Law Summary
Key Definitions
- Comprehensive definitions of terms including "Administer," "Board" (Dangerous Drugs Board), "Centers" (treatment centers), "Chemical Diversion," "Clandestine Laboratory," "Controlled Precursors and Essential Chemicals," "Dangerous Drugs," "Drug Dependence," "Drug Syndicate," "Financier," "Illegal Trafficking," "Den, Dive or Resort" and others.
- Detailed chemical and substance lists consistent with international conventions (UN Single Conventions, 1988 UN Convention) are annexed.
- Classifications and chemical nomenclature for drugs such as cannabis, methamphetamine, opium, and others are specified.
Unlawful Acts and Penalties
- Importation, sale, manufacture, possession, trading, administration, delivery, and distribution of dangerous drugs or controlled precursors attract severe penalties including life imprisonment or death and fines ranging from P100,000 to P10,000,000.
- Aggravated penalties apply for offenses near schools, involving minors, or resulting in death.
- Maintaining a "den, dive, or resort" for drug use or sale is penalized with severe imprisonment and fines; owners can have properties confiscated.
- Employees and visitors to such places knowing their nature also face penalties.
- Illegal chemical diversion and manufacturing illicit drugs carry punishments with incarceration and fines.
- Penalties also extend to prescription abuse, record keeping violations, and fraudulent drug test results.
- Immunity from prosecution is available for informants under strict conditions.
- Plea bargaining and probation are generally disallowed for drug traffickers and pushers.
- Planting evidence attracts a death penalty.
Dangerous Drugs Testing and Records
- Mandatory drug testing for applicants of driver’s licenses, firearm permits, students, government workers, and candidates for public office.
- Tests must include a screening and a confirmatory test conducted by accredited centers.
- False or fraudulent drug test results cause imprisonment, fines, and professional license revocation.
- Detailed record-keeping and reporting requirements for pharmacists, practitioners, manufacturers, and distributors.
Prevention, Education, and Rehabilitation Programs
- Families bear primary responsibility in educating members on drug abuse hazards.
- Schools must incorporate drug abuse prevention in curricula and empower teachers and officials to enforce laws within school premises.
- Publication and distribution of information on drugs is mandated.
- Special drug education centers for out-of-school youth and street children to be established.
- National drug-free workplace programs to be implemented in private workplaces with guidelines framed by government agencies.
- Labor organizations encouraged to include drug prevention in collective agreements.
Local Government’s Role
- Local governments to allocate substantial budgets to drug prevention, rehabilitation, and enforcement.
- Administrative boards may abate places repeatedly used for illegal drug sales as public nuisances with injunctions.
Treatment and Rehabilitation Programs
- Voluntary submission programs allow drug dependents to apply for confinement, treatment, and rehabilitation with court oversight.
- Conditions for exemption from criminal liability upon successful rehabilitation.
- Provisions for temporarily releasing rehabilitants with after-care and follow-up treatment.
- Compulsory confinement procedures for drug dependents refusing voluntary treatment.
- Confidentiality provisions protect drug dependents’ records.
- Suspension of sentence and probation provisions for first-time minor offenders subjected to rehabilitation and after-care.
Dangerous Drugs Board (DDB)
- Policy-making body for drug prevention and control under the Office of the President.
- Composed of 17 members including permanent, ex officio, and regular members from various government agencies and organizations.
- Formulates national drug control policies, conducts research, promulgates rules, coordinates educational programs, and oversees treatment standards.
Philippine Drug Enforcement Agency (PDEA)
- Lead implementing agency for enforcement under the Board.
- Headed by a Director General with deputies, and organized into services such as Intelligence, Legal, Operations, and others.
- Enforces unlawful acts penalties, investigates violations, executes arrests, manages seized materials, and coordinates with international agencies.
- Establishes forensic labs and a national drug intelligence system.
Organizational and Funding Provisions
- Integration of narcotics units from PNP, NBI, and Customs into the PDEA within 18 months.
- Budget allocated from government funds, fines, and a portion of revenues from PCSO and PAGCOR.
- Funds managed by the Board and appropriated annually by Congress.
Jurisdiction Over Drug Cases
- Special courts designated to handle drug cases with mandatory timelines for investigation and resolution.
- Special prosecutors to handle drug-related offenses.
- Penalties for government officials or employees who fail to testify or cause delays in prosecution.
Reclassification of Drugs
- The Board empowered to reclassify, add, or remove drugs from the schedules based on scientific and policy considerations.
- Public hearings and notifications are mandated.
- Effects on prosecution and penalties vary accordingly.
Confidentiality and Legal Procedures
- Protection of records and confidentiality of informants and drug dependents.
- Immunity provisions conditioned on truthful and corroborated testimony.
Oversight Committee
- A Congressional Oversight Committee is created to monitor implementation, ensure transparency, and recommend remedial legislation.
- Powers include conducting hearings, subpoena powers, and budget approval.
Final Provisions
- Provisions on repeal of previous laws, effectivity clauses, separability, and limited applicability of the Revised Penal Code.
- Emphasizes the disallowance of plea-bargaining and probation in many drug offenses.
This summary captures the key provisions, structures, legal concepts, penalties, and administrative frameworks governing the comprehensive control, prevention, treatment, and enforcement of dangerous drugs in the Philippines under the Comprehensive Dangerous Drugs Act of 2002.