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Dangerous Drugs Act of 2002 R.A. 9165
In Partial Fulfillment of Requirements Health Care: Philippine Setting Preventive Medicine III Department of Preventive, Family and Community Medicine Faculty of Medicine and Surgery University of Santo Tomas Group Leader: Mar Epetia Secretary: Kristy Evangelista Members: Epetia-Garan Alejandro V. Pineda, Jr., MD and Rafael P. Bantayan, Jr., MD
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Article I-III
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ARTICLE I Definition of terms
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ARTICLE II Unlawful Acts and Penalties
Importation of any dangerous drug and/or controlled precursor and essential chemical Sale, trading, administration, dispensation, delivery, distribution and transportation of any dangerous drug and/or controlled precursor and essential chemical;
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ARTICLE II Unlawful Acts and Penalties
Maintenance of a den, dive or resort where any dangerous drug is used in any form Manufacture of any dangerous drug and/or controlled precursor and essential chemical Cultivation or culture of plants which are sources of dangerous drugs.
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ARTICLE II Unlawful Acts and Penalties
Criminal Liabilities Public Officer or Employee for misappropriation, misapplication or failure to account for the confiscated dangerous drugs Government Officials and Employees Planting of evidence Officers of partnerships, corporations, associations or other juridical entities Person Violating Any Regulation Issued by the Board
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ARTICLE II Unlawful Acts and Penalties
Immunity from Prosecution and Punishment Person who: voluntarily gives information about any violation (of Sections 4, 5, 6, 8, 10, 13, and 16, Article II of this Act) willingly testifies against such persons as described above exempted from prosecution or punishment for the offense
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ARTICLE III Dangerous Drugs Test and Record Requirements
Authorized Drug Testing Gov’t forensic labs/accredited drug testing labs by DOH 2 testing methods (screening and confirmatory test) Issuance of False or Fraudulent Drug Test Results penalty of imprisonment (6y and 1d - 12y) fine (P100K-P500K) additional penalty: revocation of the license to practice his/her profession in case of a practitioner and the closure of the drug testing center.
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ARTICLE III Dangerous Drugs Test and Record Requirements
Laboratory Examination or Test on Apprehended/Arrested Offenders Screening test (24 hours) If positive → confirmatory test GC/MS lab (w/in 15d) prima facie evidence
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ARTICLE III Dangerous Drugs Test and Record Requirements
Accreditation of Drug Testing Centers and Physicians Drug testing centers: to assure capacity, competence, integrity and stability to conduct the examinations and tests Physicians: qualified and duly trained
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ARTICLE III Dangerous Drugs Test and Record Requirements
Records Required for Transactions on Dangerous Drug and Precursors and Essential Chemicals. Pharmacist - original record of sales, purchases, acquisitions and deliveries of dangerous drugs certified true copy → Board within 15 days following the last day of June and December of each year
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ARTICLE III Dangerous Drugs Test and Record Requirements
Records Required for Transactions on Dangerous Drug and Precursors and Essential Chemicals. Physician, dentist, veterinarian or practitioner authorized to prescribe any dangerous drug Original → pharmacist (1 year from the date of sale or delivery of such drug) One copy → buyer or person to whom the drug is delivered until such drug is consumed One copy → person issuing the prescription
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ARTICLE III Dangerous Drugs Test and Record Requirements
Records Required for Transactions on Dangerous Drug and Precursors and Essential Chemicals. Manufacturers, wholesalers, distributors, importers, dealers and retailers of dangerous drugs and/or controlled precursors and essential chemicals Keep record: all inventories, sales, purchases, acquisitions and deliveries names, addresses and licenses of the persons (items were purchased/acquired or were sold or delivered) name and quantity and the date of the transactions.
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Article IV-VII
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ARTICLE IV Participation of the Family, Students, Teachers and School Authorities in the Enforcement of this Act
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Section 41. Involvement of the Family
The family being the basic unit of the Filipino society shall be primarily responsible for the education and awareness of the members of the family on the ill effects of dangerous drugs and close monitoring of family members who may be susceptible to drug abuse.
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Section 42. Student Councils and Campus Organizations
All elementary, secondary and tertiary schools' student councils and campus organizations shall include in their activities a program for the prevention of and deterrence in the use of dangerous drugs, and referral for treatment and rehabilitation of students for drug dependence.
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Section 43. School Curricula
Instruction on drug abuse prevention and control shall be integrated in the elementary, secondary and tertiary curricula of all public and private schools, whether general, technical, vocational or agro-industrial as well as in non- formal, informal and indigenous learning systems
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Section 45. Publication and Distribution of Materials on Dangerous Drugs
Publication and distribution of information and support educational materials on dangerous drugs to the students, the faculty, the parents, and the community.
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Section 46. Special Drug Education Center
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.
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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
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ARTICLE V Promotion of drug-free workplaces using a tripartite approach. DOLE develop, promote and implement a national drug abuse prevention program Program includes: mandatory drafting and adoption of company policies against drug use in the workplace labor and employer organizations human resource development managers
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ARTICLE VI Participation of the Private and Labor Sectors in the Enforcement of this Act
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Article VI All labor unions, federations, associations, or organizations + their respective private sector partners joint continuing programs and information campaigns for the laborers to achieve a drug free workplace
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Participation of Local Government Units
Article VII Participation of Local Government Units
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Article VII: Participation of LGU
appropriate a 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
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Article VII: Abatement of Drug Related Public Nuisances
Any place or premises which have been used on two or more occasions as the site of the unlawful sale or delivery of dangerous drugs may be declared to be a public nuisance
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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 Expire after 1 year
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Article VIII-X
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Voluntary Submission Voluntary Submission Patient Spouse Parent
Guardian Up to 4th degree of affinity
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Voluntary Submission DOH physician certification
Center: for 6 months or Under the care of a DOH physician near the patient’s residence
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Voluntary Submission ≤1 year
Further confinement: head of the treatment and rehabilitation center
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Temporary Release DOH after care and follow-up treatment (18 months)
Outcomes Recommited Discharge
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Exemption from Criminal Liability
Complied with the rules and regulation of the center Never been charged or convicted for a criminal offense (RA 9165) No records of escape Poses no serious danger to himself and to the community
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Exemption from Criminal Liability
May undergo probation and community service instead of imprisonment Rehabilitation went well but does not qualify for exemption Prosecution No rehabilitation after 2nd reconfinement
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Compulsory Confinement
Upon petition of the Board Examination (two physicians) Discharge (no dependence) Trial (1 out of 2) Commitment
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Compulsory Submission of a Drug Dependent with an Offense
Suspension of any other proceedings Imprisonmet: Less than 1 year and day Returned to court after rehabilitation
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Confidentiality of Records
Cannot be used against the patient in any way In case of escapes and failure to be rehabilitated Court Public interest Drug dependent welfare
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Minor Offenders Suspension sentence
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Liability of Parents, Spouse and Guardian
Contempt of court Refuses to cooperate with the Board without any valid reasons
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Cost-Sharing for Treatment of and Rehabilitation
Percentage of the confinement will be charged to the: Parents or Spouse or Gaurdian
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Responsibilities of DOH
Integration, coordination and supervision of all drug rehabilitation, intervention, after-care and follow-up programs License, accredit, establish and maintain drug test network and laboratory Initiate, conduct and support scientific research on drugs and drug control
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Responsibilities of DOH
Encourage, assist and accredit private centers Prescribe and promulgate rules and regulations governing the establishments of centers Charge reasonable fees for drug dependency examinations
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Dangerous Drugs Board Chairman: President of the Philippines
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Twelve Ex-officio members
Secretary of the Department of Justice Secretary of the Department of Health Secretary of the Department of National Defense Secretary of the Department of Finance Secretary of the Department of Labor and Employment
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Secretary of the Department of the Interior and Local Government
Secretary of the Department of Social Welfare and Development Secretary of the Department of Foreign Affairs Secretary of the Department of Education Chairman of the Commission on Higher Education
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Three Permanent Members
Chairman of the National Youth Commission Director General of the PDEA Three Permanent Members Seven years of training Appointed by the President Undersecretary
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Philippine Drug Enforcement Agency (PDEA)
Shall act as the implementing arm of the Board Headed by the Director General of the PDEA which is appointed by the President
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Appropriations, Management of Funds and Annual Report
Fines, fees and other income authorized by this RA 10% of all forfeited lotto and sweepstakes prizes but not less than P 12M per year from the PCSO 50% of which will be used for the assistance of government owned and/or operated rehabilitation center
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Appropriations, Management of Funds and Annual Report
No amount shall be disbursed to cover the operating services of the Board and other concerned agencies P 5M from PAGCOR every month Establishment of new Rehabilitation Center Operation of Rehabilitation Centers
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Article XI-XIII
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Article XI Jurisdiction Over Dangerous Drugs Cases Section 90
Article XI Jurisdiction Over Dangerous Drugs Cases Section 90. Jurisdiction The Supreme Court - designate special courts from existing Regional Trial Courts in each judicial region to exclusively try and hear cases involving violations of this Act DOJ - designate the special prosecutors Preliminary investigation - terminated within a period of thirty (30) days from the date of their filing. Probable cause established (public prosecutor) - filed in court within twenty-four (24) hours Probable cause established (judge) - filed by prosecutor within forty-eight (48) hours. Trial of the case under this Section shall be finished by the court not later than sixty (60) days Decision on said cases - within a period of fifteen (15) days from the date of submission of the case for resolution.
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Article XI Jurisdiction Over Dangerous Drugs Cases Section 91
Article XI Jurisdiction Over Dangerous Drugs Cases Section 91. Responsibility and Liability of Law Enforcement Agencies and other Government Failure or refusal (intentionally or negligently) to appear as a witness of a member of law enforcement agency Imprisonment = 12 years and 1 day to 20 years Fine = P500,000.00 Administrative liability The immediate superior Imprisonment = 2 months and 1 day to 6 years Fine = P10, to P50,000.00 Perpetual absolute disqualification from public office Transferred or re-assigned for compelling reasons: Provided, that his immediate superior shall notify the court where the case is pending of the order to transfer or re-assign, within 24 hours from its approval Provided, further, that his immediate superior be penalized.
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Article XI Jurisdiction Over Dangerous Drugs Cases Section 92
Article XI Jurisdiction Over Dangerous Drugs Cases Section 92. Delay and Bungling in the Prosecution of Drug Cases Patent laxity, inexcusable neglect, unreasonable delay or deliberately causes the unsuccessful prosecution and/or dismissal of drug cases of any government employee or officer shall suffer: Imprisonment = 12 years and 1 day to 20 years
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Article XI Jurisdiction Over Dangerous Drugs Cases Section 93
Article XI Jurisdiction Over Dangerous Drugs Cases Section 93. Reclassification, Addition or Removal of Any Drug from the List of Dangerous The Board – has 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: PDEA, DOH, or by petition from any interested party. The Board consider the following factors: (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.
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Article XI Jurisdiction Over Dangerous Drugs Cases Section 93
Article XI Jurisdiction Over Dangerous Drugs Cases Section 93. Reclassification, Addition or Removal of Any Drug from the List of Dangerous The Dangerous Drugs Board shall give notice to the general public of the public hearing of the reclassification, addition to or removal from the list of any drug by publishing such notice in any newspaper of general circulation once a week for two (2) weeks. The effect of such reclassification, addition or removal shall be as follows: (a) In case a dangerous drug is reclassified as precursors and essential chemicals, the penalties will be imposed in all pending criminal prosecutions; (b) In case a precursors and essential chemicals is reclassified as dangerous drug, the penalties shall be imposed in all pending criminal prosecutions; (c) Addition of a new drug to the list of dangerous drugs and precursors and essential chemicals = no criminal liability shall arise until after the lapse of fifteen (15) days from the last publication of such notice; (d) 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 will be dismissed; (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.
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Article XII: Implementing Rules and Regulations
The Board shall consult: DOH, DILG, DOJ, DepEd, DSWD, DOLE, PNP, NBI, PAGCOR and the PCSO disseminate within sixty (60) days the
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Article XIII: Final Provisions
Congressional Oversight Committee seven (7) Members from the Senate (appointed by the Senate President) – at least 2 Senator from the Minority seven (7) Members from the House of Representatives (appointed by the Speaker) –at lest 2 representing the Minority Committee Head: chairpersons of the Senate Committee and House of Representatives
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Article XIII: Final Provisions
Powers and Functions of the Oversight Committee: set the guidelines to monitor and ensure the proper implementation ensure transparency and require the submission of reports from government agencies concerned on the conduct of programs, projects and policies approve the budget for the programs submit periodic reports to the President of the Philippines and Congress
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Article XIII: Final Provisions
Powers and Functions of the Oversight Committee: determine weaknesses in the law and recommend the necessary corrective legislation or executive measures perform such other duties, functions and responsibilities necessary to effectively attain the objectives
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Article XIII: Final Provisions
Oversight Committee shall adopt its rules of procedure, conduct hearings, receive testimonies, reports, and advice, invite or summon by subpoena ad testificandum any public official, private citizen, or any other person to testify before it
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Article XIII: Final Provisions
Twenty-five million pesos (P25,000,000.00) shall be charged to carry out the powers and functions of the Oversight Committee shall exist for a period of ten (10) years from the effectivity of this Act and may be extended by a joint concurrent resolution
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Article XIII: Final Provisions
If for any reason any section or provision of this Act, is declared invalid or unconstitutional, the remainder of this Act shall not be affected and shall remain in effect
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Republic Act 9165 Summary
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Comprehensive Dangerous Drugs Act of 2002
Repealed the old Dangerous Drugs Act of 1972, or otherwise known as R.A. 6425 Policy of the state Promulgate laws against illegal trafficking of drugs, sanctions and penalties to drug offenders Protect its citizens especially the youth to harmful effects of Dangerous Drugs Implementation and enforcement of anti-drug abuse policies, programs, and projects Provide measures for treatment and rehabilitation to drug offenders
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RA 9165 – Kill Drug Trafficking
Instill fear and provide the Right punishment Strict implementation of fines and penalties to offenders for the benefit of the youth and society Grave penalties for illegal possession, pushing, manufacturing, trading, cultivating of illegal dangerous drugs Stiff penalties on to dangerous drug den owners, financiers, protectors, coddlers and traders
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RA 9165 – Call to Advocacy Society’s need to know
A drive to educate and advocate the society through the family school and family Special Drug Education Centers Publication and Distribution of Materials regarding Dangerous Drugs
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RA 9165 – Call to Advocacy Seeks everyone to campaign against drug use
Promotion of a Drug-Free workplace Heralded by labor unions, federations, organizations, and the private sector
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RA 9165 – Tx and Rehabilitation
Rehabilitation programs for the drug dependent A voluntary submission to confinement, treatment and rehabilitation Tied with the DOH Save the User and Not the Pusher
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