Title
Amendments to Dangerous Drugs Act of 1972
Law
Presidential Decree No. 44
Decision Date
Nov 9, 1972
Presidential Decree No. 44 amends the Dangerous Drugs Act of 1972 to provide exemptions and procedures for the confinement, treatment, and rehabilitation of drug dependents, as well as specifying the composition and functions of the Dangerous Drugs Board and the jurisdiction of courts in cases involving drug offenses.
A

Compulsory Submission and Court Proceedings

  • If a person charged with an offense is found drug dependent at any stage, proceedings are suspended and case records transmitted to the Dangerous Drugs Board.
  • The Board may petition for compulsory commitment if public interest requires it, filed in courts having jurisdiction.
  • Courts must take judicial notice of prior case proceedings and determine drug dependency with medical certification.
  • Committed individuals are subject to treatment progress reporting every four months.
  • Upon rehabilitation certification, the dependent is discharged and prosecution may proceed, with prior confinement deducted from penalties where applicable.
  • Prescription periods for offenses are suspended during confinement in treatment centers.

Composition and Functioning of the Dangerous Drugs Board

  • The Board is composed of six ex officio members: Secretaries or representatives of Health, Justice, National Defense, Education, Finance, and Social Welfare.
  • The Secretary of Health serves as Chairman.
  • The Director of the National Bureau of Investigation acts as permanent consultant.
  • Members receive a per diem for each meeting; representatives of members also receive per diem.
  • The Board meets upon the call of the Chairman or two members; quorum is four members.
  • An executive committee of three members or personnel may act on behalf of the Board when necessary.
  • An executive director is appointed with qualifications in relevant fields and is compensated accordingly.

Jurisdiction and Judicial Procedures

  • The Court of First Instance, Circuit Criminal Court, and Juvenile and Domestic Relations Court have concurrent jurisdiction; Juvenile and Domestic Relations Courts have exclusive jurisdiction over offenders under sixteen.
  • Preliminary investigations must conclude within 30 days.
  • If a prima facie case exists after investigation by a prosecuting officer, information must be filed within 24 hours; where a judge conducts investigation, filing follows within 48 hours after receipt of the records.
  • Trials must be completed within 90 days of information filing, with decisions rendered within 15 days after case submission.

Effectivity

  • The amendments take immediate effect upon promulgation.

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