S. No.

1858
H. No. 4433

Republic of the Philippines Congress of the Philippines Metro Manila

Twelfth Congress First Regular Session

Begun and held in Metro Manila on Monday, the twenty-third day of July, two
thousand one.

[ REPUBLIC ACT NO. 9165 ]

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 assembled:

SECTION. 1. Short Title. - This Act shall be known and cited as the
"Comprehensive Dangerous Drugs Act of 2002".

SEC. 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

SEC. 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 75, 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, e- mail, 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, any of the
dangerous drugs.

ARTICLE II UNLAWFUL ACTS AND PENALTIES

SEC. 4. Importation 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 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.

SEC. 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 chemicals 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.

SEC. 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 (P15,000,000.00) 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 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.

SEC. 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.

SEC. 8. Manufacture 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 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 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.

SEC. 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.

SEC. 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.

SEC. 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;

8) 10 grams or more of other dangerous drugs such as, but not limited to,
methylenedioxymethamphetamine (MDMA) or "ecstasy", paramethoxyamphetamine (PMA),
trimethoxyamphetamine (TMA), lysergic acid diethylamine (LSD), gamma
hydroxybutyrate (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,
methylenedioxymethamphetamine (MDMA) or "ecstasy", paramethoxyamphetamine (PMA),
trimethoxyamphetamine (TMA), lysergic acid diethylamine (LSD), gamma
hydroxybutyrate (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;

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, methylenedioxymethamphetamine
(MDMA) or "ecstasy", paramethoxyamphetamine (PMA), trimethoxyamphetamine (TMA),
lysergic acid diethylamine (LSD), gamma hydroxybutyrate (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.

SEC. 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.
 SEC. 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 the dangerous drugs.

SEC. 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.

SEC. 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 10 of this Act, in which
case the provisions stated therein shall apply.

SEC. 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 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.
 SEC. 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.

SEC. 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.

SEC. 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.

SEC. 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.

SEC. 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, 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
Department of Justice, 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.

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, Department of Justice,
Department of Health and the accused/and or his counsel, and, b) Pending the
organization of PDEA, the custody, disposition, and burning or destruction of
seized/surrendered dangerous drugs provided under this Section shall be implemented
by the Department of Health.

SEC. 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 precursors and essential
chemicals.

SEC. 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.

SEC. 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.

SEC. 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.

SEC. 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.

SEC. 27. Criminal Liability of a Public Officer or Employee for

Misappropriation, Misapplication or Failure to Account for the 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 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.

SEC. 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.

SEC. 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.

SEC. 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.

SEC. 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.

SEC. 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.

SEC. 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 of 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.

SEC. 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.

SEC. 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

SEC. 36. Authorized Drug Testing. - Authorized drug testing shall be done by
any government forensic laboratories or by any of the drug testing laboratories
accredited and monitored by the DOH to safeguard the quality of 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.

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.

SEC. 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.
SEC. 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.

SEC. 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.

SEC. 40. Records Required for Transactions on Dangerous Drugs 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

SEC. 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.

SEC. 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.

SEC. 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.

SEC. 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.

SEC. 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.

SEC. 46. Special Drug Education Center. - With the assistance of the Board,
the Department of Interior and Local Government (DILG), the National Youth
Commission (NYC), and the Department of Social Welfare and Development (DSWD) shall
establish in each of its provincial office a special education drug center for out-
of-school youth and street children. Such Center which shall be headed by the
Provincial Social Welfare Development Officer shall sponsor drug prevention
programs and activities and information campaigns with the end in view of educating
the out-of- school youth and street children regarding the pernicious effects of
drug abuse. The programs initiated by the Center shall likewise be adopted in all
public and private orphanage and existing special centers for street children.

ARTICLE V
PROMOTION OF A NATIONAL DRUG-FREE WORKPLACE
PROGRAM WITH THE PARTICIPATION OF PRIVATE AND
LABOR SECTORS AND THE DEPARTMENT OF LABOR AND EMPLOYMENT

SEC. 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.

SEC. 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 General Appropriations Act.

ARTICLE VI
PARTICIPATION OF THE PRIVATE AND LABOR SECTORS IN THE ENFORCEMENT OF THIS ACT
 SEC. 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.

SEC. 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.

SEC. 52. Abatement of Drug Related Public Nuisances. - Any place or premises
which have been used on two (2) 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.

SEC. 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

SEC. 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.

SEC. 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.

SEC. 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.

SEC. 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
civic organizations accredited by the DSWD, with the recommendation of the Board.

SEC. 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.

SEC. 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 be
subjected under Section 61 of this Act, either upon order of the Board or upon
order of the court, as the case may be.

SEC. 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.

SEC. 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.

SEC. 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 the 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.

SEC. 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.

SEC. 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.

SEC. 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.

SEC. 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.

SEC. 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 Department of Justice (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.

SEC. 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.

SEC. 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.

SEC. 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 or 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.

SEC. 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.

SEC. 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.

SEC. 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.

SEC. 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.

SEC. 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.

SEC. 76. The Duties and Responsibilities of the Department of Health (DOH)
under this Act. - The Department of Health shall:

1) Oversee and 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 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;

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;

5) 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

SEC. 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.

SEC. 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; and

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:

1. The president of the Integrated Bar of the Philippines; and

2. 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.

SEC. 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.

SEC. 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.

SEC. 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 drug 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 Department of Justice, 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 non- government 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

sub-standard rehabilitation centers based on verified reports of human rights
violations, subhuman conditions, inadequate medical training and assistance and
excessive fees for implementation by 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 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 estimated 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 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 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
drug 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.

SEC. 82. Creation of the Philippine Drug Enforcement Agency (PDEA). - To

carry out the provisions of this Act, the Philippine Drug Enforcement Agency
(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.

SEC. 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.

SEC. 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
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 seized 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; and

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;

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.

SEC. 85. 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

SEC. 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

SEC. 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.

SEC. 88. Management of Funds under this Act; Annual Report by the Board and
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.

SEC. 89. Auditing the Accounts and Expenses of the Board and PDEA. - All
accounts and expenses of the Board and PDEA shall be audited by the Commission on
Audit or its duly authorized representative.

ARTICLE XI
JURISDICTION OVER DANGEROUS DRUGS CASES

SEC. 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 Department of Justice 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.

SEC. 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 day to twenty
years and a fine of not less than Five hundred thousand pesos (P500,000.00), in
addition to the administrative liability he/she may be meted out by his/her
immediate superior and/or appropriate body.

The immediate superior of the member of the law enforcement agency or any
other government employee mentioned in the preceding paragraph shall be penalized
with imprisonment of not less than two (2) months and one (1) day but not more than
six (6) years and a fine of not less than Ten thousand pesos (P10,000.00) but not
more than Fifty thousand pesos (P50,000.00) and in addition, perpetual absolute
disqualification from public office if despite due notice to them and to the
witness concerned, the former does not exert reasonable effort to present the
latter to the court.

The member of the law enforcement agency or any other government employee
mentioned in the preceding paragraphs shall not be transferred or re-assigned to
any other government office located in another territorial jurisdiction during the
pendency of the case in court. However, the concerned member of the law enforcement
agency or government employee may be transferred or re-assigned for compelling
reasons: Provided, That his/her immediate superior shall notify the court where the
case is pending of the order to transfer or re-assign, within twenty-four (24)
hours from its approval: Provided further, That his/her immediate superior shall be
penalized with imprisonment of not less than two (2) months and one
(1) day but not more than six (6) years and a fine of not less than Ten thousand
pesos (P10,000.00) but not more than Fifty thousand pesos (P50,000.00) and in
addition, perpetual absolute disqualification from public office, should he/she
fail to notify the court of such order to transfer or re-assign.

Prosecution and punishment under this Section shall be without prejudice to

any liability for violation of any existing law.

SEC. 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.

SEC. 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 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

SEC. 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

SEC. 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.

SEC. 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.

SEC. 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.

SEC. 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.

SEC. 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.

SEC. 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.

SEC. 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.
JOSE DE VENECIA FRANKLIN M. DRILON
Speaker of the House President of the Senate Of Representatives

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

ROBERTO P. NAZARENO OSCAR G. YABES

Secretary General Secretary of the Senate House of Representatives

Approved:

GLORIA MACAPAGAL-ARROYO
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

CHEMICAL NAME

BROLAMFETAMINE (DOB) (+)-4-Bromo-2,5-dimethoxy-a-

methylphenethylamine
Dimethoxybromoamphetamine
CATHINONE (-)-(S)-2-Aminopropiophenone
DET 3-[2-(Diethylamino)ethyl]indole)

DMA (+)-2,5-Dimethoxy-a-
methylphenethylamine
2,5 Dimethoxyamphetamine
DMPH 3-(1,2-Dimethylhepty)-7,8,9,10- tetrahydro-6,6,9-trimethyl-6H-
dibenzo[b,d]pyran-1-oI
DMT 3-[2-(Dimethylamino)ethyl]indole
DOET (+)-4-Ethyl-2,5-dimethoxy-a-
phenethylamine
2,5-Dimethoxy-4-ethylamphetamine
ETICYCLIDINE (PCE) N-Ethyl-1-phenylcyclohexylamine
ETRYPTAMINE 3-(2-Aminobutyl)indole
(+)-LYSERGIDE (LSD, LSD-25) 9,10-Didehydro-N,N-diethyl-6-
methylergoline-8b- carboxamide
MDMA (+)-N, a-Dimethyl-3,4-(methylene- dioxy)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-2- oxazoline
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]hydroxyla mine
3-4-Methylenedioxy-N- hydroxyamphetamine
PARAHEXYL 3-Hexyl-7,8,9,10-tetrahydro-6,6,9- trimethyl-6H-dibenzo[b,d]pyran-1-o1

PMA p-Methoxy-a-methylphenethylamine Paramethoxyamphetamine

PSILOCINE, PSILOTSIN 3-[2-(Dimethylamino)ethyl]indol-4-o1
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-6,6,9-trimethyl-3- pentyl-6H- dibenzo[b,d]pyran-1-o1
(9R,10aR)-8,9,10,10a-Tetrahydro- 6,6,9-trimethyl-3-pentyl-6H- dibenzol[b,d] pyran-
1-ol

(6aR,9R,10aR)-6a,9,10,10a-
Tetrahydro-6,6,9-trimethyl-3- pentyl-6H-dibenzo[b,d]pyran-1-ol
(6aR,10aR)-6a,7,10,10a-Tetrahydro- 6,6,9-trimethyl-3-pentyl-6H- dibenzo[b,d]pyran-
1-ol
6a,7,8,9-Tetrahydro-6,6,9-trimethyl-3- pentyl-6H-dibenzo[b,d]pyran-1-ol
(6aR,10aR)-6a,7,8,9,10,10a-
Hexahydro-6,6-dimethyl-9- methylene-3-pentyl-6H- Dibenzo[b,d]pyran-1-ol
TMA (+)-3,4,5-Trimethoxy-a -methylphenethylamine 3,4,5-Trimethoxyamphetamine
4-MIA-(a-methyl-4- methylthiophenethylamine)
The stereoisomers, unless specifically excepted, of substances in this Schedule,
whenever the existence of such stereou\isomers is possible within the specific
chemical designation.

LIST OF SUBSTANCES 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

LIST OF SUBSTANCES IN SCHEDULE IV

1. ALLOBARBITAL
2. ALPRAZOLAM
3. AMFEPRAMONE (diethylpropion)
4. AMINOREX
5. BARBITAL
6. BENZFETAMINE (benzphetamine)

7. BROMAZEPAM
8. BROTIZOLAM
9. BUTOBARBITAL
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-ethylamphetamine)
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. METHYLPRYLON
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. TE MAZEPAM
58. TETRAZEPAM
59. TRIAZOLAM
60. VINYLBITAL GHB (Gamma-hydroxybutyric acid)
61. ZOLPIDEM