Title 1

Crime against National

Security
114 Treason
115 Conspiracy and Proposal
to commit treason
116 Misprision of treason
117 Espionage
CA 616 An act to punish
espionage and other crimes
against national security
118 Inciting to war or giving
motives to reprisals
119 Violation of Neutrality
120 Correspondence with
hostile country
121 Flight to enemys country
122 Piracy and mutiny
PD 532 Anti Piracy and Anti
Robbery Law of 1974
123 Qualified Piracy
RA 6235 Anti hijacking law

Title 2
Crime against Fundamental Laws
of the State

Title 3
Crime against Public Order

Title 4
Crime against Public Interest

124 Arbitrary detention

(Illegal detention)
125 Delay in the delivery of
detained persons
126 Delaying release
127 Expulsion
128 Violation of domicile
(Trespass to dwelling)
129 Maliciously obtained search
warrant & abuse in the service of a
legally obtained warrant Art 3
sec 2, right against searches and
seizures
130 Searching domicile without a
witness
131 Prohibition, Interruption and
dissolution of peaceful meetings
Art 4 right to peaceful assembly,
right to association, right to
petition government for redress of
grievances
(Tumults and public disorder or
Grave coercion)
BP 880 Public assembly act of
1985
132 Interruption of religious
worship
Crime against the fundamental law
of the state
Member unjust vexation
Not religious tumults or alarms
Not Notoriously offensive unjust
vexation
Private person not a member
Disturbance of public order
133 Offending religious feelings
Crime against public order
Alarms and scandals
Illegal from the onset Inciting to
rebllion

134 Rebellion or insurrection: always political

134 - A Coup de etat violence, intimidation,
threat, strategy or stealth
135 Penalty for Rebellion, Coup de etat and
insurrection
136 Conspiracy and proposal to commit Coup
de etat, rebellion or insurrection
137 Disloyalty of public officers or employees
138 Inciting to rebellion or insurrection
incites using speeches, proclamations,
writings, emblems
139 Sedition publicly rise to prevent the
promulgation or execution of any law or
holding of election; tumultuous presence of
at least 4 armed men : social or political
140 Penalty for sedition
141 Conspiracy to commit sedition
142 Inciting to sedition
143 Acts tending to prevent the meeting of
the national assembly
144 Disturbance of proceeding
145 Violation of parliamentary immunity
146 Illegal assemblies
147 Illegal associations
148 Direct assaults attacking, employing
force or resisting any person in authority;
rebellion and sedition
149 Indirect assault aid of the person in
authority
150 Disobedience to summons
151 Resistance and disobedience to a person
in authority or agent
153 Tumults and other disturbances outcry,
placards
154 Unlawful use of means of publication
maliciously publishing, unauthorized
resolution
155 Alarms and scandals discharging
firearm, causing disturbance or scandal
156 Delivery of prisoners from jail removal
or help in escaping
157 Evasion of service sentence
158 Evasion on occasion of calamities

161 Counterfeiting the great seal of govt, forging the

signature or staff of chief executive
162 Using forged seal or counterfeit seal or stamp
163 Making, importing and uttering false coins
164 Mutilation of coins importation & utterance of
mutilated coins
165 Selling of false or mutilated coin without connivance
166 Forging treasury or bank notes or other documents
payable to bearer; importuning false/forged notes & docs
167 Counterfeiting, importing & uttering instruments not
payable to bearer.
168 Illegal possession and use of false treasury or bank
notes or other instruments of credit
169 How forgery is committed
PD 247 Defacing, mutilating, tearing, burning, destroying
currency and coins issued by Bangko Central
170 Falsification of legislative documents
171 Falsification by public officer, employee or notary,
ecclesiastical minister. (official character)
Presidential Decree 1829 - act constituting obstruction of
justice. applies if the falsification of the document is done
in relation to a criminal proceeding
172 Falsification by private individuals and use of falsified
documents
173 Falsification of wireless, cable, telegraph and
telephone messages; use of falsified messages.
174 Falsification of med cert, cert of merit or service & the
likes
175 Use of false certificates
176 Manufacturing and possession of instruments &
implements of falsification stamps, dies, marks etc
177 Usurpation of authority and official functions
178 Use of fictitious name and concealing true name
179 Illegal use of uniform or insignia
180 False testimony against a defendant (criminal
proceeding)
181 False testimony favorable to the defendant (criminal
proceeding)
182 False testimony in civil cases
183 False testimony in other cases, Perjury in solemn
affirmation
184 Offering false testimony in evidence (judicial/official
proceeding)

159 Other cases of evasion - violation of

pardon
160 Recidivism

Title 5
Crime related to Opium and other dangerous drugs

185 Machinations in public auctions (gift/promise to

refrain from auction)
186 Monopolies & combination in restraint of trade
187 Importation & disposition of falsely marked articles or
merchandise made of gold, silver, or other precious
metals or their alloys.
188 & 189 RA 8293 Intellectual Property Code making,
using, offering for sale or selling or importing patented
product obtained w/o authorization. (Copyright/related
rights,
trademark
&
service
marks,
geographic
indications, industrial design, patents, layout, circuits,
protection of undisclosed information.

RA 9165 Comprehensive Dangerous

Drugs Act of 2002, repealing RA
6425 known as DDA of 1972.
ARTICLE II UNLAWFUL ACTS & PENALTIES
Sec 4 Importation of Dangerous drugs
and precursors and essential chemicals.
Penalties:
Life imprisonment to death and fine
of 500k to 10 million - any person who
unless authorized by law shall import or
bring into the Phil any dangerous drug
regardless of quality and quantity.
12 20 years, a fine of 100K to 5
million import any controlled precursor
and essential chemical.
Maximum penalty

through use of diplomatic passport,

use of facilities and official status to
facilitate unlawful entry,

anyone who organizes, manages or

acts as financier or any illegal
activities. Diplomatic passport will be
confiscated and cancelled.
12 20 years, 100k to 500K any
person who act as coddler/protector of
any violator
Sec 5 Sale, trading, administration,
dispensation, delivery, distribution, and
transportation of dangerous drugs and/or
controlled precursors and essential
chemicals.
Penalties:
Life imprisonment to death and fine
of 500k to 10 million any person who
shall sell, trade, administer, dispense,
deliver, give way to another, distribute,
dispatch in transit or transport any

Maximum penalty

Sale,
trading,
administration,
dispensation, delivery, distribution, and
transportation of dangerous drugs
and/or controlled precursors and
essential chemicals within 100 meters
from the school.

Drug pushers who use minors,

mentally incapacitated as runners,
couriers, messengers or in any
capacity.

Victim of offense is a minor or mentally

incapacitated person or if the drug or
precursor is the proximate cause of
death of victim

Any person who organizes, manages or

acts as a financier of any illegal
activities
12 20 years, 100k to 500K any person
who act as coddler/protector of any violator

Maximum penalty imposed upon any person

who organizes, manages, or acts as a financier
of any of the illegal activities.
Sec 7 Employees and visitors of a Den, Dive or
Resort
Penalties:
12 20 years, 100k to 500K imposed upon:

Any employee of a den, dive or resort who is

aware of the place as such

Any person who not being included is aware

of the nature of the place and shall visit the
same.
Section 8 Manufacture of Dangerous drugs and
or controlled precursors and essential chemicals
Penalties:
5M to 10M imposed on any person who
unless authorized by law, shall engage in the
manufacture of any dangerous drug.

Sec 6 Maintenance of a Den, Dive or Resort

Penalties:
Life imprisonment to death and fine of
500k to 10 million any person who shall
maintain a den, dive or resort where any
drug is used or sold in any form.
12 20 years, 100k to 500K

Any person who shall maintain a den,

dive or resort where any controlled
precursor and essential chemical is
used and sold in any form.

Every case where any dangerous drug

was administered delivered and sold to
a minor who is allowed to use the
same in such a place.

any
person
who
act
as
coddler/protector of any violator
1M to 5M should any dangerous drug be
the proximate cause of death shall be
imposed on maintainer, owner and

12 20 years, 100k to 500K

shall manufacture any controlled precursor

and essential chemical.

any person who act as coddler/protector of

any violator
Prima facie proof of manufacture: AC

Any phase of the manufacturing the process

was conducted in the presence or with help
of minors.

Any phase or manufacturing process was

established or undertaken within 100
meters of a residential business, church or
school premises.

Any clandestine laboratory was secured or

protected with booby traps

Any clandestine laboratory was concealed

with legitimate business operations.

Any employment of a practitioner, chemical

engineer, public official or foreigner.

Section 9 Illegal chemical diversion

of controlled precursors and
essential chemicals (sale, dist,
suppy, trsnport

Penalties:
12 20 years, 100k to 500K
imposed upon any person illegally
diverts 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
Penalties:
12 20 years, 100k to 500K
imposed on any person who
Manufacture
or
Delivery
of
equipment, instrument, apparatus
and
other
paraphernalia
for
dangerous drugs and/or controlled
precursors and essential chemicals.
6 mths to 4 yrs, 10K to 50k if it
will be used to inject, ingest, inhale
or otherwise introduce into the
human body a dangerous drug.
Maximum penalty imposed upon
any person who uses a mentally
incapacitated individual to deliver
such
equipment,
instrument,
apparatus and other paraphernalia
for dangerous drugs.
Sec 11 Possession of Dangerous
drugs
Penalties:
Life imprisonment to death and

dangerous drug.

operator.

12 20 years, 100k to 500K any

person who shall sell, trade, administer,
dispense, deliver, give way to another,
distribute, dispatch in transit or transport
any controlled precursor and essential
chemical or act as broker.

If such dive, den or resort is owned by a 3 rd

person, same shall be confiscated and
escheated in favour of the govt. provided
that the complaint shall specifically allege
that such place is intentionally used and
prosecution shall prove such intent. Owner
shall be included as an accused in the
criminal complaint.

10 grams or more of heroine

10 grams or more of cocaine or
cocaine hydrochloride
50
grams
or
more
of
methamphetamine hydrochloride or
shabu
10 grams or more of marijuana resin
or oil
500 grams or more of marijuana
10 grams or more of other dangerous
drugs: ecstacy, TMA, LSD, GHD or
newly introduced drugs

Graduated penalties:

Life imprisonment and 400K to

500K for shabu which is less than 10
grams or more but less than 50
grams

20 years to life, 400K to 500K if

quantities of DD are 5 grams or more
but less than 10 grams (opium,
morphine, cocaine, heroin, marijuana
300g or more but less than 500,
shabu, ecstacy, PMA, TMA, LSD, GHB)

12 years to 20 years, 400K to

500K if quantities of DD are less than
5 grams but less than 10 grams
(opium, morphine, cocaine, heroin,
marijuana less than 300g, ecstacy,
PMA, TMA, LSD, GHB)
Sec 12 Possession of Equipment,
Instrument,
Apparatus
and
other
paraphernalia for Dangerous drugs

Any person in possession of DD during

party or social
gathering or meeting or in the company of
at least 2 persons shall suffer max
penalties in sec 11 regardless of quantity
and purity of such DD.
Sec
14
Possession
of
equipment,
instrument, apparatus and paraphernalia of
DD during parties
Penalties
Max penalty in sec 12 on any person who
shall possess or have under his control any
equipment etc. intended for smoking,
consuming,
administering,
injecting,
ingesting, or introducing any DD into the
body during parties, social meetings or
company at least 2 persons.
Sec 15 Use of Dangerous Drugs
Penalties
1st offense - apprehended or arrested, who
is found to be positive for use of DD, after a
confirmatory test, shall be imposed a
penalty of 6 months rehab in a govt ctr.
2nd offense - shall suffer the imprisonment
of 6 to 12 yrs, 50K to 200k.
Provided, this section shall not be
applicable where the person tested is also
found to be in possession such quantity of
any DD in section 11.

Maximum penalty
Imposed upon any person who organizes,
manages, or acts as a financier of any of the
illegal activities.

Sec 17 Maintenance and Keeping of original

records of transactions on DD or controlled
precursors and essential chemicals
1 year to 6 years 10K to 50K practitioner,
manufacturer, wholesaler, importer, distributor,
dealer or retailer who violates or fails to comply
with maintenance and keeping of original
records of transactions on any DD or controlled
precursors and essential chemicals in accord
with section 40.
Additional penalty shall be imposed through the
revocation of license to practice his/her
profession, in case of practitioner or of the
business, in case of manufacturer, seller,
importer, distributor, dealer or retailer.

fine of 500k to 10 million who

shall possess any dangerous drugs
in
the
following
quantities
regardless of degree and purity:

10 grams or more of opium

10 grams or more of morphine

Of all proceeds of the offense and

all 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
lawful income. Provided that if it is a
vehicle,
the
same
shall
be
auctioned off not later than 5 days
upon an order of confiscation.
During pendency of case in RTC, no
property or income derived w/c may
be confiscated shall be disposed,
alienated or transferred, it shall be
in custodia legis with no bond for
release.

Sec 18 Unnecessary prescription of DD

Penalties
12 20 years, 100k to 500K additional
penalty of revocation of license to practice shall
be imposed upon practitioner who shall
prescribe any DD to any person whose physical
or physiological condition does not require the
usage or dosage prescribed therein. This is done
in consultation with experts particularly those
involve in care of persons in severe pain.

Proceeds shall be used in cost of

proceedings, excess shall accrue to
Board to be used in campaign
against illegal drugs

Sec 19 Unlawful prescription of DD

Sec 21 Custody and disposition of

confiscated,
seized,
and/or
surrendered DD, Plant sources of
DD, Controlled precursors and
essential
chemicals,
Instruments/Paraphernalia
and/or
Lab eqpt.

Penalties
Life imprisonment to death and fine of
500k to 10 million upon person unless
authorized by law, shall issue a prescription or
any other in writing for any DD.

PDEA shall take charge in the ff

manner:

Apprehending team has initial

custody and control, after
seizure
and
confiscation

Penalties
6 mths to 4 yrs, 10K to 50k shall
possess or have under his control any
equipment, instrument, apparatus and
other paraphernalia fit or intended for,
smoking,
consuming,
administering,
injecting, ingesting, or introducing any
DD into the body. In case of medical
practitioners the board shall prescribe
the necessary implementing guidelines.
Possession shall be prima facie evidence
that
the
possessor
has
smoked,
consumed, administered to himself,
injected, ingested or used dangerous
drugs and presumed to have violated sec
15.
Sec 13 Possession of Dangerous drugs
during parties, social gatherings or
meetings

Sec 16 Cultivation or culture of plants

classified as DD or are sources thereof
Penalties
Life imprisonment to death and fine of
500k to 10 million upon any person
who shall plant, cultivate or culture
marijuana, opium or poppy or any other
plant regardless of quantity, in case of
medical lab and research center for
medical experiments Board shall regulate.
Land or portions where these are cultivated
will be confiscated in favour of state,
unless owner can prove lack of knowledge
or exercise of due diligence. If land is public
domain, maximum penalty is imposed.

Every penalty imposed shall carry with it the

confiscation and forfeiture, in favour of the govt.
of all the proceeds and properties derived from
the unlawful act including but not limited to
money and other assets obtained. Unless they
are property of the 3rd person not liable for the
unlawful act, but those of which are not lawful
commerce shall be destroyed without delay.

After conviction in RTC, the court shall

immediately schedule a hearing for the
confiscation & forfeiture

Maximum penalty for financiers of illegal

activities
Sec 29 Criminal Liability for planting of evidence
12 20 years, 100k to 500K any person
who act as coddler/protector of any
violator.

(cost shall be borne by offender) In the

presence of accused, counsel, media, DOJ
civil society groups and elected public
official. Board will issue the guidelines.
Items of lawful commerce as determined
by board shall be donated, used/recycled
for
legitimate
purpose.
That
a
representative sample, duly weighed and
recorded is retained.

Board
shall
issue
a
sworn
certification as to the fact of
destruction or burning w/c together
with representative sample in the
custody of PDEA, shall be submitted
in court w/ jurisdiction.

Alleged offender and rep/counsel

shall be allowed to personally
observe all the above proceedings
and presence does not constitute
admission of guilt. If accused fails to
appoint rep w/in 72 hours before
actual burning Sec of Justice will

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 DD or precursors
and essential chemicals

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
penalty imposed by the court, cannot avail
of the privilege granted by the probation
law or PD no 968.
Sec 25 Qualifying AC in the commission of
the crime by an offender under the
influence of DD
A positive finding for the use of DD shall be
a QAC in the commission of the crime by
an offender, and the application of the
penalty provided in RPC is applied.

Any person guilty of planting any DD/CP/EC

regardless of quantity and purity shall suffer the
penalty of death.
Sec 30 Criminal Liability of officers of
Partnership, Corp, Assoc or other juridical
entities.
The partner, president, director, manager,
trustee, estate administrator or officer who
consents to or knowingly tolerates such violation
will be held as co-principal. If such vehicle,
vessel, aircraft, eqpt or other instrument owned
by or under their control or supervision w/c they
are affiliated.
Sec 31 Additional penalty if offender is an alien
After service of sentence, will be deported
immediately w/o further proceedings, unless
penalty is death.

Sec 26 Attempt or conspiracy

Any attempt or conspiracy to commit the ff

Sec 32 Liability to a person violating any

regulation issued by the board.

physically
inventory
and
photograph same in presence
of accused, his rep/counsel, rep
from media and DOJ and any
elected public official required
to sign the copies of the
inventory and given a copy
thereof.
Within 24 hours of confiscation,
all shall be submitted to PDEA
forensic lab for qualitative and
quantitative exam.
Within 24 hours, a certification
from the forensic lab shall be
done under oath by the forensic
lab examiner. If the volume
submitted does not allow the
completion of testing, a partial
lab exam report shall be issued
indicating the quantity left to
be examined. Final examination
shall be w/in next 24 hrs.
After filing of crim case, within
72 hours court shall conduct an
ocular inspection, within 24
hours
shall
proceed
with
burning & destruction
f.
g.

Witness does not appear to

be the most guilty
There is no direct evidence
available for the state

Sec 34 Termination of grant of

immunity
Grounds for termination

If the testimony is false,

malicious or made only to
harass, molest or prejudice the
accused

Failure or refusal to testify w/o

just cause when lawfully
obliged to do so

Violating any condition for

immunity

appoint a member of PAO to

represent former.
After promulgation and judgement in
crim case where rep sample was
presented as evidence in court. Trial
prosecutor shall inform board of the
final termination of case, in turn shall
request the turnover of sample to
PDEA for proper disposition and
destruction w/in 24 hours.
Transitory provisions w/in 24 hrs
from effectivity of act, DD defined
herein which are presently in
possession of law enforcement
agencies shall be burned in the
presence of rep of court, DOJ, DOH,
accused, counsel. And pending the
org of PDEA the custody and
disposition
and
burning
or
destruction of seized DD shall be
implemented by DOH

unlawful acts shall be penalized with the

same penalty prescribed for commission of
the same:

importation of any DD or controlled

cp/ec

sale, trading, admin, dispensation,

delivery, dist, and transpo of any
DD/CP/EC

Maintenance of Den, dive or resort

where any DD is used in any form

Manufacture of DD/CP/EC

Cultivation and culture of plants;

sources of DD

Sec 22 Grant of compensation, Reward

and Award

Penalties
Life imprisonment to death and fine of
500k to 10 million in addition to
absolute perpetual disqualification from
any public office.

Board shall recommend award that will

be given to any person providing
information and to law enforcers
participating in the operation which
results to successful confiscation and
seizure.
Sec 23 Plea bargaining provision
Person charged with this act shall not be
allowed to avail of the provision of plea
bargaining,

Appointed or elected both in national or

local govt shall undergo mandatory drug
test.
Sec 37 Issuance of false or fraudulent
drug test result

Sec 27 Criminal liability of PO/E for

misappropriation, misapplication or failure
to account for the confiscated, seized and
or surrendered DD, Plant sources of DD,
CP/EC, Inst & Parap or Lab Eqpt including
proceeds obtained from unlawful act
committed

Any elective local and national official

found to have benefitted from the proceeds
of trafficking of DD (material or financial
contributions) shall be removed from office
and perpetually disqualified from holding
any elective or appointive position in govt
even goccs.
Sec 28 Criminal liability of Govt officials &
employees

Maximum penalties of unlawful acts

provided shall be imposed, absolute perp
disq from any public office.

Penalties
6 mths to 4 yrs, 10K to 50k violation on
regulations, in addition to the administrative
sanctions imposed by the board.

Effect is that immunity will cease

and witness shall be prosecuted or
cited for contempt.
Sec 35 Accessory penalties

Sec 33 Immunity
punishment

from

prosecution

and

Requisites

Accused should be prosecuted for violatiobn

of sec 7,11, 12, 14, 15 and 19

Voluntary gives information of any of these

acts 4,5,6,8,10,13 and 16 committed by a
drug syndicate including on any information
leading to whereabouts, identities and arrest
of any/all syndicate members

He willingly testifies against any of the

individuals

His information and testimony has complied

with the ff:
a. It is necessary for the conviction of
above persons
b. It is not yet in the possession of the
state
c. It can be substantially corroborated on
material points
d. Witness has not been convicted of crime
involving moral turpitude
e. Informant shall faithfully comply w/o
delay

Sec
42
Student
organizations

councils

and

campus

All elementary, secondary and tertiary school

shall include in their activities a program for the
prevention and deterrence in the use of DD, and
referral for treatment and rehab of students
from drug dependence.
Sec 43 School Curicula
Instruction on drug abuse and prevention and

Person convicted shall be

disqualified to exercise civil rights:
right of parental authority or
guardianship, rights to dispose of
such property, right to vote and be
voted for. These rights are also
suspended during pendency of an
appeal from such conviction.
ARTICLE III DANGEROUS DRUGS
TESTS AND RECORDS
REQUIREMENTS
Authorized drug testing

Applicants for drivers license

Applicants for firearms license

and permit to carry

Students of secondary and

tertiary school

Officers and employees of

public and private offices

Officers and members of the

military, police and other law
enforcement agencies

All persons charged before

prosecutors office w/ criminal
offense having imposable
penalty of not less than 6 years
and 1 day shall have to
undergo mandatory drug test

All candidates for public office

whether
ARTICLE VI PARTICIPATION OF THE
PRIVATE AND LABOR SECTORS IN
THE ENFORCEMENT OF THIS ACT
Sec 49 Labor organizations and the
private sector

c.
6 years to12 yrs, 100K to 500k any
person licensed who issues false test
results knowingly and wilfully or through
gross negligence

d.
e.
f.

Sec 38 Laboratory examination or test on

Apprehended/Arrested offenders
Any
person
apprehended
violating
provisions of this act shall be subjected
to screening within 24 hours. If found to
be positive the test of screening shall be
challenged within 15 days after receipt of
result through a confirmatory test
conducted in any accredited lab eqpt, if
confirmed same shall be prima facie
evidence that such person used DD.
Positive screening lab test must be
confirmed for it to be valid in court

g.

A certified true copy of such record

covering period of 6 mos duly signed by
pharmacist or owner of drugstore shall be
forwarded to the Board 15 days following
last day of June/dec with copy furnished the
city or municipal health officer concerned

Sec 39 Accreditation of Drug testing ctrs

and physician.
DOH shall be tasked to license and
accredit drug testing centres and accredit
physician. It shall establish, operate and
maintain centres in govt hospitals.
Sec 40 Records required for transactions
on DD/CP/EC

Every
pharmacisr
dealing
in
DD/CP/EC shall maintain and keep an
original record of sales, purchases,
acquisitions, and deliveries of DD
indicating the ff info:
a. License number and address of
pharmacist
b. Name, address and license of
manufacturer, importer, importer
or wholesaler from whom DD
have been purchased.

Quantity and name of the DD

acquired
Date is acquisition or purchase
Name, address and community tax
cert number of buyer
Serial number of prescription and
the name of physician, dentist, vet
or practitioner issuing the same
Date of sale and delivery

Physician, dentist, veterinarian or

practitioner authorized to prescribe
any dangerous drug shall issue the
prescription therefore in one (1)
original and two (2) duplicate copies.
Original is retained by pharmacist for 1
year from date of sale. One copy
retained by buyer while 2nd copy shall
be retained by person issuing the
prescription.
Prescriptions should be written on
forms issued by DOH. For emergency
purposes it can be issued in another
paper provided tha DOH is informed
w/in 3 days after issuance in writing.
No prescription shall be reused or
refilled.
All
manufacturers,
wholesalers,
distributors, importers, dealers or
retailers of DD/CP/EC 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 person
from whom such item were purchased
or acquired or to whom such items
were sold or delivered.

ARTICLE IV PARTICIPATION OF THE FAMILY,

control shall be integrated on curricula of all

private and public schools whether technical,
vocational etc
Sec 44 Heads, supervisors and teachers of
schools
All school heads, supervisors and teachers shall
be deemed persons in authority and has the
power to apprehend/ arrest or cause the
apprehension or arrest of any violator.
They shall be deemed PA 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.

All labor unions, federations and

associations shall include in their
CBA any similar agreements in view
of achieving a drug free workplace.
Sec 50 Government assistance labor sector can secure technical
assistance such as but not limited
to
seminars
and
information
dissemination campaigns
ARTICLE VII PARTICIPATION
LOCAL GOVT UNITS

OF

Sec 51 Local Govt assistance

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 who shall report to
proper authorities. Failure will constitute
disciplinary action by school authorities.

Local govt units shall appropriate a

substantial
portion
of
their
respective annual budgets to assist
or enhance this act.

Sec 46 Special Drug Education Center

Any place or premises which has

been used on two or more
occasions as the site of unlawful
sale or delivery of DD may be
declared to be a public nuisance.

DILG, NYC and DSWD shall establish in each of

its provincial office a special education center
for out of school youth and street children
educating the effect of drug abuse.

Sec 52 Abatement of Drug related

public nuisances

Sec 53 Effect of Board declaration

ARTICLE V PROMOTION OF A NATIONAL DRG
FREE
WORKPLACE
PROGRAM
WITH
THE
PARTICIPATION
OF
PRIVATE
AND
LABOR
SECTORS AND THE DOLE
Sec 47 Drug free workplace DOLE shall
develop, implement a national drug abuse
prevention program in the workplace to be
adopted by private companies w/ 10 or more
employees.
A recommitment order. If he escapes again he
shall be charged of violation of sec 15 and be
subjected under sec 61 either upon order of

If the board declares a place to be a

nuisance it may declare an order
prohibiting the conduct, operation,
or maintenance of any business or
activity. It shall expire after 1 year.
Board may bring a complaint
seeking a permanent injunction.
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 confinement, treatment and
rehab
A drug dependent or any person who
violates sec 15 of this act may by himself
or through his parents spouse, guardian
or relative 4rth degree of consanguinity
apply to the board for treatment of drug
dependency. The board shall bring the
matter to court which shall order for
applicant to be examined for drug
dependency. If the examination results to
an issuance that the applicant is a drug
dependent. He shall be ordered by the
court
to
undergo
treatment
or
rehabilitation in a center designated for
not less than 6 months. He may also be
placed in the care of a DOH practitioner
where a center is not accessible or where
drug dependent is below 18 and is a first
time offender and non-confinement will
not
pose
as
a
danger
to
family/community.
Confinement will not exceed 1 year, the
court and Board will decide to extend or
discharge.
Sec 55 Exemption from 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 criminal liability subject to
the ff conditions:

He/she has complied with the rukes

STUDENTS,
TEACHERS
&
SCHOOL
AUTHORITIES IN THE ENFORCEMENT OF
THIS ACT

board or court.

Sec 41 Involvement of the family

week. If he fails to submit himself the board

shall apply for .

Family shall be primarily responsible for the

education on Effects of DD and close
monitoring of family members who are
susceptible to drug abuse.
Upon certification of temporary release,
offender shall be discharged with the
condition that he shall report to DOH for
after care and follow up treatment
including urine test for a period not
exceeding 18 months under conditions
imposed by court
If dependent is certified to be rehabilitated
he shall be discharged w/o prejudice to the
outcome of any pending case filed in court.
If DOH find that he requires further
treatment he shall be recommitted to
center for confinement. He shall again be
certified release etc
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 may be charged under this
act but shall be placed on probation and
undergo community service instead of
imprisonment or fine in discretion of the
court w/o prejudice to the outcome on any
pending case filed in court.
Community service will be part of the aftercare program w/c may be done in
coordination with non govtl civil org

Sec 60 Confidentiality of records under the

voluntary submission program
Judicial and medical records of drug dependents
are confidential and shall not be used against
him for any purpose. Except to determine how
many times he volunteered for confinement and
treatment
Sec 61 Compulsory confinement of a drug
dependent who refuses to apply under the
voluntary submission program
Any person found to be drug dependent the
board upon petition can have the person
confined for treatment. After petition is filed the
court by an order shall immediately fix a date for
the hearing and a copy shall be served to the
offender.
After such hearing the facts warrant the court
shall order examination od 2 physicians
accredited if they conclude that he is not a drug
dependent, a discharge will be ordered. If he us
a drug dependent, the court shall conduct a
hearing and consider all relevant evidence he
will be committed for treatment. This will be
issues not later tha 15 days from filing.
Sec 62Compulsory submission of a drug
dependent charged with an offense to treatment
and rehab
If the person charged where imposable penalty
is imprisonment of less than 6 years and 1 day
and is found by the prosecutor or by the court at
any stage of the proceedings to be drug
dependent, the court shall suspend all
proceedings and transmit copies of the record of

Thereafter his prosecution for any

offense shall be constituted or shall
continue. In case of conviction he
shall be given full credit for the
period he has been confined in
center. If he is not a recidivist and
violation is sec 15 the penalty is
deemed to have been served with
his confinement upon release and
certification by the center.
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 time that drug dependent is
under confinement in a center or
otherwise under the tteatment and
rehab approved by the board.
Upon cert of the center he may be
temporarily discharged from said
center, the court will order his
release on consition that he shall
report to DOH for after care or
treatment w/in 18 mos as imposed
by board.
If anytime during after care and
follow up period, the board certifies
his complete rehabilitation, the
court shall order his discharge and
order immediate resumption of trial
of case he is originally charged. If
found to be in need of further
treatment he shall be recommitted.
If he escapes the 1 week rule for

and regulations of the center

including after care and follow up
program for at least 18 months
He/she has never been charged or
convicted of any offense punishable
under this act, RPC or any special law
He/she has no record of escape from
a center; provided that if he escaped
he surrenderd himself within 1 week
from date of escape
He/she poses no serious danger to
himself his family or community.

Sec 56 Temporary release from the

centre; after care and follow up
treatment
under
the
voluntary
submission program.
The same penalties provided for under
sec 15 of this act w/o prejudice to any
pending case filed in court.
Sec 64 Confidentiality of records under
the compulsory submission program
Record of drug dependent is covered by
sec 60, however the record of drug
dependent who was not rehabilitated or
who escaped but did not surrender
himself w/in prescribed period, shall be
forwarded to the court and use shall be
determined by the court.
Sec
65
Duty
of
prosecutor/assistants/state prosecutor in
the
proceedings

prepares
the
appropriate petition in all proceedings
arising from this act.

accredited
by
the
DSWD
recommendation of the board.

with

Sec 58 Filing of charges against a drug

dependent who is not rehabilitated under
the voluntary submission programs
A drug dependent who has not been
rehabilitated after 2nd commitment to the
center shall upon recommendation of the
board shall be charged in violation of
section 15 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 escape the
centre, he/she m,ay submit himself for
recommitment within 1
Upon recommendation fo the court, he
may be committed under suspended
sentence to a center or to a DOH
accredited physician for at least 6 months
with after care and follow up program of 18
months
In the case of minors under 15, Juvenile act
will apply.
Sec 67 Discharge after compliance with
conditions of suspended sentence of a firsttimer minor offender.

the case to the board.

recommitment will apply.

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 rehab. It shall file a petition
for commitment at the rts where he is being
investigated or tried. Provided, that where a
criminal case is pending in court shall be filed in
said court. The head of said center shall submit
to the court every 4 months or as often as the
court requires a written report on progress of
treatment. If the dependent has been
rehabilitated , he shall be returned to the court
for discharge

A drug dependent committed under

this particular section who is finally
discharged from confinement shall
be exempt from criminal liability
under sec 15. w/o prejudice to the
outcome of any pending case filed
in court. On the other hand, a DD
who is not rehabilitated after a 2nd
commitment shall upon conviction
by the approp cout, suffer

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 DOH will conduct rehabilitative
surveillance.
Upon
compliance
with
the
conditions of probation, the board shall submit a
written report to the court recommending
termination of probation and a final discharge of
the probationer.
The community service shall be complied with a
discharge or extension shall be issued by the
court. Judicial records sall be covered by 60 and
64.
If a sentence is promulgated, time spent at
center is deducted.
Sec 71 Records to be kept by the DOJ

Sec 66 Suspension of Sentence of first

time offender
An accused who is over 15 years of age
at the time of the commission of the
offense mentioned in sec 11 but more
than18 years at the time when

If the offender is a first time

minor
offender
under suspended sentence
complies with applicable rules including
confinement in a center, the court upon
favorable recommendation from the board,
shall discharge the accused and dismiss all
proceedings.

The DOJ shall keep a confidential record of the

proceeding 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 offender.

Sec 74 Cost sharing in the

treatment and rehabilitation of a
drug dependent
Parent, spouse, guardian or relative
4rth degree shall be charged a
certain percentage of the cost of
treatment to be determined by
DSWD taking into consideration the
economic status of the family of
person confined. Implemented by
social worker
Sec 75 Treatment and rehab centers
Existing
treatment
and
rehab
centers
for
drug
dependents
maintained by NBI and PNP shall be
operated and maintained and
managed by DOH with other
concerned agencies.
National govt shall give priority
funding and establish a rehab
center per province depending on
availability of funds.
ARTICLE IX DDB & PDEA
DDB shall be the policy making
and strategy formulating body in

judgement
should
have
been
promulgated after having been found
guilty of such offense may be given the
benefits of a suspended sentence subject
to the ff conditions:

He has not been previously convicted

of violating any provision, DDA, RPC
or any special law.
He
has
not
been
previously
committed to a center or to the care
of a DOH accredited physician
The board favorable recommends
that his sentence be suspended.

Under suspended sentence, he shall be

under the supervision and rehabilitative
surveillance of the board 6 to 18 months

Upon dismissal of the case the cort shall

enter an order to expunge all official
records. Other than the confidential record
to be retained by the DOJ. He shall not be
held guilty of perjury for failing to recite or
declare any fact related to his case.
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 1st time offender over
15 but not more than 18 at the time when
judgement should have been promulgated.
Sec 69 Promulgation of sentence for 1 st
time minor offender.
If the accused 1st time minor offender
violates any of the conditions of his
suspended
sentence,
the
applicable
regulations and regulations of the board or
the center, the court shall pronounce
judgement of conviction and he shall serve
as sentence as any other convicted person.
Sec 70 Probation or community service for
a first time minor offende in luie of
imprisonment

Sec 72 Liability of a person who violates the

confidentiality of records
6 months to 6 years, 1k to 6K if any
person having official custody with the records,
shall reveal its content to any person other than
those charged, maximum penalty in addition to
absolute perpetual disqualification from any
public office. When offender is a govt official or
employee. If this is used for blackmail on family,
penalty imposed for the crime of violation of
confidentiality shall be in addition of whatever
crime he may be convicted with.
Sec 73 Liability of a Parent, Spouse or Guardian
who refuses to cooperate with the board or any
concerned agency
Family of a minor in any manner prevents or
delays after care may be cited for contempt

the planning and formulation of

policies and programs on drug
prevention and control.
PDEA shall serve 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 chemicals. Prepare for
prosecution or cause the filing of
appropriate criminal and civil cases
for violation of laws on DD and
other similar controlled substances
and assist, support and coordinate
with other govt agencies for the
proper and effective prosecution of
the same.

ARTICLE
XI
JURISDICTION
DANGEROUS DRUGS CASES

OVER

Sec 90 Jurisdiction
SC shall designate special courts from
among existing RTC in each judicial
region to exclusively try and hear cases
involving violation of this act. The
number would depend on population and
the number of cases pending on their
respective jurisdiction.
DOJ shall designate special prosecutors
to exclusively handle cases.
Preliminary investigation should be
terminated within 30 days from date of
filing. When PI is conducted and there is
probable cause, information should be
filed in court w/in 24 hours from end of
investigation. If PI is done by a judge and
probable cause is present the info shall
be filed by proper prosecutor w/in 48
hours from date of receipt.
Trial of the case shall be finished by the
court not later than 60 days from the
date of filing info. Decision on said cases
shall be rendered w/in 15 days from
submission of case for resolution.
Sec 91 Responsibility and liability of law
enforcement agencies and other govt
officials employees in testifying as
prosecution witnesses in Dangerous drug
cases

12 20 years, 100k to 500K any

member of law enforcement agency or
any govt official and employee who after
due notice, fails or refuses intentionally
or negligently to appear as witness on
proceedings involving violations of this

2 mos to 6 yrs, 10K to 50K immediate

superior of the member of law enforcement
agency or any govt employee and
perpetual absolute disqualification from
public office if despite due notice to them,
the former does not exert reasonable effort
to present the employee in court.
The employee or member of law
enforcement
agency
shall
not
be
transferred or reassigned to any other govt
office during the pendency of the case in
court. But may be re-assigned for
compelling reasons.
2 mos to 6 yrs, 10K to 50K failure to to
notify the court of such transfer. With
perpetual absolute disqualification from
public office.
Section 92 Delay and Bungling in the
Prosecution of Drug cases
12 20 years, 100k to 500K any
government officer or employee tasked
with the prosecution of drug related cases
who through laxity, inexcusable neglect,
unreasonable delay or deliberately cause
the unsuccessful prosecution and or
dismissal of the drug cases.

act. Additional administrative liability

meted by superior or appropriate body