QuestionsQuestions (PRESIDENTIAL DECREE NO. 1619)
PD 1619 defines “volatile substances” as any liquid, solid, or mixed substance that releases toxic vapors or fumes containing enumerated chemical compounds (e.g., methanol, ethanol, acetone, benzene, toluene, xylene, etc.) or other chemical substances which, when sniffed/smelled/inhaled/introduced into the body, produce intoxication or conditions such as stupefaction, giddiness, paralysis, irrational behavior, or disturb auditory, visual, or mental processes.
Section 2 punishes the use or possession of volatile substances for the purpose of inhalation to induce intoxication or any condition described in Section 1. Penalty: imprisonment of 6 months and 1 day to 4 years, and a fine of ₱600 to ₱4,000. RA 6425 (Dangerous Drugs Act of 1972), particularly Article VI on rehabilitative confinement and suspension of sentence, applies whenever appropriate.
Section 2 covers personal use or possession for inhalation to induce intoxication/mental or sensory disturbance. Section 3 covers supplying-related acts—selling, administering, delivering, giving away, distributing, dispatching in transit, transporting, or acting as a broker—of volatile substances to induce intoxication or the prohibited conditions.
Section 3 imposes imprisonment of 4 years and 1 day to 8 years and a fine of ₱4,000 to ₱8,000 for persons who sell, administer, deliver, give away, distribute/dispatch/transport, or broker volatile substances for inhalation to induce intoxication or the conditions described.
Section 4 punishes maintaining a den, dive, or resort where volatile substances are used for inhalation to induce intoxication or the prohibited conditions, even if the accused is not necessarily shown to have personally sold or delivered the substance.
Imprisonment of 4 years and 1 month to 8 years and a fine of ₱4,000 to ₱8,000.
Section 5 prohibits the sale or offer to sell volatile substances to minors without requiring the written consent of their parents or guardians as a condition for such sale or offer to sell.
Penalty: imprisonment of 6 months and 1 day to 4 years and a fine of ₱600 to ₱4,000.
If the minor is 18 years or over and duly licensed to drive a motor vehicle, written parental/guardian consent is not necessary when the volatile substance sold or offered for sale is gasoline or any other motive fuel for motor vehicles.
Section 6 prohibits the sale of, and the offer to sell, to minors liquors or beverages containing an alcoholic content of 30% or above (60 proof or above).
Imprisonment of 6 months and 1 day to 4 years and a fine of ₱600 to ₱4,000.
Section 2 expressly provides that Article VI of RA 6425 (Rehabilitative Confinement and Suspension of Sentence) shall apply whenever appropriate to cases arising under Section 2.
The Dangerous Drugs Board is empowered to issue rules and regulations to carry out PD 1619’s purposes, including treatment and rehabilitation of volatile substance dependents and their confinement (including rehabilitation or commercial products containing the listed compounds), and to publish lists (when needed) in newspapers of general circulation of industrial/commercial products whose sale is restricted or prohibited under the preceding sections.
It takes effect immediately.
For Section 2, the use or possession must be for the purpose of inhalation to induce or produce intoxication or any of the conditions described in Section 1.
(1) Use/possession for inhalation to induce intoxication (Sec. 2). (2) Selling/administration/delivery/brokering/distribution/transport for inhalation purposes (Sec. 3). (3) Maintaining a den/dive/resort where volatile substances are used for inhalation (Sec. 4). (4) Selling/offering to sell volatile substances to minors without written parental/guardian consent (Sec. 5). (5) Selling/offering to sell high-alcohol beverages to minors (Sec. 6).