Question & AnswerQ&A (PRESIDENTIAL DECREE NO. 44)
The main objective is to amend the Dangerous Drugs Act of 1972 to cure defects and supply deficiencies in order to effectively curb drug addiction and its related problems in the Philippines.
A drug dependent who voluntarily submits himself for confinement, treatment, and rehabilitation and complies with the Board's rules shall not be criminally liable for violations related to drug use and possession under the law.
A petition may be filed by the minor's parent, guardian, or relative within the fourth civil degree of consanguinity or affinity, or by the Director of Health or the Secretary of the Department of Social Welfare.
The Court of First Instance, Juvenile and Domestic Relations Court, or Circuit Criminal Court of the province or city where the minor resides have jurisdiction regardless of the minor's age.
If the drug dependent escapes, they may resubmit within one week to avoid losing exemption from criminal liability. If they do not resubmit or are not recommitted, and if they escape again after recommitment, they lose exemption and may be criminally liable.
The fiscal or court shall suspend proceedings and transmit records to the Dangerous Drugs Board, which will determine whether the person should be committed for treatment and rehabilitation before further prosecution.
The prescription period of the offense charged does not run while the accused is under detention or confinement in a treatment center.
The Board is composed of six ex officio members: Secretaries or their representatives of Health, Justice, National Defense, Education, Finance, and Social Welfare, with the Secretary of Health as Chairman.
The executive committee, composed of three members or ranking personnel, executes policies and decisions of the Board and can act on its behalf when public interest requires, with decisions approved by the Secretary of Health.
The Court of First Instance, Circuit Criminal Court, and Juvenile and Domestic Relations Court have concurrent jurisdiction, with Juvenile and Domestic Relations Courts having exclusive cognizance of offenders under sixteen years old.
Preliminary investigation must be terminated within 30 days; information filed within 24 hours if conducted by a prosecuting officer, or within 48 hours if by a judge; trials must finish within 90 days; and decisions rendered within 15 days after submission.