Guidelines on Drug Offenders' Reformation Program

Legal basis and related policies

Section 77 of Republic Act No. 9165 places the Board as the policy-making and strategy-formulating body in drug prevention and control.
Section 84(a) of Republic Act No. 9165 authorizes the Philippine Drug Enforcement Agency (PDEA) to implement or cause the efficient and effective implementation of the national drug control strategy and national anti-drug campaign formulated by the Board.
Section 84(q) of Republic Act No. 9165 allows the PDEA to enlist assistance from any government department, bureau, office, agency, instrumentality, including GOCCs in the anti-illegal drugs drive.
Section 51 of Republic Act No. 9165 requires Local Government Units (LGUs) to appropriate a substantial portion of their annual budgets to assist in or enhance enforcement of the Act, with priority to preventive or educational programs and rehabilitation or treatment of drug dependents.
Board Regulation No. 3 (series of 2016) provides guidelines on handling voluntary surrender of drug personalities who are non-users.
Board Regulation No. 4 (series of 2016) provides Oplan Sagip guidelines for voluntarily surrendered drug users and dependents and the monitoring mechanism of barangay anti-drug abuse campaigns.
The DILG Memorandum Circular No. 2009-09 mandates local authorities to support overall government efforts against illegal drugs and other substances.
This regulation complements Supply Reduction, Civic Awareness, and Alternative Development efforts of the government.

Policy intent and program concept

The regulation establishes guidelines for the reformation of drug personalities who voluntarily surrendered to authorities but are not drug users, and for livelihood training, after-care, and community/social re-integration through coordination among LGUs, the National Government, and private stakeholders.
PDEA leads the implementation of an LGU-led program designed to provide family-based in-house reformation for drug offenders based on the concept of “BAHAY PAGBABAGO” (a Reformation Center) (Section 2).
The “BAHAY PAGBABAGO” model is used as the conceptual basis for the BALAY SILANGAN program (Section 2).
The regulation frames BALAY SILANGAN as an alternative intervention for drug personalities who are not eligible for Treatment and Rehabilitation facilities supervised by the DOH, including use as an instrument related to plea bargaining in light of Estipona v. Judge Frank Lobrigo (GR No. 226679, 15 August 2017) (Section 2).
The program operates as a community-involved approach that sustains itself through support from corporate community and civic/cause-oriented groups without expenses on the part of patients and government instrumentalities (Section 2).

Definitions and program types

Rehabilitation is defined as two distinct situations (Section 1):
- Medical Rehabilitation is the process of helping substance/drug-addicted individuals stop compulsive substance/drug seeking and use, using bio-psycho-social interventions by health professionals to remove toxins and modify behavior; it usually applies to individuals who have tried using mood-altering substances and/or are already dependent (Section 1).
- Reformatory Rehabilitation is the process of rectifying or modifying negative attitude and behavior so the person becomes more productive and acceptable to society, and may include facilitating reintegration back to family and community; it usually applies to law violators who may or may not have used substances and/or are dependent (Section 1).
The guidelines apply to drug offenders requiring Reformatory Rehabilitation with the end goal of reforming drug personalities who are not violators of Section 15 of the Act (Section 1).
The program is intended to be independent from interventions undertaken by drug dependents in Drug Abuse Treatment and Rehabilitation Centers (Section 1).

Coverage, implementation level, and coordination

The regulation applies to programs for drug offenders surrendering under Board Regulation No. 3 (series of 2016) (Section 1).
The program is endorsed to municipal/city/provincial levels to support the administration’s anti-illegal drugs advocacy (Section 1).
Barangay-level implementation depends on capacity, capability, and/or the state of drug affectation in the barangays and other related determining factors (Section 1).
PDEA leads implementation of an LGU-led program based on BAHAY PAGBABAGO (Section 2).
The regulation requires coordination among LGUs, the National Government, and private stakeholders for after-care and community/social reintegration (preamble; Section 1).

Oversight structure and committee functions

A BALAY SILANGAN Program National Oversight Committee is created, chaired by PDEA, with DILG as secretariat (Section 3).
National Oversight Committee members include PDEA, DILG, DSWD, TESDA, PPA, BuCor, DTI, DND, PNP, and AFP (Section 3).
Permanent members of the DDB (or their designated representatives) serve as consultants for the program (Section 3).
The regulation directs DILG to issue a memorandum circular directing Regional Offices to provide the secretariat for the Regional Oversight Committee (Sections 3 and 6).
The National Oversight Committee may invite related agencies to expand membership as needed (Section 3).
Each agency member must create a Technical Working Group (TWG) to serve as the operating point of contact (OPR) for matters pertaining to BALAY SILANGAN, headed by the Community Relations Units (e.g., PDEA-PECIS, PNP-PCRG, AFP-CRS, or equivalent) (Section 3).

National and regional committee powers

The National Oversight Committee monitors and evaluates program implementation (Section 4).
The National Oversight Committee files necessary administrative and/or criminal charges in accordance with applicable laws, policies, and guidelines (Section 4).
The National Oversight Committee coordinates the participation of all sectors in the program (Section 4).
The National Oversight Committee enlists assistance from any department, bureau, office, agency, or government instrumentality, including GOCCs (Section 4).
The National Oversight Committee meets at least once every quarter (Section 4).
The National Oversight Committee conducts random inspection and audit of Drug Reformation Program facilities (Section 4).
A Regional Oversight Committee must be established with the Regional Directors of PDEA, PNP, AFP, DSWD, DTI, TESDA, and DILG; representatives may be designated, but only the principal may sign formal documents (Section 5).
The Regional Oversight Committee ensures establishment and operation of Drug Reformation Programs in communities (cities and municipalities) (Section 6).
The Regional Oversight Committee ensures sustainability, files necessary charges, and ensures inclusion of sectors/institutions such as LGUs, livelihood providers (DTI, TESDA), private companies/corporations (CSR), educational institutions (DepEd, CHED, private sector), health institutions, social welfare institutions, and law enforcement/armed units (Section 6).

Anti-drug abuse council revitalization

The regulation provides a phase for updating the validated list of illegal drug personalities at barangay level and for establishing necessary structures, manpower, funds, and other needs to provide livelihood and training programs (Section 7).
Barangay Anti-Drug Abuse Councils (ADACs) formulate the action plan for the Reformation Program in coordination with relevant institutions and stakeholders at the LGU level (Section 7).
ADACs coordinate stakeholders’ participation in implementing the program (Section 7).

Local drug reformation committees and POIs

Provincial, City/Municipal ADACs form the Drug Reformation Committee and adopt the committee’s Program of Instructions (POIs) (Section 8).
The General Interventions under POIs include (as applicable) (Section 8):
- Education and Health: knowledge on illegal drugs; ill effects of illegal drugs; and lectures on RA 9165 (Section 8.A.1.a-c).
- Psychological/Spiritual/Physical activities: counseling/consultative meetings; moral recovery activities; values formation; personal and life skills; community service; exercises and sports activities; and family visitation (Section 8.A.2.a-g).
- Livelihood or Employment Education: Green Revolution Program (gardening); soap making; massage training or reflexology; basic carpentry; basic welding and electrical; basic haircutting; food processing; and mushroom culture (Section 8.B.1-8).
ADACs establish and implement a Drug Reformation Program Committee in provinces, cities, and municipalities (Section 9).
ADACs adopt POIs to cater to eligible drug personalities (Section 9).

Facilities, human resources, and security

The regulation requires establishment of infrastructures for the program such as classrooms, sleeping areas, shower areas and toilet, mess area/pantry, library, a clinic accredited/monitored by DOH Regional Hospital, and sports/recreation area (Section 9.c).
PDEA, PNP, AFP, and concerned ADACs find personnel and subject matter experts (SMEs) to man and facilitate the program in accordance with POI requirements (Section 9.d).
Personnel/SMEs may be provided by government offices, privately owned corporations through Corporate Social Responsibility, LGUs, and NGOs (Section 9.d).
Financial and logistical support must be provided for advocacy activities, information dissemination and media relations, construction of Drug Reformation Centers, and livelihood and educational/financial assistance to program beneficiaries (Section 9.e).
Every Drug Reformation Program Facility must be located in PNP or AFP camps/bases and must be manned accordingly to ensure security and discourage unauthorized departure (Section 10).

Eligibility and enrollment triggers

The following personalities are eligible to enter the program (Section 11):
- Drug personalities who voluntarily surrendered and are not in the PDEA and PNP Target List, Wanted List, and Watch List, and have no other pending criminal cases (Section 11).
- Drug personalities who availed of plea bargaining and/or are convicted under Section 15 (Use of Dangerous Drugs) of the Act; they must undergo the Drug Reformation Program as alternate intervention (Section 11).
- Drug personalities who served jail terms for violation of the Act (Section 11).
Eligible persons are enrolled in the program under the implementation framework (Section 12).

Program intervention phases and process

PDEA spearheads a comprehensive National Reformation Intervention Program Framework designed to assure evidence-based and rights-based activities conforming to international standards and principles (Section 12).
The intervention process includes the following initiatives (Section 12):
1. Supply reduction initiatives spearheaded by PDEA Regional Offices with assistance including territorial units of PNP aided by provincial/national anti-illegal drugs operatives, with references to PDEA, Local PNP, Provincial/City/Municipal Prosecutor roles (Section 12.1).
2. Civic awareness and demand reduction activities from province down to barangay level including drug awareness seminars/training/symposia; preventive education and information campaign; lectures/programs on ill-effects of drug abuse; measures towards prevention and eradication; and engaging youth and students in information dissemination at all community levels (Section 12.2).
3. Classification of drug personalities under DDB Regulations:
  - Regulation No. 3 (series of 2016) on handling voluntary surrender of drug personalities (Section 12.3.a).
  - Regulation No. 4 (series of 2016) on Oplan Sagip, guidelines on voluntarily surrender of drug dependents, and monitoring mechanism of barangay anti-drug abuse campaigns (Section 12.3.b).
4. Conduct of situational analysis to determine community peculiarities as basis for interventions and services, considering demography, geography, political situation, and similar factors, with DSWD, DILG, and local social welfare officers referenced as OPR (Section 12.4).
5. Implementation by concerned institutions in their respective AORs, with eligible drug personalities enrolled and subject to program phases (Section 12.5).
Program phases include (Section 12.5):
- 1st Phase: one (1) month reformation program (mandatory in-house).
- 2nd Phase: duration may vary depending on specific cases; voluntary surrenders under Regulation No. 3 (series of 2016) may be subjected to out-patient program for one to two months; those who availed plea bargaining and/or convicted under Section 15 are subject to in-house intervention programs and orders of the Regional Trial Court (Section 12.5.2.a-b).
- 3rd Phase: livelihood and skills training program with skills matching based on capacity and job opportunities (Section 12.5.3).

Funding, reporting, and oversight accountability

The primary funding source is LGUs, consistent with Republic Act No. 9165, the Local Government Code, and DILG issuances (Section 13).
Private corporations may provide funding through Corporate Social Responsibility, and are encouraged to extend drug abuse prevention advocacy and training to families of workers and communities under the Drug-Free Workplace Program as provided for in Regulation No. 8, series of 2003 of the Board (Section 13).
The Oversight Committee and ADAC representatives coordinate participation of stakeholders willing to assist in the program (Section 13).
PDEA/PNP units in the province/city/municipality submit quarterly reports on the Drug Reformation Program to the Oversight Committee (Section 14).
Member agencies submit quarterly reports to their national offices, and copy is furnished to the Board; each agency designates an office/service/unit to collate the reports (Section 14).

Non-compliance consequences and administrative sanctions

Failure of concerned officials to perform functions under the regulation is a ground for filing appropriate charges pursuant to Section 32 of Republic Act No. 9165, the Local Government Code, and DILG issuances (Section 15).
Failure of LGUs to appropriate a substantial portion of their annual budgets to assist in or enhance enforcement of the Act is a ground for disapproval of the subject LGUs annual budget (Section 15).