Law Summary

Introduction

This regulation provides guidelines for the reformation of drug offenders who voluntarily surrendered to authorities but are not drug users. The program aims to transform these individuals into self-sufficient and law-abiding members of society through coordinated efforts among local government units (LGUs), national government agencies, and private stakeholders.

Legal Basis

• Republic Act No. 9165: The Comprehensive Dangerous Drugs Act of 2002 establishes the Dangerous Drugs Board (DDB) as the policy-making body in drug prevention and control.
• Sections Cited:
  • Section 77: Mandates the DDB's role in policy-making.
  • Section 84 (a): Outlines the Philippine Drug Enforcement Agency's (PDEA) responsibility in implementing national drug strategies.
  • Section 51: Requires LGUs to allocate a portion of their budgets for drug enforcement and rehabilitation.

Scope and Limitation

• Definition of Rehabilitation:
  • Medical Rehabilitation: Interventions for substance-dependent individuals.
  • Reformatory Rehabilitation: Modifying negative behaviors of law violators, including those who are not drug-dependent.
• The guidelines apply specifically to non-user drug offenders who voluntarily surrendered under Regulation No. 3, series of 2016, and will not interfere with existing treatment programs for drug dependents.

Rationale

• The Bahay Pagbabago model, originally successful in Bataan, serves as the basis for the Balay Silangan program. This community-based approach emphasizes volunteerism and corporate responsibility without imposing costs on participants.

National Oversight Committee

• A National Oversight Committee chaired by the PDEA is established to oversee the program, with DILG as the secretariat.
• Members Include:
  • PDEA, DILG, DSWD, TESDA, PPA, BuCor, DTI, DND, PNP, AFP.
• The committee will coordinate actions, monitor implementation, and hold quarterly meetings.

Functions of the National Oversight Committee

• Key Responsibilities:
  • Monitor and evaluate program implementation.
  • Coordinate participation across sectors.
  • Conduct inspections of facilities.
  • File necessary charges for non-compliance.

Regional Oversight Committee

• Each region must establish a Regional Oversight Committee composed of key agency representatives.
• The committee ensures the sustainability and operation of local drug reformation programs.

Revitalization of Anti-Drug Abuse Councils (ADACs)

• ADACs are responsible for updating lists of drug personalities and coordinating the reformation programs at the barangay level.

Drug Reformation Program Committee

• Provincial, city, and municipal ADACs will establish a Drug Reformation Committee and adopt Program of Instructions (POIs).
• General Interventions Include:
  • Education on illegal drugs.
  • Psychological and spiritual activities.
  • Livelihood training programs.

Networking and Infrastructure

• ADACs will implement Drug Reformation Programs and establish necessary infrastructures like classrooms and clinics.
• Personnel and subject matter experts will be sourced from both government and private sectors.

Security Measures

• Reformation program facilities must be located in PNP or AFP camps to ensure security.

Eligibility for the Program

• Eligible participants include:
  • Voluntary surrenderers not on PDEA/PNP target lists.
  • Individuals who availed of plea bargaining under the Act.

Implementation of the Program

• The intervention framework will be evidence-based, aiming for a structured process with three phases:
  • Phase 1: One month of mandatory in-house reformation.
  • Phase 2: Varies for outpatient or in-house interventions based on individual cases.
  • Phase 3: Skills training aligned with job opportunities.

Funding

• Funding will primarily come from LGUs as mandated by law, with potential contributions from private corporations through CSR initiatives.

Monitoring and Reporting

• PDEA/PNP will submit quarterly reports to the Oversight Committee to track program progress.

Penalties for Non-Compliance

• Officials failing to execute their duties under this regulation may face administrative or criminal charges as per the Act.

Effectivity

• The regulation takes effect 15 days post-publication in two newspapers and registration with the Office of the National Administrative Register.

Key Takeaways

• Objective: Facilitate the reformation of non-user drug offenders through a structured community program.
• Collaboration: Emphasizes local and national government cooperation and private sector involvement.
• Comprehensive Approach: Addresses education, psychological support, and skills training while ensuring security and monitoring.
• Accountability: Establishes penalties for non-compliance to uphold the integrity of the program.