1. 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

2. Article I-III

3. ARTICLE I Definition of terms

4. 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;

5. 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.

6. 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

7. 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

8. 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.

9. 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

10. 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

11. 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

12. 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

13. 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.

14. Article IV-VII

15. ARTICLE IV
Participation of the Family, Students, Teachers and School Authorities in the
Enforcement of this Act

16. 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.

17. 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.

18. 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

19. 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.

20. 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.

21. 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

22. 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

23. ARTICLE VI Participation of the Private and Labor Sectors in the Enforcement of this Act

24. 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

25. Participation of Local Government Units
Article VII
Participation of Local Government Units

26. 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

27. 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

28. 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

29. Article VIII-X

30. Voluntary Submission Voluntary Submission Patient Spouse Parent
Guardian
Up to 4th degree of affinity

31. Voluntary Submission DOH physician certification
Center: for 6 months or
Under the care of a DOH physician near the patient’s residence

32. Voluntary Submission ≤1 year
Further confinement: head of the treatment and rehabilitation center

33. Temporary Release DOH after care and follow-up treatment (18 months)
Outcomes
Recommited
Discharge

34. 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

35. 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

36. Compulsory Confinement
Upon petition of the Board
Examination (two physicians)
Discharge (no dependence)
Trial (1 out of 2)
Commitment

37. 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

38. 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

39. Minor Offenders
Suspension sentence

40. Liability of Parents, Spouse and Guardian
Contempt of court
Refuses to cooperate with the Board without any valid reasons

41. Cost-Sharing for Treatment of and Rehabilitation
Percentage of the confinement will be charged to the:
Parents or
Spouse or
Gaurdian

42. 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

43. 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

44. Dangerous Drugs Board
Chairman: President of the Philippines

45. 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

46. 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

47. 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

48. 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

49. 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

50. 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

51. Article XI-XIII

52. 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.

53. 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.

54. 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

55. 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.

56. 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.

57. 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

58. 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

59. 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

60. 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

61. 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

62. 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

63. 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

64. Republic Act 9165
Summary

65. 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

66. 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

67. 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

68. 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

69. 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