QuestionsQuestions (Republic Act No. 9242)
Rehabilitation is defined in two distinct situations: (1) Medical Rehabilitation—bio-psycho-social interventions to stop compulsive substance/drug seeking and use, usually for those addicted/dependent; and (2) Reformatory Rehabilitation—rectifying/modifying negative attitude and behavior to enable productivity and acceptance, facilitating reintegration, usually for law violators who may or may not have used substances and/or be dependent.
The guidelines are for drug offenders requiring Reformatory Rehabilitation with the goal of reforming drug personalities who are not violators of Section 15 of the Act. The program is stated to be independent from interventions undertaken by drug dependents in DOH-supervised Drug Abuse Treatment and Rehabilitation Centers.
PDEA leads the program and chairs the National Oversight Committee. DILG serves as the secretariat of the committee, and is directed to issue a Memorandum Circular directing its regional offices to provide secretariat support.
They include: monitoring and evaluating implementation; filing necessary administrative/criminal charges; coordinating participation of all sectors; enlisting government agencies/GOCCs; meeting at least quarterly; and conducting random inspection and audit of drug reformation program facilities.
It is composed of the Regional Directors of PDEA, PNP, AFP, DSWD, DTI, TESDA, and DILG. Representatives may be designated, but only the principal of each institution may sign formal documents.
ADACs update the validated list of illegal drug personalities at the barangay level and establish necessary structures/manpower/funds for livelihood and training programs. They also formulate the action plan for the reformation program and coordinate stakeholder participation.
They include education and health components (illegal drug knowledge, ill effects, RA 9165 lectures) and psychological/spiritual/physical activities (counseling, moral recovery, values formation, personal and life skills, community service, exercises/sports, and family visitation).
The listed options include: Green Revolution Program (Gardening), Soap Making, Massage Training or Reflexology, Basic Carpentry, Basic Welding and Electrical, Basic Haircutting, Food Processing, and Mushroom Culture.
They must be located either in PNP or AFP camps/bases and be manned accordingly, to ensure security and discourage unauthorized departure.
Eligible are drug personalities who voluntarily surrendered and do not belong to PDEA and PNP target/wanted/watch lists and have no pending criminal cases; those who availed of plea bargaining and/or are convicted under Section 15 (use) must undergo it as alternate intervention; and those who served jail terms for violations of the Act are also eligible.
It provides phases: (1) First Phase—one (1) month mandatory in-house reformation; (2) Second Phase—may vary: outpatient one to two months for voluntary surrenders under Reg. No. 3 (2016); and in-house intervention for plea bargaining/Section 15 convictions subject to RTC orders; (3) Third Phase—livelihood and skills training with skills matching based on capacity and job opportunities.
A situational analysis is to determine peculiarities of concerned communities as basis for interventions/services. It considers demography, geography, political situation, etc., and is to be conducted/handled by institutions including DSWD and DILG/local social welfare officers (as stated in the regulation).
PDEA/PNP units in the province/city/municipality must submit quarterly reports on the Drug Reformation Program to the Oversight Committee. Member agencies then submit their quarterly reports to their national offices, with copy furnished to the Board.
Failure of concerned officials to perform functions per the regulation is a ground for filing appropriate charges pursuant to Section 32 of RA 9165, the Local Government Code, and DILG issuances. Failure of LGUs to appropriate a substantial portion of their annual budgets for enforcement/relevant programs is a ground for disapproval of the subject LGU’s annual budget.
It takes effect fifteen (15) days after its publication in two (2) newspapers of general circulation and registration with the Office of the National Administrative Register (ONAR), UP Law Center, Diliman, Quezon City.