistance to a person in administering a dangerous drug to himself/herself unless
administered by a duly licensed practitioner for purposes of medication.
(b) Board. - Refers to the Dangerous Drugs Board under Section 77, Article IX of this Act.
(c) Centers. - Any of the treatment and rehabilitation centers for drug dependents referred to in Section 34, Article VIII of this Act.
(d) Chemical Diversion. The sale, distribution, supply or transport of legitimately imported, in-transit, manufactured or procured controlled
precursors and essential chemicals, in diluted, mixtures or in concentrated form, to any person or entity engaged in the manufacture of any dangerous
drug, and shall include packaging, repackaging, labeling, relabeling or concealment of such transaction through fraud, destruction of documents,
fraudulent use of permits, misdeclaration, use of front companies or mail fraud.
(e) Clandestine Laboratory. Any facility used for the illegal manufacture of any dangerous drug and/or controlled precursor and essential chemical.
(f) Confirmatory Test. An analytical test using a device, tool or equipment with a different chemical or physical principle that is more specific
which will validate and confirm the result of the screening test.
(g) Controlled Delivery. The investigative technique of allowing an unlawful or suspect consignment of any dangerous drug and/or controlled
precursor and essential chemical, equipment or paraphernalia, or property believed to be derived directly or indirectly from any offense, to pass into,

through or out of the country under the supervision of an authorized officer, with a view to gathering evidence to identify any person involved in any
dangerous drugs related offense, or to facilitate prosecution of that offense.
(h) Controlled Precursors and Essential Chemicals. Include those listed in Tables I and II of the 1988 UN Convention Against Illicit Traffic in
Narcotic Drugs and Psychotropic Substances as enumerated in the attached annex, which is an integral part of this Act.
(i) Cultivate or Culture. Any act of knowingly planting, growing, raising, or permitting the planting, growing or raising of any plant which is the
source of a dangerous drug.
(j) Dangerous Drugs. Include those listed in the Schedules annexed to the 1961 Single Convention on Narcotic Drugs, as amended by the 1972
Protocol, and in the Schedules annexed to the 1971 Single Convention on Psychotropic Substances as enumerated in the attached annex which is an
integral part of this Act.
(k) Deliver. Any act of knowingly passing a dangerous drug to another, personally or otherwise, and by any means, with or without consideration.
(l) Den, Dive or Resort. A place where any dangerous drug and/or controlled precursor and essential chemical is administered, delivered, stored for
illegal purposes, distributed, sold or used in any form.
(m) Dispense. Any act of giving away, selling or distributing medicine or any dangerous drug with or without the use of prescription.
(n) Drug Dependence. As based on the World Health Organization definition, it is a cluster of physiological, behavioral and cognitive phenomena
of variable intensity, in which the use of psychoactive drug takes on a high priority thereby involving, among others, a strong desire or a sense of
compulsion to take the substance and the difficulties in controlling substance-taking behavior in terms of its onset, termination, or levels of use.
(o) Drug Syndicate. Any organized group of two (2) or more persons forming or joining together with the intention of committing any offense
prescribed under this Act.
(p) Employee of Den, Dive or Resort. The caretaker, helper, watchman, lookout, and other persons working in the den, dive or resort, employed by
the maintainer, owner and/or operator where any dangerous drug and/or controlled precursor and essential chemical is administered, delivered,
distributed, sold or used, with or without compensation, in connection with the operation thereof.
(q) Financier. Any person who pays for, raises or supplies money for, or underwrites any of the illegal activities prescribed under this Act.
(r) Illegal Trafficking. The illegal cultivation, culture, delivery, administration, dispensation, manufacture, sale, trading, transportation, distribution,
importation, exportation and possession of any dangerous drug and/or controlled precursor and essential chemical.
(s) Instrument. Any thing that is used in or intended to be used in any manner in the commission of illegal drug trafficking or related offenses.

(t) Laboratory Equipment. The paraphernalia, apparatus, materials or appliances when used, intended for use or designed for use in the manufacture
of any dangerous drug and/or controlled precursor and essential chemical, such as reaction vessel, preparative/purifying equipment, fermentors,
separatory funnel, flask, heating mantle, gas generator, or their substitute.
(u) Manufacture. The production, preparation, compounding or processing of any dangerous drug and/or controlled precursor and essential
chemical, either directly or indirectly or by extraction from substances of natural origin, or independently by means of chemical synthesis or by a
combination of extraction and chemical synthesis, and shall include any packaging or repackaging of such substances, design or configuration of its
form, or labeling or relabeling of its container; except that such terms do not include the preparation, compounding, packaging or labeling of a drug
or other substances by a duly authorized practitioner as an incident to his/her administration or dispensation of such drug or substance in the course of
his/her professional practice including research, teaching and chemical analysis of dangerous drugs or such substances that are not intended for sale
or for any other purpose.
(v) Cannabis or commonly known as "Marijuana" or "Indian Hemp" or by its any other name. Embraces every kind, class, genus, or specie of the
plant Cannabis sativa L. including, but not limited to, Cannabis americana, hashish, bhang, guaza, churrus and ganjab, and embraces every kind,
class and character of marijuana, whether dried or fresh and flowering, flowering or fruiting tops, or any part or portion of the plant and seeds
thereof, and all its geographic varieties, whether as a reefer, resin, extract, tincture or in any form whatsoever.
(w) Methylenedioxymethamphetamine (MDMA) or commonly known as "Ecstasy", or by its any other name. Refers to the drug having such
chemical composition, including any of its isomers or derivatives in any form.
(x) Methamphetamine Hydrochloride or commonly known as "Shabu", "Ice", "Meth", or by its any other name. Refers to the drug having such
chemical composition, including any of its isomers or derivatives in any form.
(y) Opium. Refers to the coagulated juice of the opium poppy (Papaver somniferum L.) and embraces every kind, class and character of opium,
whether crude or prepared; the ashes or refuse of the same; narcotic preparations thereof or therefrom; morphine or any alkaloid of opium;
preparations in which opium, morphine or any alkaloid of opium enters as an ingredient; opium poppy; opium poppy straw; and leaves or wrappings
of opium leaves, whether prepared for use or not.
(z) Opium Poppy. Refers to any part of the plant of the species Papaver somniferum L., Papaver setigerum DC, Papaver orientale, Papaver
bracteatum and Papaver rhoeas, which includes the seeds, straws, branches, leaves or any part thereof, or substances derived therefrom, even for
floral, decorative and culinary purposes.
(aa) PDEA. Refers to the Philippine Drug Enforcement Agency under Section 82, Article IX of this Act.
(bb) Person. Any entity, natural or juridical, including among others, a corporation, partnership, trust or estate, joint stock company, association,
syndicate, joint venture or other unincorporated organization or group capable of acquiring rights or entering into obligations.
(cc) Planting of Evidence. The willful act by any person of maliciously and surreptitiously inserting, placing, adding or attaching directly or
indirectly, through any overt or covert act, whatever quantity of any dangerous drug and/or controlled precursor and essential chemical in the person,

house, effects or in the immediate vicinity of an innocent individual for the purpose of implicating, incriminating or imputing the commission of any
violation of this Act.
(dd) Practitioner. Any person who is a licensed physician, dentist, chemist, medical technologist, nurse, midwife, veterinarian or pharmacist in the
Philippines.
(ee) Protector/Coddler. Any person who knowingly and willfully consents to the unlawful acts provided for in this Act and uses his/her influence,
power or position in shielding, harboring, screening or facilitating the escape of any person he/she knows, or has reasonable grounds to believe on or
suspects, has violated the provisions of this Act in order to prevent the arrest, prosecution and conviction of the violator.
(ff) Pusher. Any person who sells, trades, administers, dispenses, delivers or gives away to another, on any terms whatsoever, or distributes,
dispatches in transit or transports dangerous drugs or who acts as a broker in any of such transactions, in violation of this Act.
(gg) School. Any educational institution, private or public, undertaking educational operation for pupils/students pursuing certain studies at defined
levels, receiving instructions from teachers, usually located in a building or a group of buildings in a particular physical or cyber site.
(hh) Screening Test. A rapid test performed to establish potential/presumptive positive result.
(ii) Sell. Any act of giving away any dangerous drug and/or controlled precursor and essential chemical whether for money or any other
consideration.
(jj) Trading. Transactions involving the illegal trafficking of dangerous drugs and/or controlled precursors and essential chemicals using electronic
devices such as, but not limited to, text messages, email, mobile or landlines, two-way radios, internet, instant messengers and chat rooms or acting
as a broker in any of such transactions whether for money or any other consideration in violation of this Act.
(kk) Use. Any act of injecting, intravenously or intramuscularly, of consuming, either by chewing, smoking, sniffing, eating, swallowing, drinking
or otherwise introducing into the physiological system of the body, and of the dangerous drugs.
ARTICLE II
Unlawful Acts and Penalties
Section 4. Importation of Dangerous Drugs and/or Controlled Precursors and Essential Chemicals.- .The penalty of life imprisonment to death and a
ranging from Five hundred thousand pesos (P500,000.00) to Ten million pesos (P10,000,000.00) shall be imposed upon any person, who, unless
authorized by law, shall import or bring into the Philippines any dangerous drug, regardless of the quantity and purity involved, including any and all
species of opium poppy or any part thereof or substances derived therefrom even for floral, decorative and culinary purposes.

The penalty of imprisonment ranging from twelve (12) years and one (1) day to twenty (20) years and a fine ranging from One hundred thousand
pesos (P100,000.00) to Five hundred thousand pesos (P500,000.00) shall be imposed upon any person, who, unless authorized by law, shall import
any controlled precursor and essential chemical.
The maximum penalty provided for under this Section shall be imposed upon any person, who, unless authorized under this Act, shall import or bring
into the Philippines any dangerous drug and/or controlled precursor and essential chemical through the use of a diplomatic passport, diplomatic
facilities or any other means involving his/her official status intended to facilitate the unlawful entry of the same. In addition, the diplomatic passport
shall be confiscated and canceled.
The maximum penalty provided for under this Section shall be imposed upon any person, who organizes, manages or acts as a "financier" of any of
the illegal activities prescribed in this Section.
The penalty of twelve (12) years and one (1) day to twenty (20) years of imprisonment and a fine ranging from One hundred thousand pesos
(P100,000.00) to Five hundred thousand pesos (P500,000.00) shall be imposed upon any person, who acts as a "protector/coddler" of any violator of
the provisions under this Section.
Section 5. Sale, Trading, Administration, Dispensation, Delivery, Distribution and Transportation of Dangerous Drugs and/or Controlled Precursors
and Essential Chemicals. - The penalty of life imprisonment to death and a fine ranging from Five hundred thousand pesos (P500,000.00) to Ten
million pesos (P10,000,000.00) shall be imposed upon any person, who, unless authorized by law, shall sell, trade, administer, dispense, deliver, give
away to another, distribute dispatch in transit or transport any dangerous drug, including any and all species of opium poppy regardless of the
quantity and purity involved, or shall act as a broker in any of such transactions.
The penalty of imprisonment ranging from twelve (12) years and one (1) day to twenty (20) years and a fine ranging from One hundred thousand
pesos (P100,000.00) to Five hundred thousand pesos (P500,000.00) shall be imposed upon any person, who, unless authorized by law, shall sell,
trade, administer, dispense, deliver, give away to another, distribute, dispatch in transit or transport any controlled precursor and essential chemical,
or shall act as a broker in such transactions.
If the sale, trading, administration, dispensation, delivery, distribution or transportation of any dangerous drug and/or controlled precursor and
essential chemical transpires within one hundred (100) meters from the school, the maximum penalty shall be imposed in every case.
For drug pushers who use minors or mentally incapacitated individuals as runners, couriers and messengers, or in any other capacity directly
connected to the dangerous drugs and/or controlled precursors and essential chemical trade, the maximum penalty shall be imposed in every case.
If the victim of the offense is a minor or a mentally incapacitated individual, or should a dangerous drug and/or a controlled precursor and essential
chemical involved in any offense herein provided be the proximate cause of death of a victim thereof, the maximum penalty provided for under this
Section shall be imposed.
The maximum penalty provided for under this Section shall be imposed upon any person who organizes, manages or acts as a "financier" of any of
the illegal activities prescribed in this Section.

The penalty of twelve (12) years and one (1) day to twenty (20) years of imprisonment and a fine ranging from One hundred thousand pesos
(P100,000.00) to Five hundred thousand pesos (P500,000.00) shall be imposed upon any person, who acts as a "protector/coddler" of any violator of
the provisions under this Section.
Section 6. Maintenance of a Den, Dive or Resort. - The penalty of life imprisonment to death and a fine ranging from Five hundred thousand pesos
(P500,000.00) to Ten million pesos (P10,000,000.00) shall be imposed upon any person or group of persons who shall maintain a den, dive or resort
where any dangerous drug is used or sold in any form.
The penalty of imprisonment ranging from twelve (12) years and one (1) day to twenty (20) years and a fine ranging from One hundred thousand
pesos (P100,000.00) to Five hundred thousand pesos (P500,000.00) shall be imposed upon any person or group of persons who shall maintain a den,
dive, or resort where any controlled precursor and essential chemical is used or sold in any form.
The maximum penalty provided for under this Section shall be imposed in every case where any dangerous drug is administered, delivered or sold to
a minor who is allowed to use the same in such a place.
Should any dangerous drug be the proximate cause of the death of a person using the same in such den, dive or resort, the penalty of death and a fine
ranging from One million (P1,000,000.00) to Fifteen million pesos (P500,000.00) shall be imposed on the maintainer, owner and/or operator.
If such den, dive or resort is owned by a third person, the same shall be confiscated and escheated in favor of the government: Provided, That the
criminal complaint shall specifically allege that such place is intentionally used in the furtherance of the crime: Provided, further, That the
prosecution shall prove such intent on the part of the owner to use the property for such purpose: Provided, finally, That the owner shall be included
as an accused in the criminal complaint.
The maximum penalty provided for under this Section shall be imposed upon any person who organizes, manages or acts as a "financier" of any of
the illegal activities prescribed in this Section.
The penalty twelve (12) years and one (1) day to twenty (20) years of imprisonment and a fine ranging from One hundred thousand pesos
(P100,000.00) to Five hundred thousand pesos (P500,000.00) shall be imposed upon any person, who acts as a "protector/coddler" of any violator of
the provisions under this Section.
Section 7. Employees and Visitors of a Den, Dive or Resort. - The penalty of imprisonment ranging from twelve (12) years and one (1) day to twenty
(20) years and a fine ranging from One hundred thousand pesos (P100,000.00) to Five hundred thousand pesos (P500,000.00) shall be imposed upon:
(a) Any employee of a den, dive or resort, who is aware of the nature of the place as such; and
(b) Any person who, not being included in the provisions of the next preceding, paragraph, is aware of the nature of the place as such and
shall knowingly visit the same

Section 8. Manufacture of Dangerous Drugs and/or Controlled Precursors and Essential Chemicals. - The penalty of life imprisonment to death and
a fine ranging Five hundred thousand pesos (P500,000.00) to Ten million pesos (P10,000,000.00) shall be imposed upon any person, who, unless
authorized by law, shall engage in the manufacture of any dangerous drug.
The penalty of imprisonment ranging from twelve (12) years and one (1) day to twenty (20) years and a fine ranging from One hundred thousand
pesos (P100,000.00) to Five hundred thousand pesos (P500,000.00) shall be imposed upon any person, who, unless authorized by law, shall
manufacture any controlled precursor and essential chemical.
The presence of any controlled precursor and essential chemical or laboratory equipment in the clandestine laboratory is a prima facie proof of
manufacture of any dangerous drug. It shall be considered an aggravating circumstance if the clandestine laboratory is undertaken or established
under the following circumstances:
(a) Any phase of the manufacturing process was conducted in the presence or with the help of minor/s:
(b) Any phase or manufacturing process was established or undertaken within one hundred (100) meters of a residential, business, church or
school premises;
(c) Any clandestine laboratory was secured or protected with booby traps;
(d) Any clandestine laboratory was concealed with legitimate business operations; or
(e) Any employment of a practitioner, chemical engineer, public official or foreigner.
The maximum penalty provided for under this Section shall be imposed upon any person, who organizes, manages or acts as a "financier" of any of
the illegal activities prescribed in this Section.
The penalty of twelve (12) years and one (1) day to twenty (20) years of imprisonment and a fine ranging from One hundred thousand pesos
(P100,000.00) to Five hundred thousand pesos (P500,000.00) shall be imposed upon any person, who acts as a "protector/coddler" of any violator of
the provisions under this Section.
Section 9. Illegal Chemical Diversion of Controlled Precursors and Essential Chemicals. - The penalty of imprisonment ranging from twelve (12)
years and one (1) day to twenty (20) years and a fine ranging from One hundred thousand pesos (P100,000.00) to Five hundred thousand pesos
(P500,000.00) shall be imposed upon any person, who, unless authorized by law, shall illegally divert any controlled precursor and essential
chemical.
Section 10. Manufacture or Delivery of Equipment, Instrument, Apparatus, and Other Paraphernalia for Dangerous Drugs and/or Controlled
Precursors and Essential Chemicals. - The penalty of imprisonment ranging from twelve (12) years and one (1) day to twenty (20) years and a fine
ranging from One hundred thousand pesos (P100,000.00) to Five hundred thousand pesos (P500,000.00) shall be imposed upon any person who shall

deliver, possess with intent to deliver, or manufacture with intent to deliver equipment, instrument, apparatus and other paraphernalia for dangerous
drugs, knowing, or under circumstances where one reasonably should know, that it will be used to plant, propagate, cultivate, grow, harvest,
manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain or conceal any dangerous drug and/or
controlled precursor and essential chemical in violation of this Act.
The penalty of imprisonment ranging from six (6) months and one (1) day to four (4) years and a fine ranging from Ten thousand pesos (P10,000.00)
to Fifty thousand pesos (P50,000.00) shall be imposed if it will be used to inject, ingest, inhale or otherwise introduce into the human body a
dangerous drug in violation of this Act.
The maximum penalty provided for under this Section shall be imposed upon any person, who uses a minor or a mentally incapacitated individual to
deliver such equipment, instrument, apparatus and other paraphernalia for dangerous drugs.
Section 11. Possession of Dangerous Drugs. - The penalty of life imprisonment to death and a fine ranging from Five hundred thousand pesos
(P500,000.00) to Ten million pesos (P10,000,000.00) shall be imposed upon any person, who, unless authorized by law, shall possess any dangerous
drug in the following quantities, regardless of the degree of purity thereof:
(1) 10 grams or more of opium;
(2) 10 grams or more of morphine;
(3) 10 grams or more of heroin;
(4) 10 grams or more of cocaine or cocaine hydrochloride;
(5) 50 grams or more of methamphetamine hydrochloride or "shabu";
(6) 10 grams or more of marijuana resin or marijuana resin oil;
(7) 500 grams or more of marijuana; and
(8) 10 grams or more of other dangerous drugs such as, but not limited to, methylenedioxymethamphetamine (MDA) or "ecstasy",
paramethoxyamphetamine (PMA), trimethoxyamphetamine (TMA), lysergic acid diethylamine (LSD), gamma hydroxyamphetamine (GHB),
and those similarly designed or newly introduced drugs and their derivatives, without having any therapeutic value or if the quantity
possessed is far beyond therapeutic requirements, as determined and promulgated by the Board in accordance to Section 93, Article XI of this
Act.
Otherwise, if the quantity involved is less than the foregoing quantities, the penalties shall be graduated as follows:

(1) Life imprisonment and a fine ranging from Four hundred thousand pesos (P400,000.00) to Five hundred thousand pesos (P500,000.00), if
the quantity of methamphetamine hydrochloride or "shabu" is ten (10) grams or more but less than fifty (50) grams;
(2) Imprisonment of twenty (20) years and one (1) day to life imprisonment and a fine ranging from Four hundred thousand pesos
(P400,000.00) to Five hundred thousand pesos (P500,000.00), if the quantities of dangerous drugs are five (5) grams or more but less than ten
(10) grams of opium, morphine, heroin, cocaine or cocaine hydrochloride, marijuana resin or marijuana resin oil, methamphetamine
hydrochloride or "shabu", or other dangerous drugs such as, but not limited to, MDMA or "ecstasy", PMA, TMA, LSD, GHB, and those
similarly designed or newly introduced drugs and their derivatives, without having any therapeutic value or if the quantity possessed is far
beyond therapeutic requirements; or three hundred (300) grams or more but less than five (hundred) 500) grams of marijuana; and
(3) Imprisonment of twelve (12) years and one (1) day to twenty (20) years and a fine ranging from Three hundred thousand pesos
(P300,000.00) to Four hundred thousand pesos (P400,000.00), if the quantities of dangerous drugs are less than five (5) grams of opium,
morphine, heroin, cocaine or cocaine hydrochloride, marijuana resin or marijuana resin oil, methamphetamine hydrochloride or "shabu", or
other dangerous drugs such as, but not limited to, MDMA or "ecstasy", PMA, TMA, LSD, GHB, and those similarly designed or newly
introduced drugs and their derivatives, without having any therapeutic value or if the quantity possessed is far beyond therapeutic
requirements; or less than three hundred (300) grams of marijuana.
Section 12. Possession of Equipment, Instrument, Apparatus and Other Paraphernalia for Dangerous Drugs. - The penalty of imprisonment ranging
from six (6) months and one (1) day to four (4) years and a fine ranging from Ten thousand pesos (P10,000.00) to Fifty thousand pesos (P50,000.00)
shall be imposed upon any person, who, unless authorized by law, shall possess or have under his/her control any equipment, instrument, apparatus
and other paraphernalia fit or intended for smoking, consuming, administering, injecting, ingesting, or introducing any dangerous drug into the body:
Provided, That in the case of medical practitioners and various professionals who are required to carry such equipment, instrument, apparatus and
other paraphernalia in the practice of their profession, the Board shall prescribe the necessary implementing guidelines thereof.
The possession of such equipment, instrument, apparatus and other paraphernalia fit or intended for any of the purposes enumerated in the preceding
paragraph shall be prima facie evidence that the possessor has smoked, consumed, administered to himself/herself, injected, ingested or used a
dangerous drug and shall be presumed to have violated Section 15 of this Act.
Section 13. Possession of Dangerous Drugs During Parties, Social Gatherings or Meetings. Any person found possessing any dangerous drug
during a party, or at a social gathering or meeting, or in the proximate company of at least two (2) persons, shall suffer the maximum penalties
provided for in Section 11 of this Act, regardless of the quantity and purity of such dangerous drugs.
Section 14. Possession of Equipment, Instrument, Apparatus and Other Paraphernalia for Dangerous Drugs During Parties, Social Gatherings or
Meetings. - The maximum penalty provided for in Section 12 of this Act shall be imposed upon any person, who shall possess or have under his/her
control any equipment, instrument, apparatus and other paraphernalia fit or intended for smoking, consuming, administering, injecting, ingesting, or
introducing any dangerous drug into the body, during parties, social gatherings or meetings, or in the proximate company of at least two (2) persons.
Section 15. Use of Dangerous Drugs. A person apprehended or arrested, who is found to be positive for use of any dangerous drug, after a
confirmatory test, shall be imposed a penalty of a minimum of six (6) months rehabilitation in a government center for the first offense, subject to the

provisions of Article VIII of this Act. If apprehended using any dangerous drug for the second time, he/she shall suffer the penalty of imprisonment
ranging from six (6) years and one (1) day to twelve (12) years and a fine ranging from Fifty thousand pesos (P50,000.00) to Two hundred thousand
pesos (P200,000.00): Provided, That this Section shall not be applicable where the person tested is also found to have in his/her possession such
quantity of any dangerous drug provided for under Section 11 of this Act, in which case the provisions stated therein shall apply.
Section 16. Cultivation or Culture of Plants Classified as Dangerous Drugs or are Sources Thereof. - The penalty of life imprisonment to death and a
fine ranging from Five hundred thousand pesos (P500,000.00) to Ten million pesos (P10,000,000.00) shall be imposed upon any person, who shall
plant, cultivate or culture marijuana, opium poppy or any other plant regardless of quantity, which is or may hereafter be classified as a dangerous
drug or as a source from which any dangerous drug may be manufactured or derived: Provided, That in the case of medical laboratories and medical
research centers which cultivate or culture marijuana, opium poppy and other plants, or materials of such dangerous drugs for medical experiments
and research purposes, or for the creation of new types of medicine, the Board shall prescribe the necessary implementing guidelines for the proper
cultivation, culture, handling, experimentation and disposal of such plants and materials.
The land or portions thereof and/or greenhouses on which any of said plants is cultivated or cultured shall be confiscated and escheated in favor of
the State, unless the owner thereof can prove lack of knowledge of such cultivation or culture despite the exercise of due diligence on his/her part. If
the land involved is part of the public domain, the maximum penalty provided for under this Section shall be imposed upon the offender.
The maximum penalty provided for under this Section shall be imposed upon any person, who organizes, manages or acts as a "financier" of any of
the illegal activities prescribed in this Section.
The penalty of twelve (12) years and one (1) day to twenty (20) years of imprisonment and a fine ranging from One hundred thousand pesos
(P100,000.00) to Five hundred thousand pesos (P500,000.00) shall be imposed upon any person, who acts as a "protector/coddler" of any violator of
the provisions under this Section.
Section 17. Maintenance and Keeping of Original Records of Transactions on Dangerous Drugs and/or Controlled Precursors and Essential
Chemicals. - The penalty of imprisonment ranging from one (1) year and one (1) day to six (6) years and a fine ranging from Ten thousand pesos
(P10,000.00) to Fifty thousand pesos (P50,000.00) shall be imposed upon any practitioner, manufacturer, wholesaler, importer, distributor, dealer or
retailer who violates or fails to comply with the maintenance and keeping of the original records of transactions on any dangerous drug and/or
controlled precursor and essential chemical in accordance with Section 40 of this Act.
An additional penalty shall be imposed through the revocation of the license to practice his/her profession, in case of a practitioner, or of the business,
in case of a manufacturer, seller, importer, distributor, dealer or retailer.
Section 18. Unnecessary Prescription of Dangerous Drugs. The penalty of imprisonment ranging from twelve (12) years and one (1) day to twenty
(20) years and a fine ranging from One hundred thousand pesos (P100,000.00) to Five hundred thousand pesos (P500,000.00) and the additional
penalty of the revocation of his/her license to practice shall be imposed upon the practitioner, who shall prescribe any dangerous drug to any person
whose physical or physiological condition does not require the use or in the dosage prescribed therein, as determined by the Board in consultation
with recognized competent experts who are authorized representatives of professional organizations of practitioners, particularly those who are
involved in the care of persons with severe pain.

Section 19. Unlawful Prescription of Dangerous Drugs. The penalty of life imprisonment to death and a fine ranging from Five hundred thousand
pesos (P500,000.00) to Ten million pesos (P10,000,000.00) shall be imposed upon any person, who, unless authorized by law, shall make or issue a
prescription or any other writing purporting to be a prescription for any dangerous drug.
Section 20. Confiscation and Forfeiture of the Proceeds or Instruments of the Unlawful Act, Including the Properties or Proceeds Derived from the
Illegal Trafficking of Dangerous Drugs and/or Precursors and Essential Chemicals. Every penalty imposed for the unlawful importation, sale,
trading, administration, dispensation, delivery, distribution, transportation or manufacture of any dangerous drug and/or controlled precursor and
essential chemical, the cultivation or culture of plants which are sources of dangerous drugs, and the possession of any equipment, instrument,
apparatus and other paraphernalia for dangerous drugs including other laboratory equipment, shall carry with it the confiscation and forfeiture, in
favor of the government, of all the proceeds and properties derived from the unlawful act, including, but not limited to, money and other assets
obtained thereby, and the instruments or tools with which the particular unlawful act was committed, unless they are the property of a third person not
liable for the unlawful act, but those which are not of lawful commerce shall be ordered destroyed without delay pursuant to the provisions of Section
21 of this Act.
After conviction in the Regional Trial Court in the appropriate criminal case filed, the Court shall immediately schedule a hearing for the confiscation
and forfeiture of all the proceeds of the offense and all the assets and properties of the accused either owned or held by him or in the name of some
other persons if the same shall be found to be manifestly out of proportion to his/her lawful income: Provided, however, That if the forfeited property
is a vehicle, the same shall be auctioned off not later than five (5) days upon order of confiscation or forfeiture.
During the pendency of the case in the Regional Trial Court, no property, or income derived therefrom, which may be confiscated and forfeited, shall
be disposed, alienated or transferred and the same shall be in custodia legis and no bond shall be admitted for the release of the same.
The proceeds of any sale or disposition of any property confiscated or forfeited under this Section shall be used to pay all proper expenses incurred in
the proceedings for the confiscation, forfeiture, custody and maintenance of the property pending disposition, as well as expenses for publication and
court costs. The proceeds in excess of the above expenses shall accrue to the Board to be used in its campaign against illegal drugs.
Section 21. Custody and Disposition of Confiscated, Seized, and/or Surrendered Dangerous Drugs, Plant Sources of Dangerous Drugs, Controlled
Precursors and Essential Chemicals, Instruments/Paraphernalia and/or Laboratory Equipment. The PDEA shall take charge and have custody of
all dangerous drugs, plant sources of dangerous drugs, controlled precursors and essential chemicals, as well as instruments/paraphernalia and/or
laboratory equipment so confiscated, seized and/or surrendered, for proper disposition in the following manner:
(1) The apprehending team having initial custody and control of the drugs shall, immediately after seizure and confiscation, physically
inventory and photograph the same in the presence of the accused or the person/s from whom such items were confiscated and/or seized, or
his/her representative or counsel, a representative from the media and the Department of Justice (DOJ), and any elected public official who
shall be required to sign the copies of the inventory and be given a copy thereof;
(2) Within twenty-four (24) hours upon confiscation/seizure of dangerous drugs, plant sources of dangerous drugs, controlled precursors and
essential chemicals, as well as instruments/paraphernalia and/or laboratory equipment, the same shall be submitted to the PDEA Forensic
Laboratory for a qualitative and quantitative examination;

(3) A certification of the forensic laboratory examination results, which shall be done under oath by the forensic laboratory examiner, shall be
issued within twenty-four (24) hours after the receipt of the subject item/s: Provided, That when the volume of the dangerous drugs, plant
sources of dangerous drugs, and controlled precursors and essential chemicals does not allow the completion of testing within the time frame,
a partial laboratory examination report shall be provisionally issued stating therein the quantities of dangerous drugs still to be examined by
the forensic laboratory: Provided, however, That a final certification shall be issued on the completed forensic laboratory examination on the
same within the next twenty-four (24) hours;
(4) After the filing of the criminal case, the Court shall, within seventy-two (72) hours, conduct an ocular inspection of the confiscated, seized
and/or surrendered dangerous drugs, plant sources of dangerous drugs, and controlled precursors and essential chemicals, including the
instruments/paraphernalia and/or laboratory equipment, and through the PDEA shall within twenty-four (24) hours thereafter proceed with the
destruction or burning of the same, in the presence of the accused or the person/s from whom such items were confiscated and/or seized, or
his/her representative or counsel, a representative from the media and the DOJ, civil society groups and any elected public official. The Board
shall draw up the guidelines on the manner of proper disposition and destruction of such item/s which shall be borne by the offender:
Provided, That those item/s of lawful commerce, as determined by the Board, shall be donated, used or recycled for legitimate purposes:
Provided, further, That a representative sample, duly weighed and recorded is retained;
(5) The Board shall then issue a sworn certification as to the fact of destruction or burning of the subject item/s which, together with the
representative sample/s in the custody of the PDEA, shall be submitted to the court having jurisdiction over the case. In all instances, the
representative sample/s shall be kept to a minimum quantity as determined by the Board;
(6) The alleged offender or his/her representative or counsel shall be allowed to personally observe all of the above proceedings and his/her
presence shall not constitute an admission of guilt. In case the said offender or accused refuses or fails to appoint a representative after due
notice in writing to the accused or his/her counsel within seventy-two (72) hours before the actual burning or destruction of the evidence in
question, the Secretary of Justice shall appoint a member of the public attorney's office to represent the former;
(7) After the promulgation and judgment in the criminal case wherein the representative sample/s was presented as evidence in court, the trial
prosecutor shall inform the Board of the final termination of the case and, in turn, shall request the court for leave to turn over the said
representative sample/s to the PDEA for proper disposition and destruction within twenty-four (24) hours from receipt of the same; and
(8) Transitory Provision: a) Within twenty-four (24) hours from the effectivity of this Act, dangerous drugs defined herein which are presently
in possession of law enforcement agencies shall, with leave of court, be burned or destroyed, in the presence of representatives of the Court,
DOJ, Department of Health (DOH) and the accused/and or his/her counsel, and, b) Pending the organization of the PDEA, the custody,
disposition, and burning or destruction of seized/surrendered dangerous drugs provided under this Section shall be implemented by the DOH.
Section 22. Grant of Compensation, Reward and Award. The Board shall recommend to the concerned government agency the grant of
compensation, reward and award to any person providing information and to law enforcers participating in the operation, which results in the
successful confiscation, seizure or surrender of dangerous drugs, plant sources of dangerous drugs, and controlled precursors and essential chemicals.

Section 23. Plea-Bargaining Provision. Any person charged under any provision of this Act regardless of the imposable penalty shall not be
allowed to avail of the provision on plea-bargaining.
Section 24. Non-Applicability of the Probation Law for Drug Traffickers and Pushers. Any person convicted for drug trafficking or pushing under
this Act, regardless of the penalty imposed by the Court, cannot avail of the privilege granted by the Probation Law or Presidential Decree No. 968,
as amended.
Section 25. Qualifying Aggravating Circumstances in the Commission of a Crime by an Offender Under the Influence of Dangerous Drugs.
Notwithstanding the provisions of any law to the contrary, a positive finding for the use of dangerous drugs shall be a qualifying aggravating
circumstance in the commission of a crime by an offender, and the application of the penalty provided for in the Revised Penal Code shall be
applicable.
Section 26. Attempt or Conspiracy. Any attempt or conspiracy to commit the following unlawful acts shall be penalized by the same penalty
prescribed for the commission of the same as provided under this Act:
(a) Importation of any dangerous drug and/or controlled precursor and essential chemical;
(b) Sale, trading, administration, dispensation, delivery, distribution and transportation of any dangerous drug and/or controlled precursor and
essential chemical;
(c) Maintenance of a den, dive or resort where any dangerous drug is used in any form;
(d) Manufacture of any dangerous drug and/or controlled precursor and essential chemical; and
(e) Cultivation or culture of plants which are sources of dangerous drugs.
Section 27. Criminal Liability of a Public Officer or Employee for Misappropriation, Misapplication or Failure to Account for the Confiscated,
Seized and/or Surrendered Dangerous Drugs, Plant Sources of Dangerous Drugs, Controlled Precursors and Essential Chemicals,
Instruments/Paraphernalia and/or Laboratory Equipment Including the Proceeds or Properties Obtained from the Unlawful Act Committed. The
penalty of life imprisonment to death and a fine ranging from Five hundred thousand pesos (P500,000.00) to Ten million pesos (P10,000,000.00), in
addition to absolute perpetual disqualification from any public office, shall be imposed upon any public officer or employee who misappropriates,
misapplies or fails to account for confiscated, seized or surrendered dangerous drugs, plant sources of dangerous drugs, controlled precursors and
essential chemicals, instruments/paraphernalia and/or laboratory equipment including the proceeds or properties obtained from the unlawful acts as
provided for in this Act.
Any elective local or national official found to have benefited from the proceeds of the trafficking of dangerous drugs as prescribed in this Act, or
have received any financial or material contributions or donations from natural or juridical persons found guilty of trafficking dangerous drugs as

prescribed in this Act, shall be removed from office and perpetually disqualified from holding any elective or appointive positions in the government,
its divisions, subdivisions, and intermediaries, including government-owned or controlled corporations.
Section 28. Criminal Liability of Government Officials and Employees. The maximum penalties of the unlawful acts provided for in this Act shall
be imposed, in addition to absolute perpetual disqualification from any public office, if those found guilty of such unlawful acts are government
officials and employees.
Section 29. Criminal Liability for Planting of Evidence. Any person who is found guilty of "planting" any dangerous drug and/or controlled
precursor and essential chemical, regardless of quantity and purity, shall suffer the penalty of death.
Section 30. Criminal Liability of Officers of Partnerships, Corporations, Associations or Other Juridical Entities. In case any violation of this Act
is committed by a partnership, corporation, association or any juridical entity, the partner, president, director, manager, trustee, estate administrator, or
officer who consents to or knowingly tolerates such violation shall be held criminally liable as a co-principal.
The penalty provided for the offense under this Act shall be imposed upon the partner, president, director, manager, trustee, estate administrator, or
officer who knowingly authorizes, tolerates or consents to the use of a vehicle, vessel, aircraft, equipment or other facility, as an instrument in the
importation, sale, trading, administration, dispensation, delivery, distribution, transportation or manufacture of dangerous drugs, or chemical
diversion, if such vehicle, vessel, aircraft, equipment or other instrument is owned by or under the control or supervision of the partnership,
corporation, association or juridical entity to which they are affiliated.
Section 31. Additional Penalty if Offender is an Alien. In addition to the penalties prescribed in the unlawful act committed, any alien who violates
such provisions of this Act shall, after service of sentence, be deported immediately without further proceedings, unless the penalty is death.
Section 32. Liability to a Person Violating Any Regulation Issued by the Board. The penalty of imprisonment ranging from six (6) months and one
(1) day to four (4) years and a fine ranging from Ten thousand pesos (P10,000.00) to Fifty thousand pesos (P50,000.00) shall be imposed upon any
person found violating any regulation duly issued by the Board pursuant to this Act, in addition to the administrative sanctions imposed by the Board.
Section 33. Immunity from Prosecution and Punishment. Notwithstanding the provisions of Section 17, Rule 119 of the Revised Rules of Criminal
Procedure and the provisions of Republic Act No. 6981 or the Witness Protection, Security and Benefit Act of 1991, any person who has violated
Sections 7, 11, 12, 14, 15, and 19, Article II of this Act, who voluntarily gives information about any violation of Sections 4, 5, 6, 8, 10, 13, and 16,
Article II of this Act as well as any violation of the offenses mentioned if committed by a drug syndicate, or any information leading to the
whereabouts, identities and arrest of all or any of the members thereof; and who willingly testifies against such persons as described above, shall be
exempted from prosecution or punishment for the offense with reference to which his/her information of testimony were given, and may plead or
prove the giving of such information and testimony in bar of such prosecution: Provided, That the following conditions concur:
(1) The information and testimony are necessary for the conviction of the persons described above;
(2) Such information and testimony are not yet in the possession of the State;

(3) Such information and testimony can be corroborated on its material points;
(4) the informant or witness has not been previously convicted of a crime involving moral turpitude, except when there is no other direct
evidence available for the State other than the information and testimony of said informant or witness; and
(5) The informant or witness shall strictly and faithfully comply without delay, any condition or undertaking, reduced into writing, lawfully
imposed by the State as further consideration for the grant of immunity from prosecution and punishment.
Provided, further, That this immunity may be enjoyed by such informant or witness who does not appear to be most guilty for the offense with
reference to which his/her information or testimony were given: Provided, finally, That there is no direct evidence available for the State except for
the information and testimony of the said informant or witness.
Section 34. Termination of the Grant of Immunity. The immunity granted to the informant or witness, as prescribed in Section 33 of this Act, shall
not attach should it turn out subsequently that the information and/or testimony is false, malicious or made only for the purpose of harassing,
molesting or in any way prejudicing the persons described in the preceding Section against whom such information or testimony is directed against.
In such case, the informant or witness shall be subject to prosecution and the enjoyment of all rights and benefits previously accorded him under this
Act or any other law, decree or order shall be deemed terminated.
In case an informant or witness under this Act fails or refuses to testify without just cause, and when lawfully obliged to do so, or should he/she
violate any condition accompanying such immunity as provided above, his/her immunity shall be removed and he/she shall likewise be subject to
contempt and/or criminal prosecution, as the case may be, and the enjoyment of all rights and benefits previously accorded him under this Act or in
any other law, decree or order shall be deemed terminated.
In case the informant or witness referred to under this Act falls under the applicability of this Section hereof, such individual cannot avail of the
provisions under Article VIII of this Act.
Section 35. Accessory Penalties. A person convicted under this Act shall be disqualified to exercise his/her civil rights such as but not limited to,
the rights of parental authority or guardianship, either as to the person or property of any ward, the rights to dispose of such property by any act or
any conveyance inter vivos, and political rights such as but not limited to, the right to vote and be voted for. Such rights shall also be suspended
during the pendency of an appeal from such conviction.
ARTICLE III
Dangerous Drugs Test and Record Requirements
Section 36. Authorized Drug Testing. Authorized drug testing shall be done by any government forensic laboratories or by any of the drug testing
laboratories accredited and monitored by the DOH to safeguard the quality of test results. The DOH shall take steps in setting the price of the drug
test with DOH accredited drug testing centers to further reduce the cost of such drug test. The drug testing shall employ, among others, two (2)

testing methods, the screening test which will determine the positive result as well as the type of the drug used and the confirmatory test which will
confirm a positive screening test. Drug test certificates issued by accredited drug testing centers shall be valid for a one-year period from the date of
issue which may be used for other purposes. The following shall be subjected to undergo drug testing:
(a) Applicants for driver's license. No driver's license shall be issued or renewed to any person unless he/she presents a certification that
he/she has undergone a mandatory drug test and indicating thereon that he/she is free from the use of dangerous drugs;
(b) Applicants for firearm's license and for permit to carry firearms outside of residence. All applicants for firearm's license and permit to
carry firearms outside of residence shall undergo a mandatory drug test to ensure that they are free from the use of dangerous drugs: Provided,
That all persons who by the nature of their profession carry firearms shall undergo drug testing;
(c) Students of secondary and tertiary schools. Students of secondary and tertiary schools shall, pursuant to the related rules and regulations
as contained in the school's student handbook and with notice to the parents, undergo a random drug testing: Provided, That all drug testing
expenses whether in public or private schools under this Section will be borne by the government;
(d) Officers and employees of public and private offices. Officers and employees of public and private offices, whether domestic or
overseas, shall be subjected to undergo a random drug test as contained in the company's work rules and regulations, which shall be borne by
the employer, for purposes of reducing the risk in the workplace. Any officer or employee found positive for use of dangerous drugs shall be
dealt with administratively which shall be a ground for suspension or termination, subject to the provisions of Article 282 of the Labor Code
and pertinent provisions of the Civil Service Law;
(e) Officers and members of the military, police and other law enforcement agencies. Officers and members of the military, police and other
law enforcement agencies shall undergo an annual mandatory drug test;
(f) All persons charged before the prosecutor's office with a criminal offense having an imposable penalty of imprisonment of not less than six
(6) years and one (1) day shall have to undergo a mandatory drug test; and
(g) All candidates for public office whether appointed or elected both in the national or local government shall undergo a mandatory drug test.
In addition to the above stated penalties in this Section, those found to be positive for dangerous drugs use shall be subject to the provisions of
Section 15 of this Act.
Section 37. Issuance of False or Fraudulent Drug Test Results. Any person authorized, licensed or accredited under this Act and its implementing
rules to conduct drug examination or test, who issues false or fraudulent drug test results knowingly, willfully or through gross negligence, shall
suffer the penalty of imprisonment ranging from six (6) years and one (1) day to twelve (12) years and a fine ranging from One hundred thousand
pesos (P100,000.00) to Five hundred thousand pesos (P500,000.00).

An additional penalty shall be imposed through the revocation of the license to practice his/her profession in case of a practitioner, and the closure of
the drug testing center.
Section 38. Laboratory Examination or Test on Apprehended/Arrested Offenders. Subject to Section 15 of this Act, any person apprehended or
arrested for violating the provisions of this Act shall be subjected to screening laboratory examination or test within twenty-four (24) hours, if the
apprehending or arresting officer has reasonable ground to believe that the person apprehended or arrested, on account of physical signs or symptoms
or other visible or outward manifestation, is under the influence of dangerous drugs. If found to be positive, the results of the screening laboratory
examination or test shall be challenged within fifteen (15) days after receipt of the result through a confirmatory test conducted in any accredited
analytical laboratory equipment with a gas chromatograph/mass spectrometry equipment or some such modern and accepted method, if confirmed
the same shall be prima facie evidence that such person has used dangerous drugs, which is without prejudice for the prosecution for other violations
of the provisions of this Act: Provided, That a positive screening laboratory test must be confirmed for it to be valid in a court of law.
Section 39. Accreditation of Drug Testing Centers and Physicians. The DOH shall be tasked to license and accredit drug testing centers in each
province and city in order to assure their capacity, competence, integrity and stability to conduct the laboratory examinations and tests provided in
this Article, and appoint such technical and other personnel as may be necessary for the effective implementation of this provision. The DOH shall
also accredit physicians who shall conduct the drug dependency examination of a drug dependent as well as the after-care and follow-up program for
the said drug dependent. There shall be a control regulations, licensing and accreditation division under the supervision of the DOH for this purpose.
For this purpose, the DOH shall establish, operate and maintain drug testing centers in government hospitals, which must be provided at least with
basic technologically advanced equipment and materials, in order to conduct the laboratory examination and tests herein provided, and appoint such
qualified and duly trained technical and other personnel as may be necessary for the effective implementation of this provision.
Section 40. Records Required for Transactions on Dangerous Drug and Precursors and Essential Chemicals.
a) Every pharmacist dealing in dangerous drugs and/or controlled precursors and essential chemicals shall maintain and keep an original
record of sales, purchases, acquisitions and deliveries of dangerous drugs, indicating therein the following information:
(1) License number and address of the pharmacist;
(2) Name, address and license of the manufacturer, importer or wholesaler from whom the dangerous drugs have been purchased;
(3) Quantity and name of the dangerous drugs purchased or acquired;
(4) Date of acquisition or purchase;
(5) Name, address and community tax certificate number of the buyer;
(6) Serial number of the prescription and the name of the physician, dentist, veterinarian or practitioner issuing the same;

(7) Quantity and name of the dangerous drugs sold or delivered; and
(8) Date of sale or delivery.
A certified true copy of such record covering a period of six (6) months, duly signed by the pharmacist or the owner of the drugstore,
pharmacy or chemical establishment, shall be forwarded to the Board within fifteen (15) days following the last day of June and December of
each year, with a copy thereof furnished the city or municipal health officer concerned.
(b) A physician, dentist, veterinarian or practitioner authorized to prescribe any dangerous drug shall issue the prescription therefor in one (1)
original and two (2) duplicate copies. The original, after the prescription has been filled, shall be retained by the pharmacist for a period of
one (1) year from the date of sale or delivery of such drug. One (1) copy shall be retained by the buyer or by the person to whom the drug is
delivered until such drug is consumed, while the second copy shall be retained by the person issuing the prescription.
For purposes of this Act, all prescriptions issued by physicians, dentists, veterinarians or practitioners shall be written on forms exclusively
issued by and obtainable from the DOH. Such forms shall be made of a special kind of paper and shall be distributed in such quantities and
contain such information and other data as the DOH may, by rules and regulations, require. Such forms shall only be issued by the DOH
through its authorized employees to licensed physicians, dentists, veterinarians and practitioners in such quantities as the Board may
authorize. In emergency cases, however, as the Board may specify in the public interest, a prescription need not be accomplished on such
forms. The prescribing physician, dentist, veterinarian or practitioner shall, within three (3) days after issuing such prescription, inform the
DOH of the same in writing. No prescription once served by the drugstore or pharmacy be reused nor any prescription once issued be refilled.
(c) All manufacturers, wholesalers, distributors, importers, dealers and retailers of dangerous drugs and/or controlled precursors and essential
chemicals shall keep a record of all inventories, sales, purchases, acquisitions and deliveries of the same as well as the names, addresses and
licenses of the persons from whom such items were purchased or acquired or to whom such items were sold or delivered, the name and
quantity of the same and the date of the transactions. Such records may be subjected anytime for review by the Board.
ARTICLE IV
Participation of the Family, Students, Teachers and School Authorities in the Enforcement of this Act
Section 41. Involvement of the Family. The family being the basic unit of the Filipino society shall be primarily responsible for the education and
awareness of the members of the family on the ill effects of dangerous drugs and close monitoring of family members who may be susceptible to
drug abuse.
Section 42. Student Councils and Campus Organizations. All elementary, secondary and tertiary schools' student councils and campus
organizations shall include in their activities a program for the prevention of and deterrence in the use of dangerous drugs, and referral for treatment
and rehabilitation of students for drug dependence.

Section 43. School Curricula. Instruction on drug abuse prevention and control shall be integrated in the elementary, secondary and tertiary
curricula of all public and private schools, whether general, technical, vocational or agro-industrial as well as in non-formal, informal and indigenous
learning systems. Such instructions shall include:
(1) Adverse effects of the abuse and misuse of dangerous drugs on the person, the family, the school and the community;
(2) Preventive measures against drug abuse;
(3) Health, socio-cultural, psychological, legal and economic dimensions and implications of the drug problem;
(4) Steps to take when intervention on behalf of a drug dependent is needed, as well as the services available for the treatment and
rehabilitation of drug dependents; and
(5) Misconceptions about the use of dangerous drugs such as, but not limited to, the importance and safety of dangerous drugs for medical
and therapeutic use as well as the differentiation between medical patients and drug dependents in order to avoid confusion and accidental
stigmatization in the consciousness of the students.
Section 44. Heads, Supervisors, and Teachers of Schools. For the purpose of enforcing the provisions of Article II of this Act, all school heads,
supervisors and teachers shall be deemed persons in authority and, as such, are hereby empowered to apprehend, arrest or cause the apprehension or
arrest of any person who shall violate any of the said provisions, pursuant to Section 5, Rule 113 of the Rules of Court. They shall be deemed persons
in authority if they are in the school or within its immediate vicinity, or even beyond such immediate vicinity if they are in attendance at any school
or class function in their official capacity as school heads, supervisors, and teachers.
Any teacher or school employee, who discovers or finds that any person in the school or within its immediate vicinity is liable for violating any of
said provisions, shall have the duty to report the same to the school head or immediate superior who shall, in turn, report the matter to the proper
authorities.
Failure to do so in either case, within a reasonable period from the time of discovery of the violation shall, after due hearing, constitute sufficient
cause for disciplinary action by the school authorities.
Section 45. Publication and Distribution of Materials on Dangerous Drugs. With the assistance of the Board, the Secretary of the Department of
Education (DepEd), the Chairman of the Commission on Higher Education (CHED) and the Director-General of the Technical Education and Skills
Development Authority (TESDA) shall cause the development, publication and distribution of information and support educational materials on
dangerous drugs to the students, the faculty, the parents, and the community.
Section 46. Special Drug Education Center. With the assistance of the Board, the Department of the Interior and Local Government (DILG), the
National Youth Commission (NYC), and the Department of Social Welfare and Development (DSWD) shall establish in each of its provincial office
a special education drug center for out-of-school youth and street children. Such Center which shall be headed by the Provincial Social. Welfare

Development Officer shall sponsor drug prevention programs and activities and information campaigns with the end in view of educating the out-ofschool youth and street children regarding the pernicious effects of drug abuse. The programs initiated by the Center shall likewise be adopted in all
public and private orphanage and existing special centers for street children.
ARTICLE V
Promotion of a National Drug-Free Workplace Program With the Participation of Private and Labor Sectors and the Department of Labor
and Employment
Section 47. Drug-Free Workplace. It is deemed a policy of the State to promote drug-free workplaces using a tripartite approach. With the
assistance of the Board, the Department of Labor and Employment (DOLE) shall develop, promote and implement a national drug abuse prevention
program in the workplace to be adopted by private companies with ten (10) or more employees. Such program shall include the mandatory drafting
and adoption of company policies against drug use in the workplace in close consultation and coordination with the DOLE, labor and employer
organizations, human resource development managers and other such private sector organizations.
Section 48. Guidelines for the National Drug-Free Workplace Program. The Board and the DOLE shall formulate the necessary guidelines for the
implementation of the national drug-free workplace program. The amount necessary for the implementation of which shall be included in the annual
General Appropriations Act.
ARTICLE VI
Participation of the Private and Labor Sectors in the Enforcement of this Act
Section 49. Labor Organizations and the Private Sector. All labor unions, federations, associations, or organizations in cooperation with the
respective private sector partners shall include in their collective bargaining or any similar agreements, joint continuing programs and information
campaigns for the laborers similar to the programs provided under Section 47 of this Act with the end in view of achieving a drug free workplace.
Section 50. Government Assistance. The labor sector and the respective partners may, in pursuit of the programs mentioned in the preceding
Section, secure the technical assistance, such as but not limited to, seminars and information dissemination campaigns of the appropriate government
and law enforcement agencies.
ARTICLE VII
Participation of Local Government Units
Section 51. Local Government Units' Assistance. Local government units shall appropriate a substantial portion of their respective annual budgets
to assist in or enhance the enforcement of this Act giving priority to preventive or educational programs and the rehabilitation or treatment of drug
dependents.

Section 52. Abatement of Drug Related Public Nuisances. Any place or premises which have been used on two or more occasions as the site of the
unlawful sale or delivery of dangerous drugs may be declared to be a public nuisance, and such nuisance may be abated, pursuant to the following
procedures:
(1) Any city or municipality may, by ordinance, create an administrative board to hear complaints regarding the nuisances;
(2) any employee, officer, or resident of the city or municipality may bring a complaint before the Board after giving not less than three (3)
days written notice of such complaint to the owner of the place or premises at his/her last known address; and
(3) After hearing in which the Board may consider any evidence, including evidence of the general reputation of the place or premises, and at
which the owner of the premises shall have an opportunity to present evidence in his/her defense, the Board may declare the place or premises
to be a public nuisance.
Section 53. Effect of Board Declaration. If the Board declares a place or premises to be a public nuisance, it may declare an order immediately
prohibiting the conduct, operation, or maintenance of any business or activity on the premises which is conducive to such nuisance.
An order entered under this Section shall expire after one (1) year or at such earlier time as stated in the order. The Board may bring a complaint
seeking a permanent injunction against any nuisance described under this Section.
This Article does not restrict the right of any person to proceed under the Civil Code against any public nuisance.
ARTICLE VIII
Program for Treatment and Rehabilitation of Drug Dependents
Section 54. Voluntary Submission of a Drug Dependent to Confinement, Treatment and Rehabilitation. A drug dependent or any person who
violates Section 15 of this Act may, by himself/herself or through his/her parent, spouse, guardian or relative within the fourth degree of
consanguinity or affinity, apply to the Board or its duly recognized representative, for treatment and rehabilitation of the drug dependency. Upon such
application, the Board shall bring forth the matter to the Court which shall order that the applicant be examined for drug dependency. If the
examination by a DOH-accredited physician results in the issuance of a certification that the applicant is a drug dependent, he/she shall be ordered by
the Court to undergo treatment and rehabilitation in a Center designated by the Board for a period of not less than six (6) months: Provided, That a
drug dependent may be placed under the care of a DOH-accredited physician where there is no Center near or accessible to the residence of the drug
dependent or where said drug dependent is below eighteen (18) years of age and is a first-time offender and non-confinement in a Center will not
pose a serious danger to his/her family or the community.
Confinement in a Center for treatment and rehabilitation shall not exceed one (1) year, after which time the Court, as well as the Board, shall be
apprised by the head of the treatment and rehabilitation center of the status of said drug dependent and determine whether further confinement will be
for the welfare of the drug dependent and his/her family or the community.

Section 55. Exemption from the Criminal Liability Under the Voluntary Submission Program. A drug dependent under the voluntary submission
program, who is finally discharged from confinement, shall be exempt from the criminal liability under Section 15 of this act subject to the following
conditions:
(1) He/she has complied with the rules and regulations of the center, the applicable rules and regulations of the Board, including the after-care
and follow-up program for at least eighteen (18) months following temporary discharge from confinement in the Center or, in the case of a
dependent placed under the care of the DOH-accredited physician, the after-care program and follow-up schedule formulated by the DSWD
and approved by the Board: Provided, That capability-building of local government social workers shall be undertaken by the DSWD;
(2) He/she has never been charged or convicted of any offense punishable under this Act, the Dangerous Drugs Act of 1972 or Republic Act
No. 6425, as amended; the Revised Penal Code, as amended; or any special penal laws;
(3) He/she has no record of escape from a Center: Provided, That had he/she escaped, he/she surrendered by himself/herself or through his/her
parent, spouse, guardian or relative within the fourth degree of consanguinity or affinity, within one (1) week from the date of the said escape;
and
(4) He/she poses no serious danger to himself/herself, his/her family or the community by his/her exemption from criminal liability.
Section 56. Temporary Release From the Center; After-Care and Follow-Up Treatment Under the Voluntary Submission Program. Upon
certification of the Center that the drug dependent within the voluntary submission program may be temporarily released, the Court shall order
his/her release on condition that said drug dependent shall report to the DOH for after-care and follow-up treatment, including urine testing, for a
period not exceeding eighteen (18) months under such terms and conditions that the Court may impose.
If during the period of after-care and follow-up, the drug dependent is certified to be rehabilitated, he/she may be discharged by the Court, subject to
the provisions of Section 55 of this Act, without prejudice to the outcome of any pending case filed in court.
However, should the DOH find that during the initial after-care and follow-up program of eighteen (18) months, the drug dependent requires further
treatment and rehabilitation in the Center, he/she shall be recommitted to the Center for confinement. Thereafter, he/she may again be certified for
temporary release and ordered released for another after-care and follow-up program pursuant to this Section.
Section 57. Probation and Community Service Under the Voluntary Submission Program. A drug dependent who is discharged as rehabilitated by
the DOH-accredited Center through the voluntary submission program, but does not qualify for exemption from criminal liability under Section 55 of
this Act, may be charged under the provisions of this Act, but shall be placed on probation and undergo a community service in lieu of imprisonment
and/or fine in the discretion of the court, without prejudice to the outcome of any pending case filed in court.
Such drug dependent shall undergo community service as part of his/her after-care and follow-up program, which may be done in coordination with
nongovernmental civil organizations accredited by the DSWD, with the recommendation of the Board.

Section 58. Filing of Charges Against a Drug Dependent Who is Not Rehabilitated Under the Voluntary Submission Program. A drug dependent,
who is not rehabilitated after the second commitment to the Center under the voluntary submission program, shall, upon recommendation of the
Board, be charged for violation of Section 15 of this Act and prosecuted like any other offender. If convicted, he/she shall be credited for the period
of confinement and rehabilitation in the Center in the service of his/her sentence.
Section 59. Escape and Recommitment for Confinement and Rehabilitation Under the Voluntary Submission Program. Should a drug dependent
under the voluntary submission program escape from the Center, he/she may submit himself/herself for recommitment within one (1) week
therefrom, or his/her parent, spouse, guardian or relative within the fourth degree of consanguinity or affinity may, within said period, surrender him
for recommitment, in which case the corresponding order shall be issued by the Board.
Should the escapee fail to submit himself/herself or be surrendered after one (1) week, the Board shall apply to the court for a recommitment order
upon proof of previous commitment or his/her voluntary submission by the Board, the court may issue an order for recommitment within one (1)
week.
If, subsequent to a recommitment, the dependent once again escapes from confinement, he/she shall be charged for violation of Section 15 of this Act
and he subjected under section 61 of this Act, either upon order of the Board or upon order of the court, as the case may be.
Section 60. Confidentiality of Records Under the Voluntary Submission Program. Judicial and medical records of drug dependents under the
voluntary submission program shall be confidential and shall not be used against him for any purpose, except to determine how many times, by
himself/herself or through his/her parent, spouse, guardian or relative within the fourth degree of consanguinity or affinity, he/she voluntarily
submitted himself/herself for confinement, treatment and rehabilitation or has been committed to a Center under this program.
Section 61. Compulsory Confinement of a Drug Dependent Who Refuses to Apply Under the Voluntary Submission Program. Notwithstanding any
law, rule and regulation to the contrary, any person determined and found to be dependent on dangerous drugs shall, upon petition by the Board or
any of its authorized representative, be confined for treatment and rehabilitation in any Center duly designated or accredited for the purpose.
A petition for the confinement of a person alleged to be dependent on dangerous drugs to a Center may be filed by any person authorized by the
Board with the Regional Trial Court of the province or city where such person is found.
After the petition is filed, the court, by an order, shall immediately fix a date for the hearing, and a copy of such order shall be served on the person
alleged to be dependent on dangerous drugs, and to the one having charge of him.
If after such hearing and the facts so warrant, the court shall order the drug dependent to be examined by two (2) physicians accredited by the Board.
If both physicians conclude that the respondent is not a drug dependent, the court shall order his/her discharge. If either physician finds him to be a
dependent, the court shall conduct a hearing and consider all relevant evidence which may be offered. If the court finds him a drug dependent, it shall
issue an order for his/her commitment to a treatment and rehabilitation center under the supervision of the DOH. In any event, the order of discharge
or order of confinement or commitment shall be issued not later than fifteen (15) days from the filing of the appropriate petition.

Section 62. Compulsory Submission of a Drug Dependent Charged with an Offense to Treatment and Rehabilitation. If a person charged with an
offense where the imposable penalty is imprisonment of less than six (6) years and one (1) day, and is found by the prosecutor or by the court, at any
stage of the proceedings, to be a drug dependent, the prosecutor or the court as the case may be, shall suspend all further proceedings and transmit
copies of the record of the case to the Board.
In the event he Board determines, after medical examination, that public interest requires that such drug dependent be committed to a center for
treatment and rehabilitation, it shall file a petition for his/her commitment with the regional trial court of the province or city where he/she is being
investigated or tried: Provided, That where a criminal case is pending in court, such petition shall be filed in the said court. The court shall take
judicial notice of the prior proceedings in the case and shall proceed to hear the petition. If the court finds him to be a drug dependent, it shall order
his/her commitment to a Center for treatment and rehabilitation. The head of said Center shall submit to the court every four (4) months, or as often
as the court may require, a written report on the progress of the treatment. If the dependent is rehabilitated, as certified by the center and the Board,
he/she shall be returned to the court, which committed him, for his/her discharge therefrom.
Thereafter, his/her prosecution for any offense punishable by law shall be instituted or shall continue, as the case may be. In case of conviction, the
judgment shall, if the accused is certified by the treatment and rehabilitation center to have maintained good behavior, indicate that he/she shall be
given full credit for the period he/she was confined in the Center: Provided, however, That when the offense is for violation of Section 15 of this Act
and the accused is not a recidivist, the penalty thereof shall be deemed to have been served in the Center upon his/her release therefrom after
certification by the Center and the Board that he/she is rehabilitated.
Section 63. Prescription of the Offense Charged Against a Drug Dependent Under the Compulsory Submission Program. The period of
prescription of the offense charged against a drug dependent under the compulsory submission program shall not run during the time that the drug
dependent is under confinement in a Center or otherwise under the treatment and rehabilitation program approved by the Board.
Upon certification of the Center that he/she may temporarily be discharged from the said Center, the court shall order his/her release on condition that
he/she shall report to the Board through the DOH for after-care and follow-up treatment for a period not exceeding eighteen (18) months under such
terms and conditions as may be imposed by the Board.
If at anytime during the after-care and follow-up period, the Board certifies to his/her complete rehabilitation, the court shall order his/her final
discharge from confinement and order for the immediate resumption of the trial of the case for which he/she is originally charged. Should the Board
through the DOH find at anytime during the after-care and follow-up period that he/she requires further treatment and rehabilitation, it shall report to
the court, which shall order his/her recommitment to the Center.
Should the drug dependent, having been committed to a Center upon petition by the Board escape therefrom, he/she may resubmit himself/herself for
confinement within one (1) week from the date of his/her escape; or his/her parent, spouse, guardian or relative within the fourth degree of
consanguinity or affinity may, within the same period, surrender him for recommitment. If, however, the drug dependent does not resubmit
himself/herself for confinement or he/she is not surrendered for recommitment, the Board may apply with the court for the issuance of the
recommitment order. Upon proof of previous commitment, the court shall issue an order for recommitment. If, subsequent to such recommitment,
he/she should escape again, he/she shall no longer be exempt from criminal liability for use of any dangerous drug.

A drug dependent committed under this particular Section who is finally discharged from confinement shall be exempt from criminal liability under
Section 15 of this Act, without prejudice to the outcome of any pending case filed in court. On the other hand, a drug dependent who is not
rehabilitated after a second commitment to the Center shall, upon conviction by the appropriate court, suffer the same penalties provided for under
Section 15 of this Act again without prejudice to the outcome of any pending case filed in court.
Section 64. Confidentiality of Records Under the Compulsory Submission Program. The records of a drug dependent who was rehabilitated and
discharged from the Center under the compulsory submission program, or who was charged for violation of Section 15 of this Act, shall be covered
by Section 60 of this Act. However, the records of a drug dependent who was not rehabilitated, or who escaped but did not surrender himself/herself
within the prescribed period, shall be forwarded to the court and their use shall be determined by the court, taking into consideration public interest
and the welfare of the drug dependent.
Section 65. Duty of the Prosecutor in the Proceedings. It shall be the duty of the provincial or the city prosecutor or their assistants or state
prosecutors to prepare the appropriate petition in all proceedings arising from this Act.
Section 66. Suspension of Sentence of a First-Time Minor Offender. An accused who is over fifteen (15) years of age at the time of the commission
of the offense mentioned in Section 11 of this Act, but not more than eighteen (18) years of age at the time when judgment should have been
promulgated after having been found guilty of said offense, may be given the benefits of a suspended sentence, subject to the following conditions:
(a) He/she has not been previously convicted of violating any provision of this Act, or of the Dangerous Drugs Act of 1972, as amended; or of
the Revised Penal Code; or of any special penal laws;
(b) He/she has not been previously committed to a Center or to the care of a DOH-accredited physician; and
(c) The Board favorably recommends that his/her sentence be suspended.
While under suspended sentence, he/she shall be under the supervision and rehabilitative surveillance of the Board, under such conditions that the
court may impose for a period ranging from six (6) months to eighteen (18) months.
Upon recommendation of the Board, the court may commit the accused under suspended sentence to a Center, or to the care of a DOH-accredited
physician for at least six (6) months, with after-care and follow-up program for not more than eighteen (18) months.
In the case of minors under fifteen (15) years of age at the time of the commission of any offense penalized under this Act, Article 192 of Presidential
Decree No. 603, otherwise known as the Child and Youth Welfare Code, as amended by Presidential Decree No. 1179 shall apply, without prejudice
to the application of the provisions of this Section.
Section 67. Discharge After Compliance with Conditions of Suspended Sentence of a First-Time Minor Offender. If the accused first time minor
offender under suspended sentence complies with the applicable rules and regulations of the Board, including confinement in a Center, the court,
upon a favorable recommendation of the Board for the final discharge of the accused, shall discharge the accused and dismiss all proceedings.

Upon the dismissal of the proceedings against the accused, the court shall enter an order to expunge all official records, other than the confidential
record to be retained by the DOJ relating to the case. Such an order, which shall be kept confidential, shall restore the accused to his/her status prior
to the case. He/she shall not be held thereafter to be guilty of perjury or of concealment or misrepresentation by reason of his/her failure to
acknowledge the case or recite any fact related thereto in response to any inquiry made of him for any purpose.
Section 68. Privilege of Suspended Sentence to be Availed of Only Once by a First-Time Minor Offender. The privilege of suspended sentence shall
be availed of only once by an accused drug dependent who is a first-time offender over fifteen (15) years of age at the time of the commission of the
violation of Section 15 of this Act but not more than eighteen (18) years of age at the time when judgment should have been promulgated.
Section 69. Promulgation of Sentence for First-Time Minor Offender. If the accused first-time minor offender violates any of the conditions of
his/her suspended sentence, the applicable rules and regulations of the Board exercising supervision and rehabilitative surveillance over him,
including the rules and regulations of the Center should confinement be required, the court shall pronounce judgment of conviction and he/she shall
serve sentence as any other convicted person.
Section 70. Probation or Community Service for a First-Time Minor Offender in Lieu of Imprisonment. Upon promulgation of the sentence, the
court may, in its discretion, place the accused under probation, even if the sentence provided under this Act is higher than that provided under existing
law on probation, or impose community service in lieu of imprisonment. In case of probation, the supervision and rehabilitative surveillance shall be
undertaken by the Board through the DOH in coordination with the Board of Pardons and Parole and the Probation Administration. Upon compliance
with the conditions of the probation, the Board shall submit a written report to the court recommending termination of probation and a final discharge
of the probationer, whereupon the court shall issue such an order.
The community service shall be complied with under conditions, time and place as may be determined by the court in its discretion and upon the
recommendation of the Board and shall apply only to violators of Section 15 of this Act. The completion of the community service shall be under the
supervision and rehabilitative surveillance of the Board during the period required by the court. Thereafter, the Board shall render a report on the
manner of compliance of said community service. The court in its discretion may require extension of the community service or order a final
discharge.
In both cases, the judicial records shall be covered by the provisions of Sections 60 and 64 of this Act.
If the sentence promulgated by the court requires imprisonment, the period spent in the Center by the accused during the suspended sentence period
shall be deducted from the sentence to be served.
Section 71. Records to be kept by the Department of Justice. The DOJ shall keep a confidential record of the proceedings on suspension of sentence
and shall not be used for any purpose other than to determine whether or not a person accused under this Act is a first-time minor offender.
Section 72. Liability of a Person Who Violates the Confidentiality of Records. The penalty of imprisonment ranging from six (6) months and one
(1) day to six (6) years and a fine ranging from One thousand pesos (P1,000.00) to Six thousand pesos (P6,000.00), shall be imposed upon any person
who, having official custody of or access to the confidential records of any drug dependent under voluntary submission programs, or anyone who,
having gained possession of said records, whether lawfully or not, reveals their content to any person other than those charged with the prosecution of

the offenses under this Act and its implementation. The maximum penalty shall be imposed, in addition to absolute perpetual disqualification from
any public office, when the offender is a government official or employee. Should the records be used for unlawful purposes, such as blackmail of the
drug dependent or the members of his/her family, the penalty imposed for the crime of violation of confidentiality shall be in addition to whatever
crime he/she may be convicted of.
Section 73. Liability of a Parent, Spouse or Guardian Who Refuses to Cooperate with the Board or any Concerned Agency. Any parent, spouse or
guardian who, without valid reason, refuses to cooperate with the Board or any concerned agency in the treatment and rehabilitation of a drug
dependent who is a minor, or in any manner, prevents or delays the after-care, follow-up or other programs for the welfare of the accused drug
dependent, whether under voluntary submission program or compulsory submission program, may be cited for contempt by the court.
Section 74. Cost-Sharing in the Treatment and Rehabilitation of a Drug Dependent. The parent, spouse, guardian or any relative within the fourth
degree of consanguinity of any person who is confined under the voluntary submission program or compulsory submission program shall be charged
a certain percentage of the cost of his/her treatment and rehabilitation, the guidelines of which shall be formulated by the DSWD taking into
consideration the economic status of the family of the person confined. The guidelines therein formulated shall be implemented by a social worker of
the local government unit.
Section 75. Treatment and Rehabilitation Centers. The existing treatment and rehabilitation centers for drug dependents operated and maintained
by the NBI and the PNP shall be operated, maintained and managed by the DOH in coordination with other concerned agencies. For the purpose of
enlarging the network of centers, the Board through the DOH shall encourage, promote or whenever feasible, assist or support in the establishment,
operations and maintenance of private centers which shall be eligible to receive grants, donations or subsidy from either government or private
sources. It shall also support the establishment of government-operated regional treatment and rehabilitation centers depending upon the availability
of funds. The national government, through its appropriate agencies shall give priority funding for the increase of subsidy to existing government
drug rehabilitation centers, and shall establish at least one (1) drug rehabilitation center in each province, depending on the availability of funds.
Section 76. The Duties and Responsibilities of the Department of health (DOH) Under this Act. The DOH shall:
(1) Oversee the monitor the integration, coordination and supervision of all drug rehabilitation, intervention, after-care and follow-up
programs, projects and activities as well as the establishment, operations, maintenance and management of privately-owned drug treatment
rehabilitation centers and drug testing networks and laboratories throughout the country in coordination with the DSWD and other agencies;
(2) License, accredit, establish and maintain drug test network and laboratory, initiate, conduct and support scientific research on drugs and
drug control;
(3) Encourage, assist and accredit private centers, promulgate rules and regulations setting minimum standards for their accreditation to assure
their competence, integrity and stability;
(4) Prescribe and promulgate rules and regulations governing the establishment of such Centers as it may deem necessary after conducting a
feasibility study thereof;

(5) The DOH shall, without prejudice to the criminal prosecution of those found guilty of violating this Act, order the closure of a Center for
treatment and rehabilitation of drug dependency when, after investigation it is found guilty of violating the provisions of this Act or
regulations issued by the Board; and
(6) Charge reasonable fees for drug dependency examinations, other medical and legal services provided to the public, which shall accrue to
the Board. All income derived from these sources shall be part of the funds constituted as special funds for the implementation of this Act
under Section 87.
ARTICLE IX
Dangerous Drugs Board and Philippine Drug Enforcement Agency
Section 77. The Dangerous Drugs Board. The Board shall be the policy-making and strategy-formulating body in the planning and formulation of
policies and programs on drug prevention and control. It shall develop and adopt a comprehensive, integrated, unified and balanced national drug
abuse prevention and control strategy. It shall be under the Office of the President.
Section 78. Composition of the Board. The Board shall be composed of seventeen (17) members wherein three (3) of which are permanent
members, the other twelve (12) members shall be in an ex officio capacity and the two (2) shall be regular members.
The three (3) permanent members, who shall possess at least seven-year training and experience in the field of dangerous drugs and in any of the
following fields: in law, medicine, criminology, psychology or social work, shall be appointed by the President of the Philippines. The President shall
designate a Chairman, who shall have the rank of a secretary from among the three (3) permanent members who shall serve for six (6) years. Of the
two (2) other members, who shall both have the rank of undersecretary, one (1) shall serve for four (4) years and the other for two (2) years.
Thereafter, the persons appointed to succeed such members shall hold office for a term of six (6) years and until their successors shall have been duly
appointed and qualified.
The other twelve (12) members who shall be ex officio members of the Board are the following:
(1) Secretary of the Department of Justice or his/her representative;
(2) Secretary of the Department of Health or his/her representative;
(3) Secretary of the Department of National Defense or his/her representative;
(4) Secretary of the Department of Finance or his/her representative;
(5) Secretary of the Department of Labor and Employment or his/her representative;

(6) Secretary of the Department of the Interior and Local Government or his/her representative;
(7) Secretary of the Department of Social Welfare and Development or his/her representative;
(8) Secretary of the Department of Foreign Affairs or his/her representative;
(9) Secretary of the Department of Education or his/her representative;
(10) Chairman of the Commission on Higher Education or his/her representative;
(11) Chairman of the National Youth Commission;
(12) Director General of the Philippine Drug Enforcement Agency.
Cabinet secretaries who are members of the Board may designate their duly authorized and permanent representatives whose ranks shall in no case be
lower than undersecretary.
The two (2) regular members shall be as follows:
(a) The president of the Integrated Bar of the Philippines; and
(b) The chairman or president of a non-government organization involved in dangerous drug campaign to be appointed by the President of the
Philippines.
The Director of the NBI and the Chief of the PNP shall be the permanent consultants of the Board, and shall attend all the meetings of the Board.
All members of the Board as well as its permanent consultants shall receive a per diem for every meeting actually attended subject to the pertinent
budgetary laws, rules and regulations on compensation, honoraria and allowances: Provided, That where the representative of an ex officio member
or of the permanent consultant of the Board attends a meeting in behalf of the latter, such representative shall be entitled to receive the per diem.
Section 79. Meetings of the Board. The Board shall meet once a week or as often as necessary at the discretion of the Chairman or at the call of any
four (4) other members. The presence of nine (9) members shall constitute a quorum.
Section 80. Secretariat of the Board. The Board shall recommend to the President of the Philippines the appointment of an Executive Director, with
the rank of an undersecretary, who shall be the Secretary of the Board and administrative officer of its secretariat, and shall perform such other duties
that may be assigned to him/her. He/she must possess adequate knowledge, training and experience in the field of dangerous drugs, and in any of the
following fields: law enforcement, law, medicine, criminology, psychology or social work.

Two deputies executive director, for administration and operations, with the ranks of assistant secretary, shall be appointed by the President upon
recommendation of the Board. They shall possess the same qualifications as those of the executive director. They shall receive a salary corresponding
to their position as prescribed by the Salary Standardization Law as a Career Service Officer.
The existing secretariat of the Board shall be under the administrative control and supervision of the Executive Director. It shall be composed of the
following divisions, namely: Policy Studies, Research and Statistics; Preventive Education, Training and Information; Legal Affairs; and the
Administrative and Financial Management.
Section 81. Powers and Duties of the Board. The Board shall:
(a) Formulate, develop and establish a comprehensive, integrated, unified and balanced national drug use prevention and control strategy;
(b) Promulgate such rules and regulations as may be necessary to carry out the purposes of this Act, including the manner of safekeeping,
disposition, burning or condemnation of any dangerous drug and/or controlled precursor and essential chemical under its charge and custody,
and prescribe administrative remedies or sanctions for the violations of such rules and regulations;
(c) Conduct policy studies, program monitoring and evaluations and other researches on drug prevention, control and enforcement;
(d) Initiate, conduct and support scientific, clinical, social, psychological, physical and biological researches on dangerous drugs and
dangerous drugs prevention and control measures;
(e) Develop an educational program and information drive on the hazards and prevention of illegal use of any dangerous drug and/or
controlled precursor and essential chemical based on factual data, and disseminate the same to the general public, for which purpose the
Board shall endeavor to make the general public aware of the hazards of any dangerous drugs and/or controlled precursor and essential
chemical by providing among others, literature, films, displays or advertisements and by coordinating with all institutions of learning as well
as with all national and local enforcement agencies in planning and conducting its educational campaign programs to be implemented by the
appropriate government agencies;
(f) Conduct continuing seminars for, and consultations with, and provide information materials to judges and prosecutors in coordination with
the Office of the Court Administrator, in the case of judges, and the DOJ, in the case of prosecutors, which aim to provide them with the
current developments and programs of the Board pertinent to its campaign against dangerous drugs and its scientific researches on dangerous
drugs, its prevention and control measures;
(g) Design special trainings in order to provide law enforcement officers, members of the judiciary, and prosecutors, school authorities and
personnel of centers with knowledge and know-how in dangerous drugs and/or controlled precursors and essential chemicals control in
coordination with the Supreme Court to meet the objectives of the national drug control programs;

(h) Design and develop, in consultation and coordination with the DOH, DSWD and other agencies involved in drugs control, treatment and
rehabilitation, both public and private, a national treatment and rehabilitation program for drug dependents including a standard aftercare and
community service program for recovering drug dependents;
(i) Design and develop, jointly with the DOLE and in consultation with labor and employer groups as well as nongovernment organizations a
drug abuse prevention program in the workplace that would include a provision for employee assistance programs for emotionally-stressed
employees;
(j) Initiate and authorize closure proceedings against non-accredited and/or substandard rehabilitation centers based on verified reports of
human rights violations, subhuman conditions, inadequate medical training and assistance and excessive fees for implementation by the
PDEA;
(k) Prescribe and promulgate rules and regulations governing the establishment of such centers, networks and laboratories as deemed
necessary after conducting a feasibility study in coordination with the DOH and other government agencies;
(l) Receive, gather, collect and evaluate all information on the importation, exportation, production, manufacture, sale, stocks, seizures of and
the estimated need for any dangerous drug and/or controlled precursor and essential chemical, for which purpose the Board may require from
any official, instrumentality or agency of the government or any private person or enterprise dealing in, or engaged in activities having to do
with any dangerous drug and/or controlled precursors and essential chemicals such data or information as it may need to implement this Act;
(m) Gather and prepare detailed statistics on the importation, exportation, manufacture, stocks, seizures of and estimates need for any
dangerous drug and/or controlled precursors and essential chemicals and such other statistical data on said drugs as may be periodically
required by the United Nations Narcotics Drug Commission, the World Health Organization and other international organizations in
consonance with the country's international commitments;
(n) Develop and maintain international networking coordination with international drug control agencies and organizations, and implement
the provisions of international conventions and agreements thereon which have been adopted and approved by the Congress of the
Philippines;
(o) Require all government and private hospitals, clinics, doctors, dentists and other practitioners to submit a report to it, in coordination with
the PDEA, about all dangerous drugs and/or controlled precursors and essential chemicals-related cases to which they have attended for
statistics and research purposes;
(p) Receive in trust legacies, gifts and donations of real and personal properties of all kinds, to administer and dispose the same when
necessary for the benefit of government and private rehabilitation centers subject to limitations, directions and instructions from the donors, if
any;
(q) Issue guidelines as to the approval or disapproval of applications for voluntary treatment, rehabilitation or confinement, wherein it shall
issue the necessary guidelines, rules and regulations pertaining to the application and its enforcement;

(r) Formulate guidelines, in coordination with other government agencies, the importation, distribution, production, manufacture,
compounding, prescription, dispensing and sale of, and other lawful acts in connection with any dangerous drug, controlled precursors and
essential chemicals and other similar or analogous substances of such kind and in such quantity as it may deem necessary according to the
medical and research needs or requirements of the country including diet pills containing ephedrine and other addictive chemicals and
determine the quantity and/or quality of dangerous drugs and controlled precursors and essential chemicals to be imported, manufactured and
held in stock at any given time by authorized importer, manufacturer or distributor of such drugs;
(s) Develop the utilization of a controlled delivery scheme in addressing the transshipment of dangerous drugs into and out of the country to
neutralize transnational crime syndicates involved in illegal trafficking of any dangerous drugs and/or controlled precursors and essential
chemicals;
(t) Recommend the revocation of the professional license of any practitioner who is an owner, co-owner, lessee, or in the employ of the drug
establishment, or manager of a partnership, corporation, association, or any juridical entity owning and/or controlling such drug
establishment, and who knowingly participates in, or consents to, tolerates, or abets the commission of the act of violations as indicated in the
preceding paragraph, all without prejudice to the criminal prosecution of the person responsible for the said violation;
(u) Appoint such technical, administrative and other personnel as may be necessary for the effective implementation of this Act, subject to the
Civil Service Law and its rules and regulations;
(v) Establish a regular and continuing consultation with concerned government agencies and medical professional organizations to determine
if balance exists in policies, procedures, rules and regulations on dangerous drugs and to provide recommendations on how the lawful use of
dangerous drugs can be improved and facilitated; and
(w) Submit an annual and periodic reports to the President, the Congress of the Philippines and the Senate and House of Representatives
committees concerned as may be required from time to time, and perform such other functions as may be authorized or required under
existing laws and as directed by the President himself/herself or as recommended by the congressional committees concerned.
Section 82. Creation of the Philippine Drug Enforcement Agency (PDEA). To carry out the provisions of this Act, the PDEA, which serves as the
implementing arm of the Board, and shall be responsible for the efficient and effective law enforcement of all the provisions on any dangerous drug
and/or controlled precursor and essential chemical as provided in this Act.
The PDEA shall be headed by a Director General with the rank of Undersecretary, who shall be responsible for the general administration and
management of the Agency. The Director General of the PDEA shall be appointed by the President of the Philippines and shall perform such other
duties that may be assigned to him/her. He/she must possess adequate knowledge, training and experience in the field of dangerous drugs, and in any
of the following fields: law enforcement, law, medicine, criminology, psychology or social work.
The Director General of the PDEA shall be assisted in the performance of his/her duties and responsibilities by two (2) deputies director general with
the rank of Assistant Secretary; one for Operations and the other one for Administration. The two (2) deputies director general shall likewise be
appointed by the President of the Philippines upon recommendation of the Board. The two (2) deputies director general shall possess the same

qualifications as those of the Director General of the PDEA. The Director General and the two (2) deputies director general shall receive the
compensation and salaries as prescribed by law.
Section 83. Organization of the PDEA. The present Secretariat of the National Drug Law Enforcement and Prevention Coordinating Center as
created by Executive Order No. 61 shall be accordingly modified and absorbed by the PDEA.
The Director General of the PDEA shall be responsible for the necessary changes in the organizational set-up which shall be submitted to the Board
for approval.
For purposes of carrying out its duties and powers as provided for in the succeeding Section of this Act, the PDEA shall have the following Services,
namely: Intelligence and Investigation; International Cooperation and Foreign Affairs; Preventive Education and Community Involvement; Plans and
Operations; Compliance; Legal and Prosecution; Administrative and Human Resource; Financial Management; Logistics Management; and Internal
Affairs.
The PDEA shall establish and maintain regional offices in the different regions of the country which shall be responsible for the implementation of
this Act and the policies, programs, and projects of said agency in their respective regions.
Section 84. Powers and Duties of the PDEA. The PDEA shall:
(a) Implement or cause the efficient and effective implementation of the national drug control strategy formulated by the Board thereby
carrying out a national drug campaign program which shall include drug law enforcement, control and prevention campaign with the
assistance of concerned government agencies;
(b) Undertake the enforcement of the provisions of Article II of this Act relative to the unlawful acts and penalties involving any dangerous
drug and/or controlled precursor and essential chemical and investigate all violators and other matters involved in the commission of any
crime relative to the use, abuse or trafficking of any dangerous drug and/or controlled precursor and essential chemical as provided for in this
Act and the provisions of Presidential Decree No. 1619;
(c) Administer oath, issue subpoena and subpoena duces tecum relative to the conduct of investigation involving the violations of this Act;
(d) Arrest and apprehend as well as search all violators and seize or confiscate, the effects or proceeds of the crimes as provided by law and
take custody thereof, for this purpose the prosecutors and enforcement agents are authorized to possess firearms, in accordance with existing
laws;
(e) Take charge and have custody of all dangerous drugs and/or controlled precursors and essential chemicals seized, confiscated or
surrendered to any national, provincial or local law enforcement agency, if no longer needed for purposes of evidence in court;

(f) Establish forensic laboratories in each PNP office in every province and city in order to facilitate action on seize or confiscated drugs,
thereby hastening its destruction without delay;
(g) Recommend to the DOJ the forfeiture of properties and other assets of persons and/or corporations found to be violating the provisions of
this Act and in accordance with the pertinent provisions of the Anti-Money-Laundering Act of 2001;
(h) Prepare for prosecution or cause the filing of appropriate criminal and civil cases for violation of all laws on dangerous drugs, controlled
precursors and essential chemicals, and other similar controlled substances, and assist, support and coordinate with other government agencies
for the proper and effective prosecution of the same;
(i) Monitor and if warranted by circumstances, in coordination with the Philippine Postal Office and the Bureau of Customs, inspect all air
cargo packages, parcels and mails in the central post office, which appear from the package and address itself to be a possible importation of
dangerous drugs and/or controlled precursors and essential chemicals, through on-line or cyber shops via the internet or cyberspace;
(j) Conduct eradication programs to destroy wild or illegal growth of plants from which dangerous drugs may be extracted;
(k) Initiate and undertake the formation of a nationwide organization which shall coordinate and supervise all activities against drug abuse in
every province, city, municipality and barangay with the active and direct participation of all such local government units and
nongovernmental organizations, including the citizenry, subject to the provisions of previously formulated programs of action against
dangerous drugs;
(l) Establish and maintain a national drug intelligence system in cooperation with law enforcement agencies, other government
agencies/offices and local government units that will assist in its apprehension of big-time drug lords;
(m) Establish and maintain close coordination, cooperation and linkages with international drug control and administration agencies and
organizations, and implement the applicable provisions of international conventions and agreements related to dangerous drugs to which the
Philippines is a signatory;
(n) Create and maintain an efficient special enforcement unit to conduct an investigation, file charges and transmit evidence to the proper
court, wherein members of the said unit shall possess suitable and adequate firearms for their protection in connection with the performance
of their duties: Provided, That no previous special permit for such possession shall be required;
(o) Require all government and private hospitals, clinics, doctors, dentists and other practitioners to submit a report to it, in coordination with
the Board, about all dangerous drugs and/or controlled precursors and essential chemicals which they have attended to for data and
information purposes;
(p) Coordinate with the Board for the facilitation of the issuance of necessary guidelines, rules and regulations for the proper implementation
of this Act;

(q) Initiate and undertake a national campaign for drug prevention and drug control programs, where it may enlist the assistance of any
department, bureau, office, agency or instrumentality of the government, including government-owned and or controlled corporations, in the
anti-illegal drugs drive, which may include the use of their respective personnel, facilities, and resources for a more resolute detection and
investigation of drug-related crimes and prosecution of the drug traffickers; and
(r) Submit an annual and periodic reports to the Board as may be required from time to time, and perform such other functions as may be
authorized or required under existing laws and as directed by the President himself/herself or as recommended by the congressional
committees concerned.
Section 85. The PDEA Academy. Upon the approval of the Board, the PDEA Academy shall be established either in Baguio or Tagaytay City, and
in such other places as may be necessary. The PDEA Academy shall be responsible in the recruitment and training of all PDEA agents and personnel.
The Board shall provide for the qualifications and requirements of its recruits who must be at least twenty-one (21) years old, of proven integrity and
honesty and a Baccalaureate degree holder.
The graduates of the Academy shall later comprise the operating units of the PDEA after the termination of the transition period of five (5) years
during which all the intelligence network and standard operating procedures of the PDEA has been set up and operationalized.
The Academy shall be headed by a Superintendent, with the rank of Director. He/she shall be appointed by the PDEA Director General.
Section 86. Transfer, Absorption, and Integration of All Operating Units on Illegal Drugs into the PDEA and Transitory Provisions. The Narcotics
Group of the PNP, the Narcotics Division of the NBI and the Customs Narcotics Interdiction Unit are hereby abolished; however they shall continue
with the performance of their task as detail service with the PDEA, subject to screening, until such time that the organizational structure of the
Agency is fully operational and the number of graduates of the PDEA Academy is sufficient to do the task themselves: Provided, That such personnel
who are affected shall have the option of either being integrated into the PDEA or remain with their original mother agencies and shall, thereafter, be
immediately reassigned to other units therein by the head of such agencies. Such personnel who are transferred, absorbed and integrated in the PDEA
shall be extended appointments to positions similar in rank, salary, and other emoluments and privileges granted to their respective positions in their
original mother agencies.
The transfer, absorption and integration of the different offices and units provided for in this Section shall take effect within eighteen (18) months
from the effectivity of this Act: Provided, That personnel absorbed and on detail service shall be given until five (5) years to finally decide to join the
PDEA.
Nothing in this Act shall mean a diminution of the investigative powers of the NBI and the PNP on all other crimes as provided for in their respective
organic laws: Provided, however, That when the investigation being conducted by the NBI, PNP or any ad hoc anti-drug task force is found to be a
violation of any of the provisions of this Act, the PDEA shall be the lead agency. The NBI, PNP or any of the task force shall immediately transfer the
same to the PDEA: Provided, further, That the NBI, PNP and the Bureau of Customs shall maintain close coordination with the PDEA on all drug
related matters.
ARTICLE X

Appropriations, Management of Funds and Annual Report

Section 87. Appropriations. The amount necessary for the operation of the Board and the PDEA shall be charged against the current year's
appropriations of the Board, the National Drug Law Enforcement and Prevention Coordinating Center, the Narcotics Group of the PNP, the Narcotics
Division of the NBI and other drug abuse units of the different law enforcement agencies integrated into the PDEA in order to carry out the
provisions of this Act. Thereafter, such sums as may be necessary for the continued implementation of this Act shall be included in the annual
General Appropriations Act.
All receipts derived from fines, fees and other income authorized and imposed in this Act, including ten percent (10%) of all unclaimed and forfeited
sweepstakes and lotto prizes but not less than twelve million pesos (P12,000,000.00) per year from the Philippine Charity Sweepstakes Office
(PCSO), are hereby constituted as a special account in the general fund for the implementation of this Act: Provided, That no amount shall be
disbursed to cover the operating expenses of the Board and other concerned agencies: Provided, further, That at least fifty percent (50%) of all the
funds shall be reserved for assistance to government-owned and/or operated rehabilitation centers.
The fines shall be remitted to the Board by the court imposing such fines within thirty (30) days from the finality of its decisions or orders. The
unclaimed and forfeited prizes shall be turned over to the Board by the PCSO within thirty (30) days after these are collected and declared forfeited.
A portion of the funds generated by the Philippine Amusement and Gaming Corporation (PAGCOR) in the amount of Five million pesos
(P5,000,000.00) a month shall be set aside for the purpose of establishing adequate drug rehabilitation centers in the country and also for the
maintenance and operations of such centers: Provided, That the said amount shall be taken from the fifty percent (50%) share of the National
Government in the income of PAGCOR: Provided, further, That the said amount shall automatically be remitted by PAGCOR to the Board. The
amount shall, in turn, be disbursed by the Dangerous Drugs Board, subject to the rules and regulations of the Commission on Audit (COA).
The fund may be augmented by grants, donations, and endowment from various sources, domestic or foreign, for purposes related to their functions,
subject to the existing guidelines set by the government.
Section 88. Management of Funds Under this Act; Annual Report by the Board and the PDEA. The Board shall manage the funds as it may deem
proper for the attainment of the objectives of this Act. In addition to the periodic reports as may be required under this Act, the Chairman of the
Board shall submit to the President of the Philippines and to the presiding officers of both houses of Congress, within fifteen (15) days from the
opening of the regular session, an annual report on the dangerous drugs situation in the country which shall include detailed account of the programs
and projects undertaken, statistics on crimes related to dangerous drugs, expenses incurred pursuant to the provisions of this Act, recommended
remedial legislation, if needed, and such other relevant facts as it may deem proper to cite.
Section 89. Auditing the Accounts and Expenses of the Board and the PDEA. All accounts and expenses of the Board and the PDEA shall be
audited by the COA or its duly authorized representative.
ARTICLE XI
Jurisdiction Over Dangerous Drugs Cases

Section 90. Jurisdiction. The Supreme Court shall designate special courts from among the existing Regional Trial Courts in each judicial region to
exclusively try and hear cases involving violations of this Act. The number of courts designated in each judicial region shall be based on the
population and the number of cases pending in their respective jurisdiction.
The DOJ shall designate special prosecutors to exclusively handle cases involving violations of this Act.
The preliminary investigation of cases filed under this Act shall be terminated within a period of thirty (30) days from the date of their filing.
When the preliminary investigation is conducted by a public prosecutor and a probable cause is established, the corresponding information shall be
filed in court within twenty-four (24) hours from the termination of the investigation. If the preliminary investigation is conducted by a judge and a
probable cause is found to exist, the corresponding information shall be filed by the proper prosecutor within forty-eight (48) hours from the date of
receipt of the records of the case.
Trial of the case under this Section shall be finished by the court not later than sixty (60) days from the date of the filing of the information. Decision
on said cases shall be rendered within a period of fifteen (15) days from the date of submission of the case for resolution.
Section 91. Responsibility and Liability of Law Enforcement Agencies and other Government Officials and Employees in Testifying as Prosecution
Witnesses in Dangerous Drugs Cases. Any member of law enforcement agencies or any other government official and employee who, after due
notice, fails or refuses intentionally or negligently, to appear as a witness for the prosecution in any proceedings, involving violations of this Act,
without any valid reason, shall be punished with imprisonment of not less than twelve (12) years and one (1) day to twenty (20) years and a fine of
not less than Five hundred thousand pesos (P500,000.00), in addition to the administrative liability he/she may be meted out by his/her immediate
superior and/or appropriate body.
The immediate superior of the member of the law enforcement agency or any other government employee mentioned in the preceding paragraph
shall be penalized with imprisonment of not less than two (2) months and one (1) day but not more than six (6) years and a fine of not less than Ten
thousand pesos (P10,000.00) but not more than Fifty thousand pesos (P50,000.00) and in addition, perpetual absolute disqualification from public
office if despite due notice to them and to the witness concerned, the former does not exert reasonable effort to present the latter to the court.
The member of the law enforcement agency or any other government employee mentioned in the preceding paragraphs shall not be transferred or reassigned to any other government office located in another territorial jurisdiction during the pendency of the case in court. However, the concerned
member of the law enforcement agency or government employee may be transferred or re-assigned for compelling reasons: Provided, That his/her
immediate superior shall notify the court where the case is pending of the order to transfer or re-assign, within twenty-four (24) hours from its
approval; Provided, further, That his/her immediate superior shall be penalized with imprisonment of not less than two (2) months and one (1) day
but not more than six (6) years and a fine of not less than Ten thousand pesos (P10,000.00) but not more than Fifty thousand pesos (P50,000.00) and
in addition, perpetual absolute disqualification from public office, should he/she fail to notify the court of such order to transfer or re-assign.
Prosecution and punishment under this Section shall be without prejudice to any liability for violation of any existing law.

Section 92. Delay and Bungling in the Prosecution of Drug Cases. Any government officer or employee tasked with the prosecution of drug-related
cases under this act, who, through patent laxity, inexcusable neglect, unreasonable delay or deliberately causes the unsuccessful prosecution and/or
dismissal of the said drug cases, shall suffer the penalty of imprisonment ranging from twelve (12) years and one (1) day to twenty (20) years without
prejudice to his/her prosecution under the pertinent provisions of the Revised Penal Code.
Section 93. Reclassification, Addition or Removal of Any Drug from the List of Dangerous Drugs. The Board shall have the power to reclassify, add
to or remove from the list of dangerous drugs. Proceedings to reclassify, add, or remove a drug or other substance may be initiated by the PDEA, the
DOH, or by petition from any interested party, including the manufacturer of a drug, a medical society or association, a pharmacy association, a
public interest group concerned with drug abuse, a national or local government agency, or an individual citizen. When a petition is received by the
Board, it shall immediately begin its own investigation of the drug. The PDEA also may begin an investigation of a drug at any time based upon the
information received from law enforcement laboratories, national and local law enforcement and regulatory agencies, or other sources of information.
The Board after notice and hearing shall consider the following factors with respect to each substance proposed to be reclassified, added or removed
from control:
(a) Its actual or relative potential for abuse;
(b) Scientific evidence of its pharmacological effect if known;
(c) The state of current scientific knowledge regarding the drug or other substance;
(d) Its history and current pattern of abuse;
(e) The scope, duration, and significance of abuse;
(f) Risk to public health; and
(g) Whether the substance is an immediate precursor of a substance already controlled under this Act.
The Board shall also take into accord the obligations and commitments to international treaties, conventions and agreements to which the Philippines
is a signatory.
The Dangerous Drugs Board shall give notice to the general public of the public hearing of the reclassification, addition to or removal from the list of
any drug by publishing such notice in any newspaper of general circulation once a week for two (2) weeks.
The effect of such reclassification, addition or removal shall be as follows:

(a) In case a dangerous drug is reclassified as precursors and essential chemicals, the penalties for the violations of this Act involving the two
latter categories of drugs shall, in case of conviction, be imposed in all pending criminal prosecutions;
(b) In case a precursors and essential chemicals is reclassified as dangerous drug, the penalties for violations of the Act involving precursors
and essential chemicals shall, in case of conviction, be imposed in all pending criminal prosecutions;
(c) In case of the addition of a new drug to the list of dangerous drugs and precursors and essential chemicals, no criminal liability involving
the same under this Act shall arise until after the lapse of fifteen (15) days from the last publication of such notice;
(d) In case of removal of a drug from the list of dangerous drugs and precursors and essential chemicals, all persons convicted and/or detained
for the use and/or possession of such a drug shall be automatically released and all pending criminal prosecution involving such a drug under
this Act shall forthwith be dismissed; and
(e) The Board shall, within five (5) days from the date of its promulgation submit to Congress a detailed reclassification, addition, or removal
of any drug from the list of dangerous drugs.
ARTICLE XII
Implementing Rules and Regulations
Section 94. Implementing Rules and Regulations. The present Board in consultation with the DOH, DILG, DOJ, DepEd, DSWD, DOLE, PNP,
NBI, PAGCOR and the PCSO and all other concerned government agencies shall promulgate within sixty (60) days the Implementing Rules and
Regulations that shall be necessary to implement the provisions of this Act.
ARTICLE XIII
Final Provisions
Section 95. Congressional Oversight Committee. There is hereby created a Congressional Oversight Committee composed of seven (7) Members
from the Senate and seven (7) Members from the House of Representatives. The Members from the Senate shall be appointed by the Senate President
based on the proportional representation of the parties or coalitions therein with at least two (2) Senators representing the Minority. The Members
from the House of Representatives shall be appointed by the Speaker, also based on proportional representation of the parties or coalitions therein
with at least two (2) Members representing the Minority.
The Committee shall be headed by the respective Chairpersons of the Senate Committee on Public Order and Illegal Drugs and the House of
Representatives Committee on Dangerous Drugs.

Section 96. Powers and Functions of the Oversight Committee. The Oversight Committee on Dangerous Drugs shall, in aid of legislation, perform
the following functions, among others:
(a) To set the guidelines and overall framework to monitor and ensure the proper implementation of this Act;
(b) To ensure transparency and require the submission of reports from government agencies concerned on the conduct of programs, projects
and policies relating to the implementation of this act;
(c) To approve the budget for the programs of the Oversight Committee on Dangerous Drugs and all disbursements therefrom, including
compensation of all personnel;
(d) To submit periodic reports to the President of the Philippines and Congress on the implementation of the provisions of this Act;
(e) To determine inherent weaknesses in the law and recommend the necessary remedial legislation or executive measures; and
(f) To perform such other duties, functions and responsibilities as may be necessary to effectively attain the objectives of this Act.
Section 97. Adoption of Committee Rules and Regulations, and Funding. The Oversight Committee on Dangerous Drugs shall adopt its internal
rules of procedure, conduct hearings and receive testimonies, reports, and technical advice, invite or summon by subpoena ad testificandum any
public official, private citizen, or any other person to testify before it, or require any person by subpoena duces tecum documents or other materials as
it may require consistent with the provisions of this Act.
The Oversight Committee on Dangerous Drugs shall be assisted by a secretariat to be composed by personnel who may be seconded from the Senate
and the House of Representatives and may retain consultants.
To carry out the powers and functions of the Oversight Committee on Dangerous Drugs, the initial sum of Twenty-five million pesos
(P25,000,000.00) shall be charged against the current appropriations of the Senate. Thereafter, such amount necessary for its continued operations
shall be included in the annual General Appropriations Act.
The Oversight Committee on Dangerous Drugs shall exist for a period of ten (10) years from the effectivity of this Act and may be extended by a
joint concurrent resolution.
Section 98. Limited Applicability of the Revised Penal Code. Notwithstanding any law, rule or regulation to the contrary, the provisions of the
Revised Penal Code (Act No. 3814), as amended, shall not apply to the provisions of this Act, except in the case of minor offenders. Where the
offender is a minor, the penalty for acts punishable by life imprisonment to death provided herein shall be reclusion perpetua to death.

Section 99. Separability Clause. If for any reason any section or provision of this Act, or any portion thereof, or the application of such section,
provision or portion thereof to any person, group or circumstance is declared invalid or unconstitutional, the remainder of this Act shall not be
affected by such declaration and shall remain in force and effect.
Section 100. Repealing Clause. Republic Act No. 6425, as amended, is hereby repealed and all other laws, administrative orders, rules and
regulations, or parts thereof inconsistent with the provisions of this Act, are hereby repealed or modified accordingly.
Section 101. Amending Clause. Republic Act No. 7659 is hereby amended accordingly.
Section 102. Effectivity. This Act shall take effect fifteen (15) days upon its publication in at least two (2) national newspapers of general
circulation.

Approved,

(Sgd)

(Sgd)

FRANKLIN M. DRILON
President of the Senate

JOSE DE VENECIA, JR.

Speaker of the House of
Representatives

This Act which is a consolidation of Senate Bill No. 1858 and House Bill No. 4433 was finally passed by the Senate and the House of
Representatives on May 30, 2002 and May 29, 2002, respectively.

(Sgd)

(Sgd)

OSCAR G. YABES
Secretary of the Senate

ROBERTO P. NAZARENO
Secretary General

House of Representatives

Approved: January 23, 2002

(Sgd)

GLORIA MACAPAGALARROYO
President of the Philippines

ANNEX
1988 UNITED NATIONS CONVENTION AGAINST ILLICIT TRAFFIC IN NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES
LIST OF SUBSTANCES IN TABLE I
1. ACETIC ANHYDRIDE
2. N-ACETYLANTHRANILIC ACID
3. EPHEDRINE
4. ERGOMETRINE
5. ERGOTAMINE
6. ISOSAFROLE
7. LYSERGIC ACID
8. 3, 4-METHYLENEDIOXYPHENYL-2 PROPANONE
9. NOREPHEDRINE
10. 1-PHENYL-2-PROPANONE
11. PIPERONAL

12. POTASSIUM PERMANGANATE

13. PSEUDOEPHEDRINE
14. SAFROLE
THE SALTS OF THE SUBSTANCES LISTED IN THIS TABLE WHENEVER THE EXISTENCE OF SUCH SALTS IS POSSIBLE.
LIST OF SUBSTANCES IN TABLE II
1. ACETONE
2. ANTHRANILIC ACID
3. ETHYL ETHER
4. HYDROCHLORIC ACID
5. METHYL ETHYL KETONE
6. PHENYLACETIC ACID
7. PIPERIDINE
8. SULPHURIC ACID
9. TOLUENE
THE SALTS OF THE SUBSTANCES LISTED IN THIS TABLE WHENEVER THE EXISTENCE OF SUCH SALTS IS POSSIBLE (THE SALTS
OF HYDROCHLORIC ACID AND SULPHURIC ACID ARE SPECIFICALLY EXCLUDED)
1961 UNITED NATIONS SINGLE CONVENTION ON NARCOTIC DRUGS AS AMENDED BY THE 1972 PROTOCOL
LIST OF DRUGS INCLUDED IN SCHEDULE I
1. Acetorphine
2. Acetyl-alpha-methylfentanyl
3. Acetylmethadol
4. Alfentanil
5. Allylprodine
6. Alphacetylmethadol
7. Alphameprodine
8. Alphamethadol
9. Alpha-methylfentanyl
10. Alpha-methylthiofentanyl
11. Alphaprodine
12. Anileridine
13. Benzethidine
14. Benzylmorphine

15. Betacetylmethadol
16. Beta-hydroxyfentanyl
17. Beta-hydroxy-3-methylfentanyl
18. Betameprodine
19. Betamethadol
20. Betaprodine
21. Bezitramide
22. Cannabis and Cannabis resin and extracts and tinctures of cannabis
23. Clonitazene
24. Coca leaf
25. Cocaine
26. Codoxime
27. Concentrate of poppy straw
28. Desomorphine
29. Dextromoramide
30. Diampromide
31. Diethylthiambutene
32. Difenoxin
33. Dihydroetorphine
34. Dihydromorphine
35. Dihydromorphine*
36. Dimenoxadol
37. Dimepheptanol
38. Dimethylthiambutene
39. Dioxaphetyl butyrate
40. Diphenoxylate
41. Dipipanone
42. Drotebanol
43. Ecgonine
44. Ethylmethylthiambutene
45. Etonitazene
46. Etorphine
47. Etoxeridine
48. Fentanyl
49. Furethidine
50. Heroin
51. Hydrocodone
52. Hydromorphinol
53. Hydromorphone

54. Hydroxypethidine
55. Isomethadone
56. Ketobemidone
57. Levomethorphan
58. Levomoramide
59. Levophenacylmorphan
60. Levorphanol
61. Metazocine
62. Methadone
63. Methadone Intermediate
64. Methyldesorphine
65. Methyldihydromorphine
66. 3-methylfentanyl
67. 3-methylthiofentanyl
68. Metopon
69. Moramide intermediate
70. Morpheridine
71. Morphine
72. Morphine methobromide
73. Morphine-N-oxide
74. MPPP
75. Myrophine
76. Nicomorphine
77. Noracymethadol
78. Norlevorphanol
79. Normethadone
80. Normorphine
81. Norpipanone
82. Opium
83. Oxycodone
84. Oxymorphone
85. Para-fluorofentanyl
86. PEPAP
87. Pethidine
88. Pethidine intermediate A
89. Pethidine intermediate B
90. Pethidine intermediate C
91. Phenadoxone
92. Phenampromide

93. Phenazocine
94. Phenomorphan
95. Phenoperidine
96. Piminodine
97. Piritramide
98. Proheptazine
99. Properidine
100. Racemethorphan
101. Racemoramide
102. Racemorphan
103. Remifentanil
104. Sufentanil
105. Thebacon
106. Thebaine
107. Thiofentanyl
108. Tilidine
109. Trimeperidine
----*

Dextromethorphan (+)-3-methoxy-N-methylmorphinan and dextrorphan (+)-3-hydroxy-N-methylmorphinan are isomers specifically excluded from
this Schedule.
AND the isomers, unless specifically excepted, of the drugs in this Schedule whenever the existence of such isomers is possible within the specific
chemical designation;
The esters and ethers, unless appearing in another Schedule, of the drugs in this Schedule whenever the existence of such esters or ethers is possible;
The salts of the drugs listed in this Schedule, including the salts of esters, ethers and isomers as provided above whenever the existence of such salts
is possible.
LIST OF DRUGS INCLUDED IN SCHEDULE II
1. Acetyldihydrocodeine
2. Codeine
3. Dextropropoxyphene
4. Dihydrocodeine
5. Ethylmorphine
6. Nicocodine

7. Nicodicodine
8. Norcodeine
9. Pholcodine
10. Propiram
And the isomers, unless specifically excepted, of the drugs in this Schedule whenever the existence of such isomers is possible within the specific
chemical designation.
The salts of the drugs listed in this Schedule, including the salts of the isomers as provided above whenever the existence of such salts is possible.

LIST OF DRUGS INCLUDED IN SCHEDULE III

1. Preparations of :

Acetyldihydrocodeine,
Codeine,
Dihydrocodeine,
Ethylmorphine,
Nicocodine,
Nicodicodine,
Norcodeine and
Pholcodine
When compounded with one or more other ingredients
and containing not more than milligrams of the drug per
dosage unit and with a concentration of not more than
2.5 per cent in undivided preparations.

2. Preparations of :

Propiram containing not more than 100 milligrams of

propiram per dosage unit and compounded with at least
the same amount of Methylcellulose.

3. Preparations of :

Dextropropoxyphene for oral use containing not more

than 135 milligrams of dextropropoxyphene base per
dosage unit or with a concentration of not more than 2.5

per cent in undivided preparations, provided that such

preparations do not contain any substance controlled
under the Convention on Psychotropic Substances of
1971.

4. Preparations of :

Cocaine containing not more than 0.1 per cent of

cocaine calculated as cocaine base; and

Preparations of:
Opium or morphine containing not more than 0.2 per
cent of morphine calculated as anhydrous morphine
base and compounded with one or more other
ingredients and in such a way that the drug cannot be
recovered by readily applicable means or in a yield that
would constitute a risk to public health.

5. Preparations of :

Difenoxin containing, per dosage unit, not more than 0.5

milligrams of difenoxin and a quantity of atropine sulfate
equivalent to at least 5 per cent of the dose of difenoxin.

6. Preparations of :

Diphenoxylate containing per dosage unit, not more than

2.5 milligrams diphenoxylate calculated as base and a
quantity of atropine sulfate equivalent to at least 1 per
cent of the dose of diphenoxylate.

7. Preparations of :

Pulvis ipecacuanhae et opii compositus

10 per cent opium in powder
10 per cent ipecacuanha root, in powder well
mixed with
80 per cent of any other powdered ingredient

containing no drug.

8. Preparations conforming to any of the formulas listed in this Schedule and

mixtures such preparations with any material which contains no drug.

LIST OF DRUGS INCLUDED IN SCHEDULE IV

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

BROLAMFETAMINE (DOB)

()-4-Bromo-2,5-dimethoxy-a-

methylphenethylamine
Dimethoxybromoamphetamine

CATHINONE

(-)-(S)-2-Aminopropiophenone

DET

3-[2-(Diethylamino)ethyl)indole)

DMA

()-2,5-DIMETHOXY-amethylphenethylamine
2,5 Dimethoxyamphetamine

DMPH

3-(1,2-Dimethylhepty)-7,8,9,-10-tetrahydro6,6,9-trimethyl-6H-dibenzo[b,d]pyran-1-ol

DMT

3-[2-(Dimethylamino)ethyl]indole

DOET

()-4-Ethyl-2,5-dimethoxy-a-phorethylamine
2,5-Dimethoxy-4-ethylamphetamine

ETICYCLIDINE (PCE)

N-Ethyl-1-phenylcyclohexylamine

ETRYPAMINE

3-(2-Aminobutyl)indole

(+)-LYSERGIDE (LSD, LSD25)

9,10-Didehydro-N,N-diethyl-6methylergoline-8b- carboxamide

MDA

(+)-N, a-Dimethyl-3,4-(methylenedioxy)phenethylamine
3,4-Methylenedioxymethamphetamine

MESCALINE

3,4,5-Trimethoxyphenethylamine

METHCATHINONE

2-(Methylamino)-1-phenylpropan-1-one

4-METHYLAMINOREX

(+)-cis-2-Amino-4-methyl-5-phenyl-2oxazoline

MMDA

2-Methoxy-a-methyl-4,5(methylenedioxy)phenethylamine
5-Methoxy-3,4-methylenedioxyamphetamine

N-ETHYL MDA

(+)-N-Ethyl-a-methyl-

3,4(methylenedioxy)phenethylamine
3-4-Methylenedioxy-N-ethylamphetamine

N-HYDROXY MDA

(+)-N-[a-Methyl-3,4(methylenedioxy)phenethyl]-hydroxylamine

PARAHEXYL

3-Hexyl-7,8,9,10-tetrahydro-6,6,-9-trimethyl6H-dibenzo[b,d]pyran-1-ol

PMA

p-Methoxy-a-methylphenethylamine
Paramethoxyamphetamine

PSILOCINE, PSILOTSIN

3-[2-(Dimethylamino)ethyl]indol-4-ol

PSILOCYBINE

3-[2-(Dimethylamino)ethyl]indol-4-yl
dihydrogen phosphate

ROLICYCLIDINE (PHP,
PCPY)

1-(1-Phenylcyclohexyl)pyrrolidine

STP, DOM

2,5-Dimethoxy-a,4-dimethylphenethylamine

TENAMFETAMINE (MDA)

a-Methyl-3,4(methylenedioxy)phenethylamine
Methylenedioxyamphetamine

TENOCYCLIDINE (TCP)

1-[1-(2-Thienyl)cyclohexyl]piperridine

TETRAHYDROCANNABINOL - the following isomers and their

stereochemical variants:
7,8,9,10-Tetrahydro-6,6,9trimethyl-3-pentyl-6Hdibenzo[b,d]pyran-1-ol
(9R,10aR)-8,9,10,10a-Tetrahydro-6,6,9-trimethyl3-pentyl-6H-dibenzo[b,d]pyran-1-ol
(6aR,9R,10aR)-6a,9,10,10a-Tetrahydro-6,6,9trimethyl-3-pentyl-6H-dibenzo[b,d]pyran-1-ol
(6aR,10aR)-6a,7,10,10a-Tetrahydro-6,6,9trimethyl-3-pentyl-6H-dibenzo[b,d]pyran-1-ol
(6a,7,8,9-Tetrahydro-6,6,9-trimethyl-3-pentyl-6Hdibenzo[b,d]pyran-1-ol
(6aR,10aR)-6a,7,8,9,10,10a-Hexahydro6,6,dimethyl-9-methylene-3-pentyl-6HDibenzo[b,d]pyran-1-ol

TMA

()-3,4,5-Trimethoxy-a

methylphenethylamine
3,4,5-Trimethoxyamphetamine
4-MIA-(a-methyl-4methylthiophenethylamine)

The stereoisomers, unless specifically excepted, of substances in this Schedule, whenever the existence of such stereou\isomers is possible within the
specific chemical designation.
LIST OF SUBSTANCES IN SCHEDULE II
1. AMFETAMINE (AMPHETAMINE)
2. DEXAMFETAMINE (DEXAMPHETAMINE)
3. FENETYLLINE
4. LEVAMFETAMINE (LEVAMPHETAMINE)
5. LEVOMETHAMPHETAMINE
6. MECLOQUALONE
7. METAMFETAMINE (METHAMPHETAMINE)
8. METHAMPHETAMINE RACEMATE
9. METHAQUALONE
10. METHYLPHENIDATE
11. PHENCYCLIDINE (PCP)
12. PHENMETRAZINE
13. SECOBARBITAL
14. DRONABINOL (delta-9-tetrahydro-cannabinol and its stereochemical variants)
15. ZIPEPROL
16. 2C-B(4-bromo-2,5-dimethoxyphenethylamine)
LIST OF SUBSTANCES IN SCHEDULE III
1. AMOBARBITAL
2. BUPRENORPHINE
3. BUTALBITAL
4. CATHINE (+)-norpseudo-ephedrine
5. CYCLOBARBITAL

6. FLUNITRAZEPAM
7. GLUTETHIMIDE
8. PENTAZOCINE
9. PENTOBARBITAL
Substances in Schedule IV
1. ALLOBARBITAL
2. ALPRAZOLAM
3. AMFEPRAMONE 4. AMINOREX
5. BARBITAL
6. BENZFETAMINE(benzphetamine)
7. BROMAZEPAM
8. Butobarbital
9. BROTIZOLAM
10. CAMAZEPAM
11. CHLORDIAZEPOXIDE
12. CLOBAZAM
13. CLONAZEPAM
14. CLORAZEPATE
15. CLOTIAZEPAM
16. CLOXAZOLAM
17. DELORAZEPAM
18. DIAZEPAM
19. ESTAZOLAM
20. ETHCHLORVYNOL
21. ETHINAMATE
22. ETHYL LOFLAZEPATE
23. ETILAMFETAMINE(N-ethylampetamine)
24. FENCAMFAMIN
25. FENPROPOREX
26. FLUDIAZEPAM
27. FLURAZEPAM
28. HALAZEPAM
29. HALOXAZOLAM
30. KETAZOLAM
31. LEFETAMINE(SPA)
32. LOPRAZOLAM
33. LORAZEPAM

34. LORMETAZEPAM
35. MAZINDOL
36. MEDAZEPAM
37. MEFENOREX
38. MEPROBAMATE
39. MESOCARB
40. METHYLPHENOBARBITAL
41. METHYPRYLON
42. MIDAZOLAM
43. NIMETAZEPAM
44. NITRAZEPAM
45. NORDAZEPAM
46. OXAZEPAM
47. OXAZOLAM
48. PEMOLINE
49. PHENDIMETRAZINE
50. PHENOBARBITAL
51. PHENTERMINE
52. PINAZEPAM
53. PIPRADROL
54. PRAZEPAM
55. PYROVALERONE
56. SECBUTABARBITAL
57. TEMAZEPAM
58. TETRAZEPAM
59. TRIAZOLAM
60. VINYLBITAL GHB (Gamma-Hydroxyburic acid)
61. Zolpidem

REPUBLIC ACT NO. 8203

AN ACT PROHIBITING COUNTERFEIT DRUGS, PROVIDING PENALTIES FOR VIOLATIONS AND APPROPRIATING FUNDS
THEREFOR
SECTION 1. Title. This Act shall be known as the Special Law on Counterfeit Drugs.
SECTION 2. Declaration of Policy. It is hereby the policy of the State to protect and promote the right to health of the people and instill health
consciousness among them as provided in Section 15, Article II of the Constitution. It is also further declared the policy of the State that in order to
safeguard the health of the people, the State shall provide for their protection against counterfeit drugs.
SECTION 3. Definition of Terms. For purposes of this Act, the terms:
a) Drugs shall refer to any chemical compound or biological substance, other than food, intended for use in the treatment, prevention or diagnosis of
disease in man or animals, including but not limited to:
1) any article recognized in the official United States Pharmacopoeia-National Formulary (USP-NF), official Homeopathic Pharmacopoeia of the
United States, Philippine National Drug Formulary, British Pharmacopoeia, any National Compendium or any supplement to any of them;

2) any article intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in man or animals;
3) any article other than food intended to affect the structure or any function of the body of man or animals;
4) any article intended for use as a component of any articles specified in clauses (1), (2), (3) not including devices or their components, parts, or
accessories; and
5) herbal and/or traditional drugs which are articles of plant or animal origin used in folk medicine which are: (a) recognized in the Philippine
National Drug Formulary; (b) intended for use in the treatment or cure or mitigation of disease symptoms, injury or bodily defect in man; (c) other
than food, intended to affect the structure or any function of the body of man; (d) in finished or ready-to-use dosage form; and (e) intended for use as
a component of any of the articles specified in clauses (a), (b), (c) and (d).
b) Counterfeit drug/medicine refers to medicinal products with the correct ingredients but not in the amounts as provided hereunder, wrong
ingredients, without active ingredients, with insufficient quantity of active ingredient, which results in the reduction of the drugs safety, efficacy,
quality, strength or purity. It is a drug which is deliberately and fraudulently mislabeled with respect to identity and/or source or with fake packaging,
and can apply to both branded and generic products. It shall also refer to:
1) the drug itself, or the container or labeling thereof or any part of such drug, container or labeling bearing without authorization the trademark,
trade name or other identification mark or imprint or any likeness to that which is owned or registered in the Bureau of Patent, Trademark and
Technology Transfer (BPTTT) in the name of another natural or juridical person;
2) a drug product refilled in containers by unauthorized persons if the legitimate labels or marks are used;
3) an unregistered imported drug product, except drugs brought in the country for personal use as confirmed and justified by accompanying medical
records; and
4) a drug which contains no amount of, or a different active ingredient, or less than eighty percent (80%) of the active ingredient it purports to
possess, as distinguished from an adulterated drug including reduction or loss of efficacy due to expiration.
c) Brokering shall refer to any act of facilitating the disposal or sale of counterfeit drugs, including acts of agency.
d) Bureau shall refer to the Bureau of Food and Drugs (BFAD) of the Department of Health (DOH).
e) Department shall refer to the Department of Health.

f) Business establishment shall refer to any entity, whether a single proprietorship, partnership or corporation engaged in, or doing business in the
Philippines.
g) Owner shall refer to a person or group of persons who is the registered owner of a license to operate a business or business undertaking in the
Philippines or the branch manager or operator, licensee, franchisee, or any person acting on behalf of the corporate entity.
h) Residence shall refer to a private dwelling or abode where a person lives, either as owner or lessee, or usufructuary including, for purposes of this
Act, its yard, garage, storage rooms or premises.
SECTION 4. Prohibited Acts. The following are declared unlawful and therefore prohibited:
a) The manufacture, sale, offering for sale, donation, distribution, trafficking, brokering, exportation, or importation or possession of counterfeit
drugs as defined in Section 3 hereof not otherwise covered by Republic Act No. 3720, as amended. The presence or availability of such counterfeit
drugs within the premises of any entity engaged in the sale, manufacture or distribution of drugs and/or pharmaceutical products or in a private
residence, or in public or private vehicle, or in the premises not covered by a valid license to operate from the Bureau, shall constitute a prima facie
evidence of violation of this Act: Provided, however, That this presumption shall not apply to the legitimate owners of trademarks, trade names or
other identifying marks, or the legitimate or authorized representatives or agents of such owners, who have in their possession counterfeit drugs
which bear the trademarks, trade names or marks if they can show the sales invoices or official receipts evidencing their purchase from a drugstore,
manufacturer or distributor suspected by them of dealing in counterfeit drugs involving the trademarks, trade names and other similar identifying
marks registered in their names: Provided, further, That such counterfeit products shall be reported and immediately turned over to the Bureau:
Provided, finally, That compliance with the preceding proviso shall be made within a reasonable period from the date of purchase of such counterfeit
drugs as indicated in the sales invoice, official receipt, or other similar documents abovementioned to the time the counterfeit drugs are reported and
turned over to the Bureau.
b) Possession of any such counterfeit drugs. However, any person found in possession of counterfeit drugs in violation of this subsection, shall be
excepted from liability under the provisions of this Act after:
1) presentation of sales invoices, official receipts, or other legally acceptable documents evidencing his purchase thereof from a drugstore, distributor,
manufacture, hospital pharmacy or dispensary, or any other person or place duly licensed to sell and/or dispense drugs or medicines, and indicating
therein the batch and lot numbers, as well as the expiry dates such drugs; or
2) presentation of certificates and other documents evidencing the importation or exportation of the counterfeit drugs found in his possession as
required by existing laws including those documents required in the preceding paragraph covering the commercial transactions involving counterfeit
drugs.

In both cases, the subject counterfeit must not on their face, appear to be as such, or do not bear any marking or any patently unusual characteristic
sufficient to arouse the suspicion of a reasonable and prudent person that such drugs are counterfeit. Furthermore, the amount or volume of
counterfeit drugs held is such that it does not negate or is inconsistent with the averment that the same are for personal use, notwithstanding the
presentation by the possession of medical records and other similar documents accompanying and justifying the use of such drugs.
c) Forging, counterfeiting, simulating or falsely representing, or without proper authority, using any mark, stamp, tag, label or other identification
mark or device authorized or required by Republic Act No. 3720, as amended, and/or the regulations promulgated under this Act.
d) Photocopying, duplicating, altering, printing, transferring, obliterating or removing the approved label or any part thereof, lawfully belonging to
another person, for the purpose of using such label or a part thereof on any counterfeit drug: Provided, That if the person who committed any of the
acts enumerated in this paragraph and the person who used the labels produced thereby are not one and the same person and the former had
knowledge of the purpose for which the labels are intended, the former shall also be liable under this Act notwithstanding the failure of the latter to
achieve the intended purpose; and
e) Making, selling, or concealing any punch, dye, plate or any other equipment or instrument designed to print, imprint or reproduce the trademark,
trade name or other identifying mark of another registered producer or any likeness thereof, upon any drug product or device or its container or label
without authority from the legitimate owners of the trademark or trade name.
SECTION 5. Parties Liable. The following person shall be liable for violation(s) of this Act:
a) the manufacturer, exporter or importer of the counterfeit drugs and their agents: Provided, That the agents shall be liable only upon proof of actual
or constructive knowledge that the drugs are counterfeit;
b) the seller, distributor, trafficker, broker or donor and their agents, upon proof of actual or constructive knowledge that the drugs sold, distributed,
offered or donated are counterfeit drugs;
c) the possessor of counterfeit drugs as provided in Section 4 (b) hereof;
d) the manager, operator or lessee of the laboratory facilities used in the manufacture of counterfeit drugs;
e) the owner, proprietor, administrator or manager of the drugstore, hospital pharmacy or dispensary, laboratory or other outlets or premises where the
counterfeit drug is found who induces, causes or allows the commission of any act herein prohibited;
f) the registered pharmacist of the outlet where the counterfeit drug is sold or found who, sells or dispenses such drug to a third party and who has
actual or constructive knowledge that said drug is counterfeit; and

g) should the offense be committed by a juridical person, the president, general manager, the managing partner, chief operating officer or the person
who directly induces, causes or knowingly allows the commission of the offense shall be penalized.
SECTION 6. Administrative Proceedings. The Bureau is hereby further authorized to undertake the following administrative actions:
a) upon verified information on the existence of suspected counterfeit drugs in the possession of any manufacturer, seller or distributor, the duly
authorized officers of the Bureau or any officer deputized by the Bureau for the purpose shall segregate, seal and, after having obtained a valid search
warrant from a competent court, seize such counterfeit drugs and take them into custody: Provided, That in case the suspected counterfeit drugs are
found in a private residence, as defined in Section 3 of this Act or in other premises not covered by a valid license to operate issued by the Bureau,
the duly authorized officer of the Bureau or deputized officer thereof shall secure a search warrant for the purpose of seizing and taking custody such
suspected counterfeit drugs;
b) if, after the appropriate examination of the samples by the Bureau, the seized drugs are determined or found to be counterfeit, the Bureau shall,
within fifteen (15) days from their seizure, issue an order directing the preventive closure of the business establishment for a period not exceeding
thirty (30) days. Thereafter, administrative proceedings shall be initiated by the Bureau against the parties concerned where they shall have the
opportunity to be heard and present evidence on their behalf; and
c) to ensure the effective enforcement of the foregoing, the Bureau may enlist the assistance of the national or local law enforcement agencies.
SECTION 7. Administrative Sanctions. Upon finding that the drugs examined are counterfeit and the determination of the parties liable therefor,
the Bureau shall impose any or all of the following sanctions:
a) permanent closure of the establishment concerned and the revocation of its license to do business;
b) a fine of not less than One hundred thousand pesos (P100,000) but not more than Five hundred thousand pesos (P500,000);
c) upon order of the Court, forfeiture, confiscation, and destruction of products found to be counterfeit and the equipment, instruments, and other
articles used in violation of this Act;
d) filling of an appropriate proceedings against the registered pharmacist with the Professional Regulations Commission for cancellation of
professional license;
e) filing of criminal charges against the violator(s), which can be instituted independently from the administrative case: Provided, That the dismissal
of the criminal case shall not lift the closure order, except when it is a dismissal on the merits or for lack of basis: Provided, further, That the
withdrawal of the private criminal complaint shall not be a ground for the dismissal of the administrative proceedings; and

f) permanent disqualification of the person concerned, whether natural or juridical, from owning or operating an establishment engaged in any
business activity under the supervision of the Bureau.
SECTION 8. Penalties. The commission of any of the acts prohibited under Sections 4 and 6 of this Act shall be punished by:
a) imprisonment of not less than six (6) months and one (1) day, but not more than six (6) years for mere possession of counterfeit drugs as provided
for in Section 4 (b) hereof; or
b) imprisonment of six (6) years and one (1) day, but not more than ten (10) years or a fine of not less than One hundred thousand pesos (P100,000)
but not more than Five hundred thousand pesos (P500,000) or both such imprisonment and fine at the discretion of the court in any other case
mentioned in Section 4 hereof; or
c) imprisonment of not less than six (6) months and one (1) day, but not more than two (2) years and four (4) months if the counterfeit drug is
intended for animals; or
d) imprisonment of not less than six (6) years and one (1) day, but not more than ten (10) years for any manufacturer, seller or distributor who shall
conceal, substitute, dispose or destroy any drug as may have been segregated and sealed by the Bureau, or who shall break, alter or tamper any mark
or seal used by the Bureau to identify those segregated drugs as provided for under Section 6 (a) of this Act. Any other person who breaks, alters or
tampers any mark or seal used by the Bureau to identify the segregated drugs shall suffer the penalty of not less than six (6) months and one (1) day,
but not more than six (6) years imprisonment; or
e) if, as a result of the use of the drug found to be counterfeit, the illness sought to be cured is aggravated or physical injury or suffering results
therefrom, a punishment of imprisonment from twelve (12) years to fifteen (15) years and a fine ranging from One hundred thousand pesos
(P100,000) to Five hundred thousand pesos (P500,000) shall be meted out; or
f) should a counterfeit drug be the proximate cause of death of a victim, who unknowingly purchased and took a counterfeit drug, the penalty of life
imprisonment and a fine of Five hundred thousand pesos (P500,000) to Five million pesos (P5,000,000) shall be imposed.
In case any act prohibited in Section 4 hereof is also punishable under other laws, the offender shall, if warranted by the evidence, be prosecuted
under the law prescribing the highest penalty.
SECTION 9. Appropriations. The amount necessary to carry out the provisions of this Act shall be included in the General Appropriations Act for
the year following its enactment and every year thereafter.

SECTION 10. Implementation. The Bureau of Food and Drugs of the Department of Health is hereby authorized to administer and supervise the
implementation of this Act.
SECTION 11. Implementing Rules and Regulations. Within ninety (90) days from the approval of this Act, the Bureau of Food and Drugs, in
consultation with the Department of Health, shall promulgate the rules and regulations implementing the provisions of this Act. The implementing
rules and regulations issued pursuant to this section shall take effect thirty (30) days after its publication in two (2) national newspaper of general
circulation.
SECTION 12. Separability Clause. If for any reason, any portion or provision of this Act is subsequently declared unconstitutional or invalid, such
declaration shall not nullify the other portions or provisions hereof.
SECTION 13. Repealing Clause. All laws, decrees, executive or administrative orders, rules or regulations inconsistent with the provisions of this
Act are hereby repealed or modified accordingly.
SECTION 14. Effectivity. This Act shall take effect fifteen (15) days after its publication in at least two (2) national newspaper of general
circulation. Approved, September 5, 1996

Republic of the Philippines

CONGRESS OF THE PHILIPPINES
Metro Manila

Fourteenth Congress
Third Regular Session
Begun and held in Metro Manila, on Monday, the twenty-seventh day of July, two thousand nine.
REPUBLIC ACT NO. 9994
AN ACT GRANTING ADDITIONAL BENEFITS AND PRIVILEGES TO SENIOR CITIZENS, FURTHER AMENDING REPUBLIC ACT
NO. 7432, AS AMENDED, OTHERWISE KNOWN AS AN ACT TO MAXIMIZE THE CONTRIBUTION OF SENIOR CITIZENS TO
NATION BUILDING, GRANT BENEFITS AND SPECIAL PRIVILEGES AND FOR OTHER PURPOSES
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:
Section 1. Title. This Act Shall be known as the Expanded Senior Citizens Act of 2010.
Sec. 2. Section 1 of Republic Act No. 7432, as amended by Republic Act No. 9257, otherwise known as the Expanded Senior Citizens Act of 2003,
is hereby further amended to read as follows:
SECTION 1. Declaration of Policies and Objectives. As provided in the Constitution of the Republic of the Philippines, it is the declared policy of
the State to promote a just and dynamic social order that will ensure the prosperity and independence of the nation and free the people from poverty
through policies that provide adequate social services, promote full employment, a rising standard of living and an improved quality of life. In the
Declaration of Principles and State Policies in Article II, Sections 10 and 11, it is further declared that the State shall provide social justice in all
phases of national development and that the State values the dignity of every human person and guarantees full respect for human rights.
Article XIII, Section 11 of the Constitution provides that the State shall adopt an integrated and comprehensive approach to health development
which shall endeavor to make essential goods, health and other social services available to all the people at affordable cost. There shall be priority for
the needs of the underprivileged, sick, elderly, disabled, women and children. Article XV, Section 4 of the Constitution Further declares that it is the
duty of the family to take care of its elderly members while the State may design programs of social security for them.
Consistent with these constitutional principles, this Act shall serve the following objectives:
(a) To recognize the rights of senior citizens to take their proper place in society and make it a concern of the family, community, and government;
(b) To give full support to the improvement of the total well-being of the elderly and their full participation in society, considering that senior
citizens are integral part of Philippine society;
(c) To motivate and encourage the senior citizens to contribute to nation building;

(d) To encourage their families and the communities they live with to reaffirm the valued Filipino tradition of caring for the senior citizens;
(e) To provide a comprehensive health care and rehabilitation system for disabled senior citizens to foster their capacity to attain a more meaningful
and productive ageing; and
(f) To recognize the important role of the private sector in the improvement of the welfare of senior citizens and to actively seek their partnership.
In accordance with these objectives, this Act shall:
(1) establish mechanisms whereby the contributions of the senior citizens are maximized;
(2) adopt measures whereby our senior citizens are assisted and appreciated by the community as a whole;
(3) establish a program beneficial to the senior citizens, their families and the rest of the community they serve: and
(4) establish community-based health and rehabilitation programs for senior citizens in every political unit of society.
Sec. 3. Section 2 of Republic Act No. 7432, as amended by Republic Act No. 9257, otherwise known as the Expanded Senior Citizens Act of 2003,
is hereby further amended to read as follows:
SEC. 2. Definition of terms. For purposes of this Act, these terms are defined as follows:
(a) Senior citizen or elderly refers to any resident citizen of the Philippines at least sixty (60) years old;
(b) Geriatrics refer to the branch of medical science devoted to the study of the biological and physical changes and the diseases of old age;
(c) Lodging establishment refers to a building, edifice, structure, apartment or house including tourist inn, apartelle, motorist hotel, and pension
house engaged in catering, leasing or providing facilities to transients, tourists or travelers;
(d) Medical Services refer to hospital services, professional services of physicians and other health care professionals and diagnostics and laboratory
tests that the necessary for the diagnosis or treatment of an illness or injury;
(e) Dental services to oral examination, cleaning, permanent and temporary filling, extractions and gum treatments, restoration, replacement or
repositioning of teeth, or alteration of the alveolar or periodontium process of the maxilla and the mandible that are necessary for the diagnosis or
treatment of an illness or injury;

(f) Nearest surviving relative refers to the legal spouse who survives the deceased senior citizen: Provided, That where no spouse survives the
decedent, this shall be limited to relatives in the following order of degree of kinship: children, parents, siblings, grandparents, grandchildren, uncles
and aunts;
(g) Home health care service refers to health or supportive care provided to the senior citizen patient at home by licensed health care professionals
to include, but not limited to, physicians, nurses, midwives, physical therapist and caregivers; and
(h) Indigent senior citizen, refers to any elderly who is frail, sickly or with disability, and without pension or permanent source of income,
compensation or financial assistance from his/her relatives to support his/her basic needs, as determined by the Department of Social Welfare and
development (DSWD) in consultation with the National Coordinating and Monitoring Board.
Sec. 4 Section 4 of Republic Act No. 7432, as amended by Republic Act No. 9257, otherwise known as the Expanded Senior Citizens Act of 2003,
is hereby further amended to read as follows:
SEC. 4. Privileges for the Senior Citizens.
The senior citizens shall be entitled to the following:
(a) the grant of twenty percent (20%) discount and exemption from the value -added tax (VAT), if applicable, on the sale of the following goods and
services from all establishments, for the exclusive use and enjoyment or availment of the senior citizen
(1) on the purchase of medicines, including the purchase of influenza and pnuemococcal vaccines, and such other essential medical supplies,
accessories and equipment to be determined by the Department of Health (DOH).
The DOH shall establish guidelines and mechanism of compulsory rebates in the sharing of burden of discounts among retailers, manufacturers and
distributors, taking into consideration their respective margins;
(2) on the professional fees of attending physician/s in all private hospitals, medical facilities, outpatient clinics and home health care services;
(3) on the professional fees of licensed professional health providing home health care services as endorsed by private hospitals or employed
through home health care employment agencies;
(4) on medical and dental services, diagnostic and laboratory fees in all private hospitals, medical facilities, outpatient clinics, and home health care
services, in accordance with the rules and regulations to be issued by the DOH, in coordination with the Philippine Health Insurance Corporation
(PhilHealth);
(5) in actual fare for land transportation travel in public utility buses (PUBs), public utility jeepneys (PUJs), taxis, Asian utility vehicles (AUVs),
shuttle services and public railways, including Light Rail Transit (LRT), Mass Rail Transit (MRT), and Philippine National Railways (PNR);

(6) in actual transportation fare for domestic air transport services and sea shipping vessels and the like, based on the actual fare and advanced
booking;
(7) on the utilization of services in hotels and similar lodging establishments, restaurants and recreation centers;
(8) on admission fees charged by theaters, cinema houses and concert halls, circuses, leisure and amusement; and
(9) on funeral and burial services for the death of senior citizens;
(b) exemption from the payment of individual income taxes of senior citizens who are considered to be minimum wage earners in accordance with
Republic Act No. 9504;
(c) the grant of a minimum of five percent (5%) discount relative to the monthly utilization of water and electricity supplied by the public
utilities: Provided, That the individual meters for the foregoing utilities are registered in the name of the senior citizen residing therein: Provided,
further, That the monthly consumption does not exceed one hundred kilowatt hours (100 kWh) of electricity and thirty cubic meters (30 m3) of
water: Provided, furthermore, That the privilege is granted per household regardless of the number of senior citizens residing therein;
(d) exemption from training fees for socioeconomic programs;
(e) free medical and dental services, diagnostic and laboratory fees such as, but not limited to, x-rays, computerized tomography scans and blood
tests, in all government facilities, subject to the guidelines to be issued by the DOH in coordination with the PhilHealth;
(f) the DOH shall administer free vaccination against the influenza virus and pneumococcal disease for indigent senior citizen patients;
(g) educational assistance to senior citizens to pursue pot secondary, tertiary, post tertiary, vocational and technical education, as well as short-term
courses for retooling in both public and private schools through provision of scholarships, grants, financial aids, subsides and other incentives to
qualified senior citizens, including support for books, learning materials, and uniform allowances, to the extent feasible: Provided, That senior
citizens shall meet minimum admission requirements;
(h) to the extent practicable and feasible, the continuance of the same benefits and privileges given by the Government Service Insurance System
(GSIS), the Social Security System (SSS) and the PAG-IBIG, as the case may be, as are enjoyed by those in actual service;
(i) retirement benefits of retirees from both the government and the private sector shall be regularly reviewed to ensure their continuing
responsiveness and sustainability, and to the extent practicable and feasible, shall be upgraded to be at par with the current scale enjoyed by those in
actual service;
(j) to the extent possible, the government may grant special discounts in special programs for senior citizens on purchase of basic commodities,
subject to the guidelines to be issued for the purpose by the Department of Trade and Industry (DTI) and the Department of Agriculture (DA);

(k) provision of express lanes for senior citizens in all commercial and government establishments; in the absence thereof, priority shall be given to
them; and
(l) death benefit assistance of a minimum of Two thousand pesos (Php2, 000.00) shall be given to the nearest surviving relative of a deceased senior
citizen which amount shall be subject to adjustments due to inflation in accordance with the guidelines to be issued by the DSWD.cralaw
In the availment of the privileges mentioned above, the senior citizen, or his/her duly authorized representative, may submit as proof of his/her
entitled thereto any of the following:
(1) an identification card issued by the Office of the Senior Citizen Affairs (OSCA) of the place where the senior citizen resides: Provided, That the
identification card issued by the particular OSCA shall be honored nationwide;
(2) the passport of the senior citizen concerned; and
(3) other documents that establish that the senior citizen is a citizen of the Republic and is at least sixty (60) years of age as further provided in the
implementing rules and regulations.
In the purchase of goods and services which are on promotional discount, the senior citizen can avail of the promotional discount or the discount
provided herein, whichever is higher.cralaw
The establishment may claim the discounts granted under subsections (a) and (c) of this section as tax deduction based on the cost of the goods sold
or services rendered: Provided, That the cost of the discount shall be allowed as deduction from gross income for the same taxable year that the
discount is granted: Provided, further, That the total amount of the claimed tax deduction net of VAT, if applicable, shall be included in their gross
sales receipts for tax purposes and shall be subject to proper documentation and to the provisions of the National Internal Revenue Code (NICR), as
amended.
Sec. 5. Section 5 of the same Act, as amended, is hereby further amended to read as follows:
SEC. 5. Government Assistance. The government shall provide the following:
(a) Employment
Senior citizens who have the capacity and desire to work, or be re-employed, shall be provided information and matching services to enable them to
be productive members of society. Terms of employment shall conform with the provisions of the Labor Code, as amended, and other laws, rules and
regulations.
Private entities that will employ senior citizens as employees, upon the effectivity of this Act, shall be entitled to an additional deduction from their
gross income, equivalent to fifteen percent (15%) of the total amount paid as salaries and wages to senior citizens, subject to the provision of Section

34 of the NIRC, as amended: Provided, however, That such employment shall continue for a period of at least six (6) months: Provided, further, That
the annual income of the senior citizen does not exceed the latest poverty threshold as determined by the National Statistical Coordination Board
(NSCB) of the National Economic and Development Authority (NEDA) for that year.
The Department of Labor and Employment (DOLE), in coordination with other government agencies such as, but not limited to, the Technology and
Livelihood Resource Center (TLRC) and the Department of Trade and Industry (DTI), shall assess, design and implement training programs that will
provide skills and welfare or livelihood support for senior citizens.
(b) Education
The Department of Education (DepED), the Technical Education and Skills Development Authority (TESDA) and the Commission on Higher
Education (CHED), in consultation with nongovernmental organizations (NGOs) and peoples organizations (POs) for senior citizens, shall institute
programs that will ensure access to formal and nonformal education.
(c) Health
The DOH, in coordination with local government units (LGUs), NGOs and POs for senior citizens, shall institute a national health program and
shall provide an integrated health service for senior citizens. It shall train community-based health workers among senior citizens and health
personnel to specialize in the geriatric care and health problems of senior citizens.
The national health program for senior citizens shall, among others, be harmonized with the National Prevention of Blindness Program of the DOH.
Throughout the country, there shall be established a senior citizens ward in every government hospital. This geriatric ward shall be for the
exclusive use of senior citizens who are in need of hospital confinement by reason of their health conditions. However, when urgency of public
necessity purposes so require, such geriatric ward may be used for emergency purposes, after which, such senior citizens ward shall be reverted to
its nature as geriatric ward.
(d) Social Services
At least fifty percent (50%) discount shall be granted on the consumption of electricity, water, and telephone by the senior citizens center and
residential care/group homes that are government-run or non-stock, non-profit domestic corporation organized and operated primarily for the purpose
of promoting the well-being of abandoned, neglected, unattached, or homeless senior citizens, subject to the guidelines formulated by the DSWD.
(1) self and social enhancement services which provide senior citizens opportunities for socializing, organizing, creative expression, and selfimprovement;
(2) after care and follow-up services for citizens who are discharged from the homes or institutions for the aged, especially those who have
problems of reintegration with family and community, wherein both the senior citizens and their families are provided with counseling;

(3) neighborhood support services wherein the community or family members provide caregiving services to their frail, sick, or bedridden senior
citizens; and
(4) substitute family care in the form of residential care or group homes for the abandoned, neglected, unattached or homeless senior citizens and
those incapable of self-care.
(e) Housing
The national government shall include in its national shelter program the special housing needs of senior citizens, such as establishment of housing
units for the elderly.
(f) Access to Public Transport
The Department of Transportation and Communications (DOTC) shall develop a program to assist senior citizens to fully gain access to public
transport facilities.
(g) Incentive for Foster Care
The government shall provide incentives to individuals or nongovernmental institution caring for or establishing homes, residential communities or
retirement villages solely for, senior citizens, as follows:
(1) realty tax holiday for the first five (5) years starting from the first year of operation; and
(2) priority in the construction or maintenance of provincial or municipal roads leading to the aforesaid home, residential community or retirement
village.
(h) Additional Government Assistance
(1) Social Pension
Indigent senior citizens shall be entitled to a monthly stipend amounting to Five hundred pesos (Php500.00) to augment the daily subsistence and
other medical needs of senior citizens, subject to a review every two (2) years by Congress, in consultation with the DSWD.
(2) Mandatory PhilHealth Coverage
All indigent senior citizens shall be covered by the national health insurance program of PhilHealth. The LGUs where the indigent senior citizens
resides shall allocate the necessary funds to ensure the enrollment of their indigent senior citizens in accordance with the pertinent laws and
regulations.

(3) Social Safety Nets

Social safety assistance intended to cushion the effects of economics shocks, disasters and calamities shall be available for senior citizens. The
social safety assistance which shall include, but not limited to, food, medicines, and financial assistance for domicile repair, shall be sourced from the
disaster/calamity funds of LGUs where the senior citizens reside, subject to the guidelimes to be issued by the DSWD.
Sec. 6. Section 6 of the same Act, as amended, is heeby further amended to read as follows:
SEC. 6. The Office for Senior Citizens Affairs (OSCA). There shall be established in all cities and municipalities an OSCA to be headed by a senior
citizen who shall be appointed by the mayor for a term of three (3) years without reappointment but without prejudice to an extension if exigency so
requires. Said appointee shall be chosen from a list of three (3) nominees as recommended by a general assembly of senior citizens organizations in
the city or municipality.
The head of the OSCA shall be appointed to serve the interest of senior citizens and shall not be removed or replaced except for reasons of death
permanent disability or ineffective performance of his duties to the detriment of fellow senior citizens.
The head of the OSCA shall be entitled to receive an honorarium of an amount at least equivalent to Salary Grade 10 to be approved by the LGU
concerned.
The head of the OSCA shall be assisted by the City Social Welfare and Development officer or by the Municipal Social Welfare and Development
Officer, in coordination with the Social Welfare and Development Office.
The Office of the Mayor shall exercise supervision over the OSCA relative to their plans, activities and programs for senior citizens. The OSCA
shall work together and establish linkages with accredited NGOs Pos and the barangays in their respective areas.
The OSCA shall have the following functions:
(a) To plan, implement and monitor yearly work programs in pursuance of the objectives of this Act;
(b) To draw up a list of available and required services which can be provided by the senior citizens;
(c) To maintain and regularly update on a quarterly basis the list of senior citizens and to issue national individual identification cards, free of
charge, which shall be valid anywhere in the country;
(d) To serve as a general information and liason center for senior citizens;
(e) To monitor compliance of the provisions of this Act particularly the grant of special discounts and privileges to senior citizens;

(f) To report to the mayor, any individual, establishments, business entity, institutions or agency found violating any provision of this Act; and
(g) To assist the senior citizens in filing complaints or charges against any individual, establishments, business entity, institution, or agency refusing
to comply with the privileges under this Act before the Department of Justice (DOJ), the Provincial Prosecutors Office, the regional or the municipal
trial court, the municipal trial court in cities, or the municipal circuit trial court.
Sec. 7. Section 10 of the same Act, as amended, is hereby further amended to read as follows:
SEC. 10. Penalties. Any person who refuses to honor the senior citizen card issued by this the government or violates any provision of this Act
shall suffer the following penalties:
(a) For the first violation, imprisonment of not less than two (2) years but not more than six (6) years and a fine of not less than Fifty thousand pesos
(Php50,000.00) but not exceeding One hundred thousand pesos (Php100,000.00);
(b) For any subsequent violation, imprisonment of not less than two (2) years but not more than six (6) years and a fine of not less than One
Hundred thousand pesos (Php100,000.00) but not exceeding Two hundred thousand pesos (Php200,000.00); and
(c) Any person who abuses the privileges granted herein shall be punished with imprisonment of not less than six (6) months and a fine of not less
than Fifty thousand pesos (Php50,000.00) but not more than One hundred thousand pesos (Php100,000.00).
If the offender is a corporation, partnership, organization or any similar entity, the officials thereof directly involved such as the president, general
manager, managing partner, or such other officer charged with the management of the business affairs shall be liable therefor.
If the offender is an alien or a foreigner, he/she shall be deported immediately after service of sentence.
Upon filing of an appropriate complaint, and after due notice and hearing, the proper authorities may also cause the cancellation or revocation of the
business permit, permit to operate, franchise and other similar privileges granted to any person, establishment or business entity that fails to abide by
the provisions of this Act.
Sec. 8. Section 11 of the same Act, as amended, is hereby further amended to read as follows:
SEC. 11. Monitoring and Coordinating Mechanism. A National Coordinating and Monitoring Board shall be established which shall be composed
of the following:
(a) Chairperson the Secretary of the DSWD or an authorized representative;
(b) Vice Chairperson the Secretary of the Department of the Interior and Local Government (DILG) or an authorized representative; and

(c) Members:
(1) the Secretary of the DOJ or an authorized representative;
(2) the Secretary of the DOH or an authorized representative;
(3) the Secretary of the DTI or an authorized representative; and
(4) representatives from five (5) NGOs for senior citizens which are duly accredited by the DSWD and have service primarily for senior citizens.
Representatives of NGOs shall serve a period of tree (3) years.
The Board may call on other government agencies, NGOs and Pos to serve as resource persons as the need arises. Resource person have no right to
vote in the National Coordinating and Monitoring Board.
Sec. 9. Implementing Rules and Regulations. Within sixty (60) days from theeffectivity of this Act, the Secretary of the DSWD shall formulate and
adopt amendments to the existing rules and regulations implementing Republic Act No. 7432, as amended by Republic Act No. 9257, to carry out the
objectives of this Act, in consultation with the Department of Finance, the Department of Tourism, the Housing and Urban Development
Coordinating Council (HUDCC), the DOLE, the DOJ, the DILG, the DTI, the DOH, the DOTC, the NEDA, the DepED, the TESDA, the CHED, and
five (5) NGOs or POs for the senior citizens duly accredited by the DSWD. The guidelines pursuant to Section 4(a)(i) shall be established by the
DOH within sixty (60) days upon the effectivity of this Act.
Sec. 10. Appropriations. The Necessary appropriations for the operation and maintenance of the OSCA shall be appropriated and approved by the
LGUs concerned. For national government agencies, the requirements to implement the provisions of this Act shall be included in their respective
budgets: Provided, That the funds to be used for the national health program and for the vaccination of senior citizens in the first year of the DOH
and thereafter, as a line item under the under the DOH budget in the subsequent General Appropriations Act (GAA): Provided, further, That the
monthly social pension for indigent senior citizens in the first year of implementation shall be added to the regular appropriations of the DSWD
budget in the subsequent GAA.
Sec. 11. Repealing Clause. All law, executive orders, rules and regulations or any part hereof inconsistent herewith are deemed repealed or
modified accordingly.
Sec. 12. Separability Clause. If any part or provision of this Act shall be declared unconstitutional and invalid, such 18 declaration shall not
invalidate other parts thereof which shall remain in full force and effect.
Sec. 13. Effectivity. This Act shall take effect fifteen (15) days its complete publication n the Official Gazette or in at least two (2) newspapers of
general circulation, whichever comes earlier.
Approved

(Sgd.) PROSPERO C. NOGRALES

Speaker of the House of Representatives

(Sgd.) JUAN PONCE ENRILE

President of the Senate

This Act which is a consolidation of Senate Bill No. 3561 and House Bill No. 6390 was finally passed by the Senate and the House of
Representatives on January 27, 2010.
(Sgd.) MARILYN B. BARUA-YAP
Secretary General
House of Represenatives

(Sgd.) EMMA LIRIO-REYES

Secretary of Senate

Approved: FEB 15, 2010

(Sgd.) GLORIA MACAPAGAL-ARROYO
President of the Philippines

Republic of the Philippines

Congress of the Philippines
Metro Manila
Fourteenth Congress
Second Regular Session

Begun and held in Metro Manila, on Monday, the twenty-eighth day of July, two thousand eight.
Republic Act No. 9711

August 18, 2009

AN ACT STRENGTHENING AND RATIONALIZING THE REGULATORY CAPACITY OF THE BUREAU OF FOOD AND DRUGS
(BFAD) BY ESTABLISHING ADEQUATE TESTING LABORATORIES AND FIELD OFFICES, UPGRADING ITS EQUIPMENT,
AUGMENTING ITS HUMAN RESOURCE COMPLEMENT, GIVING AUTHORITY TO RETAIN ITS INCOME, RENAMING IT THE
FOOD AND DRUG ADMINISTRATION (FDA), AMENDING CERTAIN SECTIONS OF REPUBLIC ACT NO. 3720, AS AMENDED,
AND APPROPRIATING FUNDS THEREOF
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled::
Section 1. The Bureau of Food and Drugs (BFAD) is hereby renamed the Food and Drug Administration (FDA).
Section 2. This Act shall be known as the "Food and Drug Administration (FDA) Act of 2009".
Section 3. It is hereby declared a policy of the State to adopt, support, establish, institutionalize, improve and maintain structures, processes,
mechanisms and initiatives that are aimed, directed and designed to: (a) protect and promote the right to health of the Filipino people; and (b) help
establish and maintain an effective health products regulatory system and undertake appropriate health manpower development and research,
responsive to the country's health needs and problems. Pursuant to this policy, the State must enhance its regulatory capacity and strengthen its
capability with regard to the inspection, licensing and monitoring of establishments, and the registration and monitoring of health products.
Section 4. This Act has the following objectives:
(a) To enhance and strengthen the administrative and technical capacity of the FDA in the regulation of establishments and products under its
jurisdiction;

(b) To ensure the FDA's monitoring and regulatory coverage over establishments and products under its jurisdiction; and
(c) To provide coherence in the FDA's regulatory system for establishments and products under its jurisdiction.
Section 5. Section 4 of Republic Act No. 3720, as amended, is hereby further amended to read as follows:
"SEC. 4. To carry out the provisions of this Act, there is hereby created an office to be called the Food and Drug Administration (FDA) in the
Department of Health (DOH). Said Administration shall be under the Office of the Secretary and shall have the following functions, powers
and duties:
"(a) To administer the effective implementation of this Act and of the rules and regulations issued pursuant to the same;
"(b) To assume primary jurisdiction in the collection of samples of health products;
"(c) To analyze and inspect health products in connection with the implementation of this Act;
"(d) To establish analytical data to serve as basis for the preparation of health products standards, and to recommend standards of identity,
purity, safety, efficacy, quality and fill of container;
"(e) To issue certificates of compliance with technical requirements to serve as basis for the issuance of appropriate authorization and spotcheck for compliance with regulations regarding operation of manufacturers, importers, exporters, distributors, wholesalers, drug outlets, and
other establishments and facilities of health products, as determined by the FDA;
"x x x
"(h) To conduct appropriate tests on all applicable health products prior to the issuance of appropriate authorizations to ensure safety, efficacy,
purity, and quality;
"(i) To require all manufacturers, traders, distributors, importers, exporters, wholesalers, retailers, consumers, and non-consumer users of
health products to report to the FDA any incident that reasonably indicates that said product has caused or contributed to the death, serious
illness or serious injury to a consumer, a patient, or any person;
"(j) To issue cease and desist orders motu propio or upon verified complaint for health produts, whether or not registered with the FDA
Provided, That for registered health products, the cease and desist order is valid for thirty (30) days and may be extended for sixty (60) days
only after due process has been observed;

"(k) After due process, to order the ban, recall, and/or withdrawal of any health product found to have caused the death, serious illness or
serious injury to a consumer or patient, or is found to be imminently injurious, unsafe, dangerous, or grossly deceptive, and to require all
concerned to implement the risk management plan which is a requirement for the issuance of the appropriate authorization;
"(l) To strengthen the post market surveillance system in monitoring health products as defined in this Act and incidents of adverse events
involving such products;
"(m) To develop and issue standards and appropriate authorizations that would cover establishments, facilities and health products;
"(n) To conduct, supervise, monitor and audit research studies on health and safety issues of health products undertaken by entities duly
approved by the FDA;
"(o) To prescribe standards, guidelines, and regulations with respect to information, advertisements and other marketing instruments and
promotion, sponsorship, and other marketing activities about the health products as covered in this Act;
"(p) To maintain bonded warehouses and/or establish the same, whenever necessary or appropriate, as determined by the director-general for
confiscated goods in strategic areas of the country especially at major ports of entry; and
"(q) To exercise such other powers and perform such other functions a8 may be necessary to carry out its duties and responsibilities under this
Act."
Section 6. Section 5 of Republic Act No. 3720, as amended, is hereby further amended and new subsections are added to read as follows:
"SEC. 5. The FDA shall have the following centers and offices:
"(a) The Centers shall be established per major product category that is regulated, namely:
"(1) Center for Drug Regulation and Research (to include veterinary medicine, vaccines and biologicals);
"(2) Center for Food Regulation and Research;
"(3) Center for Cosmetics Regulation and Research (to include household hazardous/urban substances); and
"(4) Center for Device Regulation, Radiation Health, and Research.
"These Centers shall regulate the manufacture, importation, exportation, distribution, sale, offer for sale, transfer, promotion,
advertisement, sponsorship of, and/or, where appropriate, the use and testing of health products. The Centers shall likewise conduct
research on the safety, efficacy, and quality of health products, and to institute standards for the same.

"(b) Each Center shall be headed by a director. The Centers shall be so organized such that each will have, at least, the following divisions:
"(1) Licensing and Registration Division, which shall be responsible for evaluating health products and establishments as covered by
this Act for the purpose of issuance of authorizations and conditions to be observed;
"(2) Product Research and Standards Development Division, which shall be responsible for the conduct of research, development of
standards and regulations, compliance monitoring, and the oversight and audit of related researches that would ensure safety, quality,
purity and efficacy of health products, as covered in this Act; and
"(3) Laboratory Support Division, which shall be responsible for the conduct of research and appropriate testa and calibration,
analyses and trials of products including, but not limited to, assays, and the conduct of oversight and/or audit of centers conducting
bioavailability and bioequivalence tests and other tests as covered by this Act. It shall likewise provide direct line support to the
centers which shall be separate and distinct per major product category that is regulated.
"(c) The Administration and Finance Office headed by the deputy director-general for administration and finance shall have, at least, the
following divisions: the Human Resource Development Division; Property and Logistics Management Division; Human Resource
Management Division; Assets and Financial Management Division; and the Information and Communication Technology Management
Division.
"(d) The Policy and Planning Office which shall be under the Office of the Director-General shall have, at least, a training, advocacy and
communications division and shall monitor the performance of the centers for product research and evaluation and standards development.
"(e) The Field Regulatory Operations Office headed by the deputy director-general for field regulatory operations shall include, among others,
all the field offices, field or satellite laboratories and the regulatory enforcement units.
"(f) The Legal Services Support Center shall provide legal services to the entire FDA and shall be directly under the Office of the DirectorGeneral."
Section 7. Section 6 of Republic Act No. 3720, as amended, is hereby further amended, to read as follows:
"(a) The FDA shall be headed by a director-general, with the rank of undersecretary, who shall be tasked, among others, to determine the
needed personnel and to appoint personnel, below the assistant director level in coordination with the Secretary of Health.
"(b) The director-general shall be assisted by two (2) deputy directors-general, one for administration and finance and another for field
regulatory operations.
"(c) The director-general and deputy directors-general shall be appointed by the President of the Republic of the Philippines.

"(d) The director-general shall, referably, possess either a university degree in medicine or at least the relevant master's degree in
pharmaceutical sciences or allied sciences, or equivalent executive course in any regulatory management. In addition, he/she shall have
management experience in his/her field of discipline or profession and in any development, manufacturing, regulatory work or quality
assurance of products as covered in this Act.
"(e) The Deputy Director-General for Field Regulatory Operations of the FDA shall, preferably, possess the relevant master's degree in
pharmaceutical sciences or allied sciences, or equivalent executive course in any regulatory management. In addition, he/she shall have
management experience in his/her field of discipline or profession and in any development, manufacturing, regulatoly work or quality
assurance of products as covered in this Act.
"(f) The Deputy Director-General for Administration and Finance of the FDA shall he a certified public accountant or shall possess a master's
degree in accounting, management, economics or any business course, and must have management experience in a position related to his/her
field of discipline or profession.
"(g) A person who was previously employed in a regular full-time capacity regardless of its consultative designation at higher management
supervisory levels in regulated establishments, including related foundations, shall be disqualified from appointment as director-general and
deputy director-general within three (3) years from termination of employment with the said establishment or foundation. All persons who are
candidates for appointment as director-general and deputy director-general must disclose all their incomes for the past three (3) years from all
establishments regulated by this Act. The director-general and the two (2) deputy directors-gencral shall, upon assumption into office, declare
any conflict of interest with any establishment covered by the FDA, including their foundiitions.
"(h) Each center and field office shall be headed by a director director who shall be assisted by an assistant director. These directors shall be
appointed by the Secretary of Health.
"(i) The existing directors of the Bureau of Health Devices and Technology (BHDT) and division chiefs of the BFAD shall be given
preference for appointment as directors and assistant directors of their respective centers: Provided, That if the current officers of the BFAD
and the BHDT applying for the above positions lack the required third level civil service eligibility, they will have to comply with the said
requirement within three (3) yearn from their appointment, otherwise their appointment shall be revoked immediately."
Section 8. Section 7 of Republic Act No. 3720, as amended, is hereby further amended to read as follows:
"The FDA shall review its staffing pattern and position titles subject to the approval of the Secretary of Health."
Section 9. Section 10, subsections (a), (e), (f), (g), (h), (i), (q),(r), (v), and (w) of Republic Act No. 3720, as amended, are hereby further amended,
and new subsections (x), (y), (z), (aa), (bb), (cc), (dd), (ee), (ff), (gg), (hh), (ii), (jj), (kk), (ll), and (mm) are hereby added to read as follows:
"SEC. 10. For the purposes of this Act, the term:

"(a) 'FDA' means the Food and Drug Administration.

"x x x
"(e) 'Food' means any processed substance which is intended for human consumption and includes drink for man, beverages, chewing gum
and any substances which have been used as an ingredient in the manufacture, preparation or treatment of food.
"(f) 'Drug' means: (1) articles recognized in official pharmacopeias and formularies, including official homeopathic pharmacopeias, or any
documentary supplement to any of them, which are recognized and adopted by the FDA; (2) articles intended for use in the diagnosis, cure,
mitigation, treatment, or prevention of disease in man or other animals; (3) articles (other than food) intended to affect the structure of any
function of the body of humans or animals; or (4)articles intended for use as a component of any articles specified in clauses (1), (2), or (3)
but do not include devices or their components, parts or accessories.
"(g) 'Device' means medical devices, radiation devices and health-related devices.
"(1) 'Medical device' means any instrument, apparatus, implement, machine, appliance, implant, in-vitro reagent or calibrator,
software, material, or other similar or related article intended by the manufacturer to be used alone, or in combination, for human
beings for one or more of the specific purpose(s) of: diagnosis, prevention,, monitoring, treatment or alleviation of disease; diagnosis,
monitoring, treatment, alleviation of, or compensation for an injury; investigation, replacement, modification, or support of the
anatomy or of a physiological process; supporting or sustaining life; preventing infection; control of conception; disinfection of
medical devices; and providing information for medical or diagnostic purposes by means of in-vitro examination of specimens derived
from the human body. This device does not achieve its primary intended action in or on the human body by pharmacological,
immunological, or metabolic means but which may be assisted in its intended function by such means.
"(2) 'Radiation device' means an electrical or electronic apparatus emitting any ionizing or non-ionizing electromagnetic or particulate
radiation; or any sonic; infrasonic, or ultrasonic wave. It includes ionizing radiation emitting equipment which is not intentionally
designed to produce radioactive materials.
"(3) 'Health-related device' means any device not used in health care but has been determined by the FDA to adversely affect the
health of the people.
"(h) 'Cosmetics' means any substance or preparation intended to be placed in contact with the various external parts of the human body or
with the teeth and the mucous membranes of the oral cavity, with a view exclusively or mainly to cleaning them, perfuming them, changing
their appearance and/or correcting body odor, and/or protecting the body or keeping them in good condition.
"(i) 'Label' means a display of written, printed, or graphic matter upon, the immediate container of any article and a requirement made by or
under authority of this Act that any word, statement, or other information appearing on the label shall not be considered to be complied with
unless such word, statement, or other information also appears on the outside container or wrapper, if any there be, of the retail package of
such article, or easily legible through the outside container or wrapper.

"x x x
"(q) 'Director-general' means the head of the FDA.
"(r) 'Distribute' means the delivery or sale of any health product for purposes of distribution in commerce, except that such term does not
include the manufacture or retail of such product.
"x x x
"(v) 'Manufacturer', in relation to a health product, means an establishment engaged in any and all operations involved in the production of
health products including preparation, processing, compounding, formnlating, filling, packing, repacking, altering, ornamenting, finishing and
labeling with the end in view of its storage, sale or distribution: Provided, That the term shall not apply to the compounding and filling of
prescriptions in drugstores and hospital pharmacies. A trader shall be categorized as a manufacturer.
"(w) 'Veterinary drugs' means drugs intended for use for animals including any drug intended for use in animal feeds but not including animal
feeds within the contemplation of the implementing rules and regulations.
"(x) 'Assay' is an analysis to determine the (1) presence of a substance and the amount of that substance, or (2) the pharmaceutical potency of
a drug.
"(y) 'Authorization' means a permission embodied in a document granted by the FDA to a natural or juridical person who has submitted an
application to implement the manufacture, importation, exportation, sale, offer for sale, distribution, transfer, and/or, where appropriate, the
use, testing, promotion, advertising, or sponsorship of health products. The authorization can take the form of a permit, a license, a certificate
of registration, of accreditation, of compliance, or of exemption, or any similar document.
"(z) 'Bioavailability' means the rate and extent to which the active ingredient or therapeutic ingredient is absorbed from a drug and becomes
available at the site of drug action.
"(aa) 'Bioequivalence' means the rate and extent of absorption to which the drugs do not show a significant difference from the rate and extent
of the listed drug when administered at the same molar dose of the therapeutic ingredient under similar experimental conditions in either a
single dose or multiple doses. Bioequivalence shall also refer to the absence of a signiticant difference on the rate and extent-to-which the
active ingredient(s) of the sample and reference drug becomes available at the site of drug action when administered under the same molar
dose and under similar conditions.
"(bb) 'Distributor/importer/exporter' means any establishment that imports or exports raw materials, active ingredients and/or finished
products for its own use or for wholesale distribution to other establishments or outlets. If the distributor/importer/exporter sells to the general
public, it shall be considered a retailer.

"(cc) 'Distributor/wholesaler' means any establishment that procures raw materials, active ingredients and/or finished products from local
establishments for local distribution on wholesale basis.
"(dd) 'Establishment' means a sole proprietorship, a partnership, a corporation, an institution, an association, or an organization engaged in the
manufacture, importation, exportation, sale, offer for sale, distribution, donation, transfer, use, testing, promotion, advertising, or sponsorship
of health products including the facilities and installations needed for its activities.
"(ee) 'Food/dietary supplement' means a processed food product intended to supplement the diet that bears or contains one or more of the
following dietary ingredients: vitamin, mineral, herb, or other botanical, amino acid, and dietary substance to increase the total daily intake in
amounts conforming to the latest Philippine recommended energy and nutrient intakes or internationally agreed minimum daily requirements.
It usually is in the form of capsules, tablets, liquids, gels, powders or pills and not represented for use as a conventional food or as the sole
item of a meal or diet or replacement of drugs and medicines.
"(ff) 'Health products' means food, drugs, cosmetics, devices, biologicals, vaccines, in-vitro diagnostic reagents and household/urban
hazardous substances and/or a combination of and/or a derivative thereof. It shall also refer to products that may have an effect on health
which require regulations as determined by the FDA.
"(gg) 'Household/urban hazardous substance' is:
"(1) Any substance or mixture of substances intended for individual or limited purposes and which is toxic, corrosive, an irritant, a
strong sensitizer, is flammable or combustible, or generates pressure through decomposition, heat or other means, if such substance or
mixture of substances may cause substantial injury or substantial illness during or as a proximate result of any customary or
reasonably foreseeable ingestion by children, but shall not include agricultural fertilizer, pesticide, and insecticide, and other economic
poisons, radioactive substance, or substances intended for use as fuels, coolants, refrigerants and the like;
"(2) Any substance which the FDA finds to be under the categories enumerated in clause (1) of this paragraph;
"(3) Any toy or other articles intended for use by children which the FDA may determine to pose an electrical, chemical, physical, or
thermal hazard; and
"(4) This term shall not apply to food, drugs, cosmetics, devices, or to substances intended for use as fuels when stored in containers
and used in the heating, cooking or refrigeration system of a house, but such term shall apply to any article which is not in itself an
agricultural pesticide but which is a hazardous substance, as construed in paragraph (1) of this section, by reason of bearing or
containing such harmful substances described therein.
"(hh) 'In-vitro diagnostic reagents' are reagents and systems intended for use in the diagnosis of disease or other conditions, including a
determination of the state of health, in order to cure, mitigate, treat or prevent disease or its sequelae.

"(ii) 'Licensing' means the process of approval of an application to operate or establish an establishment prior to engaging in the manufacture,
importation, exportation, sale, offer for sale, distribution, transfer, and where applicable the use, testing, promotion, advertisement, and/or
sponsorship of health products.
"(jj) 'Misbranding' means, in addition to definitions in existing laws, misinformation or misleading information on the label or other
information materials authorized by the FDA. It shall not refer to copyright, trademark, or other intellectual property-like instruments.
"(kk) 'Registration' means the process of approval of an application to register health products prior to engaging in the manufacture,
importation, exportation, sale, offer for sale, distribution, transfer, and where applicable, the use, testing, promotion, advertisement, and/or
sponsorship of health products.
"(ll) 'Trader' means any establishment which is a registered owner of a health product and procures the raw materials and packing components
and provides the production monographs, quality control standards and procedures, but subcontract the manufacture of such product to a
licensed manufacturer. In addition, a trader may also engage in the distribution and/or marketing of its products.
"(mm) 'Retailer' means any establishment which sells or offers to sell any health product directly to the general public."
Section 10. Section 11, subsections (a), (b), (d), (g), (j),(k) and (l) of Republic Act No. 3720, as amended, are hereby further amended to read as
follows:
"SEC. 11. The following acts and the causing thereof are hereby prohibited:
"(a) The manufacture, importation, exportation, sale, offering for sale, distribution, transfer, non-consumer use, promotion, advertising, or
sponsorship of any health product that is adulterated, unregistered or misbranded.
"(b) The adulteration or misbranding of any health product.
"x x x
"(d) The giving of a guaranty or undertaking referred to in Section twelve (b) hereof which guaranty or undertaking is false, except by a
person who relied upon a guaranty or undertaking to the same effect, signed by, and containing the name and address of the person or entity
from whom he received in good faith the health products or the giving of a guaranty or undertaking referred to in Section twelve (b) which
guaranty or undertaking is false.
"x x x

"(g) The alteration, mutilation, destruction, obliteration, or removal of the whole or any part of the labeling of, or the doing of any other act
with respect to health products if such act is done while such article is held for sale (whether or not the first sale) and results in such article
being adulterated or misbranded Provided, That a retailer may sell in smaller quantities, subject to guidelines issued by the FDA.
"x x x
"(j) The manufacture, importation, exportation, sale, offering for sale, distribution, transfer, non-consumer use, promotion, advertisement, or
sponsorship of any health product which, although requiring registration, is not registered. with the FDA pursuant to this Act.
"(k) The manufacture, importation, exportation, sale, offering for sale, distribution, transfer, or retail of any drug, device or in-vitro diagnostic
reagent; the manufacture, importation, exportation, transfer or distribution of any food, cosmetic or household/urban hazardous substance; or
the operation of a radiation or pest control establishment by any natural or juridical person without the license to operate from the FDA
required under this Act.
"(l) The sale, offering for sale, importation, exportation, distribution or transfer of any health product beyond its expiration or expiry date, if
applicable.
"x x x
"The prohibited acts mentioned herein shall cover all applicable health products."
Section 11. Section 12, subsection (a) of Republic Act No, 3720, as amended, is hereby further amended to read as follows:
"SEC. 12. (a) Any person who violates any of the provisions of Section eleven hereof shall, upon conviction, suffer the penalty of
imprisonment ranging from one (1) year but not more than ten (10) years or a fine of not less than Fifty thousand pesos (P50,000.00) but not
more than Five hundred thousand pesos (P500,000.00), or both, at the discretion of the court: Provided, That if the offender is a manufacturer,
importer or distributor of any health product, the penalty of at least five (5) years imprisonment but not more than ten (10) years and a fine of
at least Five hundred thousand pesos (P500,000.00) but not more than Five million pesos (P5,000,000.00) shall be imposed Provided, further,
That an additional fine of one percent (1%) of the economic value/cost of the violative product or violation, or One thousand pesos
(P1,000.00), whichever is higher, shall be imposed for each day of continuing violation: Provided, finally, That health products found in
violation of the provisions of this Act and other relevant laws, rules and regulations may be seized and held in custody pending proceedings,
without hearing or court order, when the director-general has reasonable cause to believe from facts found by him/her or an authorized officer
or employee of the FDA that such health products may cause injury or prejudice to the consuming public.
"x x x
"Should the offense be committed by a juridical person, the Chairman of the Board of Directors, the president, general manager, or the
partners and/or the persons directly responsible therefore shall he penalized.

"Should the offense be committed by a foreign national, he/she shall, in addition to the penalties prescribed, be deported without further
proceedings after service of sentence.
"x x x."
Section 12. Section 26, subsections (c) and (d) of Republic Act No. 3720, as amended, are hereby further amended and subsection (g) is hereby
added thereto to read as follows:
"x x x
"(c) Hearings authorized or required by this Act shall be conducted by the FDA.
"(d) Upon preliminary findings of the conduct of prohibited act/s, the director-general shall issue the proper notices or orders to the person or
persons concerned and such person or persons shall be given an opportunity to be heard before the FDA.
"x x x
"(g) Both criminal and administrative actions may be instituted separately and independent of one another."
Section 13. Section 29-A of Republic Act No. 3720, as amended, is hereby further amended, and new subsections are added to read as follows:
"SEC. 29-A. Administrative Sanctions. - Where there is finding of prohibited actions and determination of the persons liable thereto, after
notice and hearing, the director-general is empowered to impose one or more of the following administrative penalties:
"(1) Cancellation of any authorization which may have been granted by the FDA, or suspension of the validity thereof for such period of time
as the director-general may deem reasonable which shall not exceed one (1) year:
"(2) A fine of not less than Fifty thousand pesos (P50,000.00) but not more than Five hundred thousand pesos (P500,000.00). An additional
fine of not more than One thousand pesos (P1,000.00) shall be imposed for each day of continuing violation; and
"(3) Destruction and/or appropriate disposition of the subject health product, and/or closure of the establishment for any violation of this Act,
as determined by the director-general."
Section 14. A new Section 30 and a new headnote "Additional Powers and Functions of the Director-General" are hereby added to Republic Act No.
3720, which shall read as follows:
"SEC. 30. The Director-General shall also exercise the following powers:

"(1) To hold in direct or indirect contempt any person who disregards orders or writs he or she issues and impose the appropriate penalties
following the same procedures and penalties provided in the Rules of Court;
"(2) To administer oaths and affirmations and issue subpoena duces tecum and subpoena ad testificandum requiring the production of such
books, contracts, correspondence, records, statement of accounts and other documents and/or the attendance and testimony of parties and
witnesses as may be material to the investigation conducted by the FDA;
"(3) To obtain information from any officer or office of the national or local governments, government agencies and its instrumentalities;
"(4) To issue orders of seizure, to seize and hold in custody any article or articles of food, device, cosmetics, household hazardous substances
and health products that is adulterated, counterfeited, misbranded or unregistered, or drug, in-vitro diagnostic reagent, biologicals, and
vaccine that is adulterated or misbranded, when introduced into domestic commerce pending the authorized hearing under Republic Act No.
3720, as amended, Executive Order No. 175 (1987), and Republic Act No. 7394, otherwise known as the Consumers Act of the Philippines;
"(5) To call on the assistance of any department, office or agency and deputize members of the Philippine National Police or any law
enforcement agency for the effective implementation of this Act; and
"(6) To exercise such powers and functions as may be necessary for the effective implementation of this Act."
Section 15. Two new sections shall be added, which shall be the new Sections 31 and 32 of Republic Act No. 3720, as amended, which shall read as
follows:
"SEC. 31. The orders, rulings or decisions of the FDA shall become final and executory fifteen (15) days after the receipt of a copy thereof by
the party adversely affected unless within that period, an administrative appeal has been perfected. One motion for reconsideration may be
filled, which shall suspend the running of the said period."
"SEC. 32. The orders, rulings or decisions of the FDA shall be appealable to the Secretary of Health. An appeal shall be deemed perfected
upon filing of the notice of appeal and posting of the corresponding appeal bond.
"An appeal shall not stay the decision appealed from unless an order from the Secretary of Health is issued to stay the execution thereof."
Section 16. Section 30 of Republic Act No. 3720, as amended, shall be renumbered as Section 33, and the subsequent sections shall also be
renumbered accordingly.
Section 17. Section 31, Chapter XIII of Republic Act No. 3720, as amended, is hereby further amended to read as follows:
"SEC. 34. Fees and Other Income. -

"(a) Upon the sole approval of the Secretary, the authorization and other fees shall annually be determined and reviewed by the FDA and any
proposed increase shall be published in two (2) leading newspapers of general circulation.
"(b) There shall be determined and constituted additional fees such as sale of publications and services, assessment fees, fines, penalties, and
other fees and charges outside the usual licensing and registration fees, to be known as 'other related regulatory fees'.
"(c) The Director-General of the FDA, upon approval of the Secretary, shall be authorized to promulgate rules and regulations governing the
collection of the 'other related regulatory fees'. Upon approval of the Secretary, these fees shall likewise be reviewed periodically and any
proposed increase shall be published in two (2) leading newspapers of general circulation."
Section 18. All income that the FDA is allowed to retain under Section 31 of the Universally Accessible Cheaper and Quality Medicines Act of 2008
shall, any provision of law to the contrary notwithstanding, be deposited in an authorized government depository bank as a special regulatory fund.
Any interest earned by such fund shall form part of the retained income. Such fund shall be used primarily for the acquisition of office and laboratory
space, human resource development and expansion, purchase of laboratory equipment and motor vehicles, the upgrading of its current facilities and
equipment and maintenance, other operating expenses ofthe central office laboratory divisions and satellite laboratories in Davao, Cebu and other
testing laboratories, in case the above laboratories will be increased, and other activities or services of the agency in the performance of its mandate.
The fund shall be allowed to accept grants, donations and all other endowments from local and external sources in accordance with pertinent laws,
rules and regulations.
The retention, use and application of this fund shall not be delayed, amended, altered or modified, or affected in any way by an order or directive
from any executive office, but will be subject only to the general accounting rules and guidelines by the Commission on Audit (COA). The primary
purpose of the fund as herein stated shall prevail over any other purpose that may be pursued by the FDA on its own initiative or through an order or
directive by any higher office. The FDA shall submit to the Secretary of Health, the Secretary of Budget and Management and the Congressional
Oversight Committee, created under Section 23 of this Act, a report on how the funds were utilized, including its accomplishments.
There shall also be established a legal fund out of the interest earned from the retained income for use in case of legal actions against the officials and
employees of the FDA in the course of the exercise of their official functions and duties.
Section 19. The FDA shall establish a Regulatory Enforcement Unit (REU) for a period not exceeding five (5) years from the effectivity of this Act.
It shall be composed of at least five (5) qualified personnel in every region who shall be directly under the control and supervision of the Deputy
Director-General for Field Regulatory Operations and shall be administratively supported by the field offices. They shall:
(a) Bear arms, wear official uniforms and insignias and shall be classified as law enforcement agents;
(b) Serve and execute rulings, orders, and decisions of the Director-General of the FDA; and

(c) Execute and serve search warrants and arrest warrants issued by the courts in connection with violations under this Act and related laws
concerning the regulation of health products.
All law enforcement agents shall undergo the appropriate training to equip them with the necessary skills needed for this purpose. Their authority and
functions shall be strictly limited to the implementation of the FDA's regulatory functions.
All regional regulatory enforcement units shall be headed by a lawyer who is at least thirty (30) years old but not older than fifty (50), an Integrated
Bar of the Philippines (IBP) member of good standing, and shall have a rank of a Division Director; and an assistant who must be at the very least a
law graduate who shall have a rank of an Assistant Division Director.
Section 20. A new chapter XIV and three new sections, Sections 35, 36, and 37 shall be introduced, which shall read as follows:
"CHAPTER XIV
"TESTING LABORATORIES AND FIELD OFFICES
"SEC. 35. The FDA is hereby mandated to improve, upgrade and increase the capability of the agency, to test, calibrate, assay and examine
samples of health products. For the purpose of achieving the above mandate, there shall be established at least one (1) testing laboratory each
in Luzon, Visayas and Mindanao, which shall have the necessary and appropriate state-of-the-art laboratory equipment and personnel
complement. The main testing laboratories at the central office shall be maintained and shall serve as a support unit to the centers for product
research and evaluation and standards development and shall serve as testing centers that would include assay and the conduct, supervision,
oversight and/or audit of bioequivalence and bioavailability test/researches, among others. The existing laboratories in Cebu and Davao will
be upgraded and transformed as quality assurance laboratories, while another one will be established in Subic, Zambales.
"The testing laboratories may be increased by the director-general, upon approval of the Secretary. Moreover, the director-general, upon
approval of the Secretary, may call upon other government and private testing laboratories to conduct testing, calibration, assay and
examination of samples of health products: Provided, That the private testing laboratories are accredited by the Philippine Accreditation
Office (PAO) of the Department of Trade and industry (DTI) and the DOH."
"SEC. 36. The FDA shall establish field offices in all regions of the country to effectively implement its regulatory functions. The current
regional food and drug regulatory officers and regional health physicists in every regional office of the DOH shall now be put under the
FDA's sole control and supervision. The regional field office shall also assume primary jurisdiction in the collection of samples of food,
drugs, devices and cosmetics being imported or offered for import at a port of entry other than Manila in his/her assigned region and where it
appears that said items or products satisfy any of the conditions as provided for in Section 33(a) of Republic Act No. 3720, as amended,
without prejudice to the exercise of the powers of the director-general provided under Sections 13 and 14 of this Act in the exercise of the
agency's regulatory functions. The field offices shall be comprised of the following: (a) licensing, inspection and compliance division, which
shall have charge of the inspection of food, drugs and cosmetic establishments engaged in their manufacture, importation, distribution, and
sale; (b) satellite laboratory division; and (c) administrative division."

"SEC. 37. The FDA, with the approval of the Secretary, shall create organizational units which are deemed necessary to address emerging
concerns and to be abreast with internationally acceptable standards. There shall be created additional plantilla positions to augment the
human resource complement of the FDA, subject to existing rules and regulations."
Section 21. Appropriations. - The appropriations for the BFAD and the BHDT included in the budget of the DOH under the current General
Appropriations Act shall be used to carry out the implementation of this Act. The appropriation may be augmented by the income which the agency is
authorized to use under this Act. Thereafter, such sums as may be necessary for its continued implementation shall be included in the annual General
Appropriations Act.
Section 22. Implementing Rules and Regulatiorts. - The DOH shall promulgate, in consultation with the FDA, the implementing rules and
regulations of this Act within one hundred twenty (120) days after the passage of this Act.
Section 23. Congressional Oversight Committee. - A Congressional Oversight Committee (COC) is hereby created composed of the Chairpersons of
the Committees on Health and Appropriations of the House of Representatives and two (2) Members to be appointed by the Speaker, the
Chairpersons of the Committees on Health and Finance of the Senate and two (2) Members to he appointed by the President of the Senate, to oversee
the implementation of this Act for a period of five (5) years and to review the accomplishments and the utilization of income of the FDA. The
secretariat of the COC shall be drawn from the existing personnel of the committees comprising the COC.
Section 24. Transitory Provisions. - The BFAD Director and Deputy Director shall serve as FDA Director-General and Deputy Director-General for
Field Regulatory Operations, respectively. The current officials and employees of the BFAD shall be transferred as far as practicable to the
appropriate unit in the FDA as determined by the Director-General. The current officials and employees of the BHDT shall be transferred to the
Center for Device Regulation, Radiation Health, and Research. The current regional food and drug regulatory officers and regional health physicists
under the Centers for Health Development of the DOH shall be transferred as far as practicable to the appropriate unit in the FDA as determined by
the Director-General. There shall be no demotion in ranks and positions and no diminution in salaries. benefits, allowances and emoluments of all
BFAD, BHDT and indicated Center for Health and Development (CHD) personnel transferred to the FDA. All positions, powers, functions and
duties together with the facilities, equipment, supplies, records, files, appropriations, and funds for these bureaus and the indicated CHD personnel
shall be transferred to the FDA.
Section 25. Coverage. - This Act shall govern all health products: Provided, That nothing in this Act shall be deemed to modify the sole and
exclusive jurisdiction of other specialized agencies and special laws only insofar as the acts covered by these specialized agencies and laws,
including, but not limited to, those covered by Republic Act No. 9211, Executive Order No. 245, Executive Order No. 18, and Presidential Decree
No. 1468.
Section 26. Separability Clause. - If any part, section or provision of this Act shall be declared invalid or unconstitutional, other provisions or parts
thereof which are not affected thereby shall remain in full force and effect.
Section 27. Repealing Clause. - Laws or part of laws, executive orders, circulars, regulations and memoranda inconsistent with this Act are hereby
repealed or amended accordingly.

Section 28. Effectivity Clause. - This Act shall take effect fifteen (15) days after its publication in the Official Gazette or in two (2) newspapers of
generhl circulation.
Approved,

(Sgd.) PROSPERO C.
NOGRALES
Speaker of the House of
Representatives

(Sgd.) JUAN PONCE ENRILE

President of the Senate

This Act which is a consolidation of Senate Bill No. 2645 and House Bill No. 3293 was finally passed by the Senate and the House of
Representatives on June 3, 2009.

(Sgd.) MARILYN B. BARUAYAP

Secretary General
House of Represenatives

(Sgd.) EMMA LIRIO-REYES

Secretary of Senate

Approved: AUG 18 2009

(Sgd.) GLORIA MACAPAGAL-ARROYO
President of the Philippines