Declared coverage: prohibited and regulated drugs
- The Act treats dangerous drugs through two categories: “Prohibited drugs” and “Regulated drugs.” (Section 2)
- The Act makes it unlawful to commit specified acts (including importation, sale, administration, delivery, distribution, transportation, and manufacture) unless authorized by law. (Sections 3, 4, 7, 14, 15)
- The Act imposes penalties for possession or use of Prohibited drugs and for possession or use of Regulated drugs without a corresponding license or prescription. (Sections 8, 16)
Definitions the Act expressly establishes
- “Board” refers to the Dangerous Drugs Board created under Section 35, Article VIII. (Section 2)
- “Centers” refers to treatment rehabilitation centers for drug dependents referred to in Section 34, Article VII. (Section 2)
- “Cultivate or culture” means knowingly planting, growing, raising, or permitting the planting, growing, or raising of any plant which is the source of a prohibited drug. (Section 2)
- “Deliver” means knowingly passing a dangerous drug to another, personally or otherwise, by any means, with or without consideration. (Section 2)
- “Drug dependence” means a state of psychic or physical dependence, or both, on a dangerous drug, arising following administration or use on a periodic or continuous basis. (Section 2)
- “Indian hemp” (also known as “Marijuana”) embraces every kind and class of cannabis sativa L. whose resin has not been extracted, including cannabis americana, hashish, bhang, guaza, churrus, and ganjah, and includes every form (reefer, resin, extract, tincture, or any form), whether dried or fresh and whether flowering or fruiting tops of the pistillate plant, including all geographic varieties. (Section 2)
- “Manufacture” includes production, preparation, compounding, processing, packaging/repackaging, and labeling/relabeling of a dangerous drug; it excludes preparation, compounding, packaging, or labeling by a duly authorized practitioner as an incident to professional administration or dispensing. (Section 2)
- “Opium” includes coagulated juice of the opium poppy (papaver somniferum) and embraces every kind and class of opium (crude or prepared), ashes or refuse, narcotic preparations thereof, morphine or alkaloids of opium, preparations where opium/morphine/alkaloid enters as an ingredient, opium poppy straw, and leaves or wrappings of opium leaves, whether prepared for use or not. (Section 2)
- “Pusher” refers to any person who sells, administers, delivers, gives away, distributes, dispatches in transit, transports any dangerous drug, or acts as a broker in violations of the Act. (Section 2)
- “Regulated drug” includes self-inducing sedatives (e.g., secobarbital, phenobarbital, pentobarbital, barbital, amobarbital, and other salts/derivatives of barbituric acid), amphetamine-related drugs (e.g., benzedrine, dexedrine, salts/isomers/derivatives, and similar physiological action), and hypnotic drugs (e.g., methaqualone or similar compounds). (Section 2)
- “Dangerous” drugs refer to either Prohibited drugs or Regulated drugs. (Section 2)
- “Prohibited drug” includes opium and active components/derivatives (e.g., heroin and morphine), coca leaf derivatives (principally cocaine), alpha and beta eucaine, hallucinogenic drugs (e.g., mescaline, lysergic acid diethylamide (LSD) and similar-effect substances), Indian hemp and derivatives, all preparations of the foregoing, and other drugs (natural or synthetic) with physiological effects of a narcotic drug. (Section 2)
- “Use” covers injecting (intravenously or intramuscularly) or consuming by chewing, smoking, sniffing, eating, swallowing, drinking, or otherwise introducing dangerous drugs into the body. (Section 2)
Prohibited drugs: unlawful acts and penalties
- Importation of prohibited drugs is penalized when done unless authorized by law, with imprisonment from fourteen years and one day to life imprisonment and a fine from PHP 14,000 to PHP 30,000. (Section 3)
- Sale, administration, delivery, distribution, dispatch in transit, or transportation of prohibited drugs, or acting as a broker in such transactions, is penalized unless authorized by law, with imprisonment from twelve years and one day to twenty years and a fine from PHP 12,000 to PHP 20,000. (Section 4)
- If the offender is a practitioner, revocation of the license to practice is imposed as an additional penalty for offenses under Section 4. (Section 4)
- If the victim is a minor, the maximum of the penalty in Section 4 is imposed. (Section 4)
- If a prohibited drug involved in an offense under Section 4 is the proximate cause of death, the penalty is life imprisonment to death and a fine from PHP 20,000 to PHP 30,000, imposed upon the pusher. (Section 4)
- Maintaining a den, dive, or resort where a prohibited drug is used in any form is penalized unless authorized by law, with imprisonment from twelve years and one day to twenty years and a fine from PHP 12,000 to PHP 20,000. (Section 5)
- The maximum penalty is imposed under Section 5 when a prohibited drug is administered, delivered, or sold to a minor allowed to use it in the den, dive, or resort. (Section 5)
- If a prohibited drug is the proximate cause of death of a person using it in such place, the penalty is life imprisonment to death and a fine from PHP 20,000 to PHP 30,000 against the maintainer. (Section 5)
- Penalties apply to employees and visitors of prohibited drug dens, dives, or resorts:
- Employees are penalized with imprisonment from two years and one day to six years and a fine from PHP 2,000 to PHP 6,000. (Section 6)
- Any person who knowingly visits such place (and is not within the employees covered) is penalized with the same range. (Section 6)
- Manufacture of prohibited drugs is penalized unless authorized by law, with life imprisonment to death and a fine from PHP 20,000 to PHP 30,000. (Section 7)
- Possession or use of prohibited drugs (other than Indian hemp) is penalized unless authorized by law with imprisonment from six years and one day to twelve years and a fine from PHP 6,000 to PHP 12,000. (Section 8)
- Possession or use of Indian hemp is penalized unless authorized by law with imprisonment from six months and one day to six years and a fine from PHP 600 to PHP 6,000. (Section 8)
- Cultivation or culture of Indian hemp, opium poppy (papaver somniferum), and other plants from which any prohibited drug may be manufactured is penalized with imprisonment from fourteen years and one day to life imprisonment and a fine from PHP 14,000 to PHP 30,000. (Section 9)
- The land where such plants are cultivated or cultured is confiscated and escheated to the State, unless the owner proves lack of knowledge despite due diligence. (Section 9)
- Prescription, record, and documentation offenses for prohibited drugs are penalized:
- Violations or failures to comply with Section 25 involving a prohibited drug impose imprisonment from one year and one day to six years and a fine from PHP 1,000 to PHP 6,000, against pharmacists, physicians, dentists, veterinarians, manufacturers, wholesalers, importers, distributors, dealers, or retailers. (Section 10)
- Additional penalty for the covered practitioners: revocation of license; for the covered manufacturer/seller/importer/distributor/dealer: revocation of business license. (Section 10)
- Unlawful prescription: making or issuing a prescription or writing purporting to be a prescription for any prohibited drug (unless authorized by law) carries imprisonment from eight years and one day to twelve years and a fine from PHP 8,000 to PHP 12,000. (Section 11)
- Unnecessary prescription by physicians/dentists: prescribing a prohibited drug for a person whose condition does not require it carries imprisonment from four years and one day to twelve years, a fine from PHP 4,000 to PHP 12,000, and revocation of license. (Section 12)
- Possession of opium paraphernalia is penalized:
- Possessing or having under control any opium pipe, equipment, instrument, apparatus, or other paraphernalia fit or intended for smoking, consuming, administering, injecting, ingesting, or otherwise using opium or any other prohibited drug, unless authorized by law, carries imprisonment from six months and one day to four years and a fine from PHP 600 to PHP 4,000. (Section 13)
- Possession of such paraphernalia is prima facie evidence of having smoked, consumed, administered to himself, injected, ingested, or used a prohibited drug. (Section 13)
Regulated drugs: unlawful acts and penalties
- Importation of regulated drugs without authorization is penalized with imprisonment from six years and one day to twelve years and a fine from PHP 6,000 to PHP 12,000. (Section 14)
- Sale, dispensing, delivery, transportation, or distribution of regulated drugs without authorization is penalized with imprisonment from six years and one day to twelve years and a fine from PHP 6,000 to PHP 12,000. (Section 15)
- If the offender is a practitioner, the maximum penalty in Section 15 and revocation of the license to practice is imposed. (Section 15)
- Possession or use of regulated drugs without a corresponding license or prescription is penalized with imprisonment from six months and one day to four years and a fine from PHP 600 to PHP 4,000. (Section 16)
- Violations or failures to comply with Section 25 involving a regulated drug impose imprisonment from six months and one day to four years and a fine from PHP 600 to PHP 4,000 on pharmacists, physicians, dentists, veterinarians, manufacturers, wholesalers, importers, distributors, dealers, or retailers. (Section 17)
- Unlawful prescription of regulated drugs carries imprisonment from four years and one day to eight years and a fine from PHP 4,000 to PHP 8,000. (Section 18)
- Unnecessary prescription of regulated drugs by physicians/dentists carries imprisonment from six months and one day to four years, a fine from PHP 600 to PHP 4,000, and revocation of license. (Section 19)
Common offense rules: confiscation and liability
- Every penalty imposed for unlawful importation, sale, administration, delivery, transportation, manufacture of dangerous drugs, cultivation of plants which are sources of prohibited drugs, and possession of opium pipes and other prohibited-drug paraphernalia carries with it:
- Confiscation and forfeiture to the Government of proceeds of the crime and the instruments or tools used in the crime,
- Destruction of those not of lawful commerce,
- Turnover of confiscated dangerous drugs and plant-sources of prohibited drugs to the Board for safe keeping and proper disposal. (Section 20)
- Penalties for attempt or conspiracy follow the same penalty prescribed for the completed offense in specified cases: importation, sale/administration/delivery/distribution/transportation of dangerous drugs, maintenance of a den/dive/resort, manufacture of dangerous drugs, and cultivation/culture of plants which are sources of prohibited drugs. (Section 21)
- An alien who violates Articles II and III is deported immediately after service of sentence, in addition to the penalties. (Section 22)
- Partnership/corporation liability: when a violation is committed by a partnership, corporation, association, or other juridical person, the partner, president, director, or manager who consents to or knowingly tolerates the violation is held criminally liable as a co-principal. (Section 23)
- Vehicle/vessel/aircraft/instrument liability: the penalty is imposed on the partner/president/director/manager/officer/stockholder who knowingly authorizes, tolerates, or consents to use of a vehicle, vessel, or aircraft, or its equipment/machines/instruments, as an instrument in the specified dangerous-drug acts, when such instrument is owned or under the control/supervision of the juridical entity. (Section 23)
- Government officials and employees: the maximum penalties provided in specified sections apply when the guilty are government officials/employees/officers, including members of police agencies and the armed forces. (Section 24)
- During social gatherings: the maximum of the penalties in Section 8 (prohibited drugs) and Section 16 (regulated drugs) applies to a person found possessing or using a dangerous drug during a party/social gathering or in a group of at least five persons possessing or using such drugs. (Section 27)
Records, prescriptions, and Board-issued forms
- Pharmacists handling dangerous drugs must keep an original record of sales, purchases, acquisitions, and deliveries of dangerous drugs showing license number/address; sources of purchase; quantity/name; date of acquisition/purchase; buyer details including address, license, quantity/name of drugs sold/delivered; serial number of prescription; and date of sale/delivery. (Section 25)
- Pharmacists must forward a certified true copy of quarterly records to the city or municipal health officer within fifteen (15) days following the last day of each quarter. (Section 25)
- The city or municipal health officer must forward those records to the Board within fifteen (15) days from receipt. (Section 25)
- Prescriptions for dangerous drugs must be issued in one original and two duplicate copies:
- The original is retained by the pharmacist for one year from the date of sale or delivery.
- One copy is retained by the buyer or person to whom the drug is delivered until consumed.
- The second copy is retained by the person issuing the prescription. (Section 25)
- Prescriptions must be made out on forms exclusively issued and obtained from the Board, using special paper distributed in quantities and containing information and data the Board requires by rules and regulations. (Section 25)
- The Board may issue such forms only to licensed physicians, dentists, veterinarians, and practitioners and in quantities authorized by the Board. (Section 25)
- In emergency cases specified by the Board in the public interest, prescriptions need not be accomplished on the Board forms. (Section 25)
- Within three days after issuing each prescription, the prescribing physician/dentist/veterinarian/practitioner must inform the Board of the prescription in writing. (Section 25)
- No prescription once issued may be refilled. (Section 25)
- Manufacturers, wholesalers, distributors, importers, dealers, and retailers of dangerous drugs must keep records of all sales, purchases, acquisitions, and deliveries, including names/addresses/licenses of trading parties; name and quantity of drugs; and date of each transaction. (Section 25)
Special criminal rules
- Importing dangerous drugs using diplomatic passports/facilities to facilitate unlawful entry is penalized with life imprisonment and a fine of PHP 30,000; the diplomatic passport is confiscated and cancelled. (Section 26)
- In cases of voluntary submissions for rehabilitation, a drug dependent who complies with Board-prescribed conditions is exempt from criminal liability for offenses under Section 8 (prohibited drugs) and Section 16 (regulated drugs). (Section 30)
Rehabilitation measures and sentence adjustments
- Voluntary submission exemption: a drug dependent who voluntarily submits himself to confinement, treatment, and rehabilitation in a center and complies with Board conditions is not criminally liable for violations of Section 8, Article II and Section 16, Article III. (Section 30)
- Minor voluntary submission by sworn petition: a minor committed for treatment and rehabilitation in a government center is covered by the exemption upon a sworn petition of a parent, guardian, or relative within the fourth civil degree of consanguinity or affinity, filed with the Court of First Instance of the province or city where the minor resides. (Section 30)
- Court hearing steps for minor petitions:
- The court sets the petition for hearing and gives the drug dependent an opportunity to be heard.
- If facts warrant, the court orders examination by two physicians accredited by the Board.
- If both conclude the minor is not a drug dependent, the court discharges him.
- If either finds dependency, the court conducts a hearing and considers relevant evidence offered.
- If the court finds drug dependency, it orders commitment to a center designated by the court for treatment and rehabilitation under Board supervision. (Section 30)
- Release petitions: when in the opinion of the committed person, or parent/guardian/relative, or the Board that the person is rehabilitated, any may file a sworn petition for release with the Court of First Instance that ordered the commitment; after due hearing, the court orders release if the petition is well-founded. (Section 30)
- Escape and re-submission/recommitment:
- If the drug dependent escapes, the drug dependent may re-submit within one week from escape date, or the parent/guardian/relative may surrender him for recommitment within the same one week.
- If not re-submitted or not surrendered, the Board may file a sworn petition for recommitment.
- Upon proof of previous commitment or voluntary submission, the court issues an order for recommitment.
- If he escapes again after recommitment, he is no longer exempt from criminal liability for use or possession of any dangerous drug. (Section 30)
- Confidentiality of records: judicial and medical records of confinement/commitment under Section 30 are confidential and may not be used against the drug dependent except to determine how many times he voluntarily submitted or has been committed/recommitted. (Section 30)
- Compulsory submission after arrest:
- If a person charged with an offense is found by the fiscal or court at any stage to be a drug dependent, the fiscal or court suspends all further proceedings and transmits case record copies to the Board. (Section 31)
- If the Board determines after medical examination that public interest requires commitment to a government center, it petitions the Court of First Instance where the person resides for commitment. (Section 31)
- The court takes judicial notice of prior proceedings and hears the petition; if it finds dependency, it orders commitment to a government center. (Section 31)
- The head of the center submits written progress reports to the court every four months (or as often as the court requires). (Section 31)
- If rehabilitated (certified by the center and the Board), the person is returned to the court for discharge. (Section 31)
- After that, prosecution for the offense continues or is instituted as appropriate; on conviction, the full period of prior detention and treatment-rehabilitation confinement is deducted from the penalty imposed, and service is only for the remainder. (Section 31)
- Suspension of sentence for first offense of a minor:
- For an accused less than twenty-one years of age convicted of violating Section 8 and Section 16, with no prior conviction for any provision of the Act or the Revised Penal Code and no prior placement on probation as provided, the court may defer sentence and place him on probation under supervision of the Board or its agents and under court-imposed conditions for a period ranging from six months to one year. (Section 32)
- If probation conditions are violated, the court renders judgment of conviction and sentence is served like any other criminal case. (Section 32)
- If no condition is violated, upon expiration of the period, the court discharges him and dismisses proceedings. (Section 32)
- If the court finds the minor drug dependent, the court commits him to a center for treatment and rehabilitation under Board supervision; upon Board certification of rehabilitation, the court discharges him. (Section 32)
- A confidential record of proceedings is kept by the Department of Justice and is used only to determine whether the person is a first offender under the Act. (Section 32)
- After dismissal, the court orders expungement of all official records (except the confidential DOJ record); the order remains confidential and restores status prior to the case. The accused cannot be held guilty of perjury or concealment/misrepresentation for failure to acknowledge the case or recite related facts in response to inquiry for any purpose. (Section 32)
- For minors under sixteen years of age at the time of commission of any offense penalized under this Act, Article 80 of the Revised Penal Code applies without prejudice to application of Section 32. (Section 32)
- Violation of confidentiality:
- Any person with official custody/access to the confidential records under Sections 30 and 32, or any person who gains possession of such records (lawfully or not), who reveals contents to any person other than those charged with prosecution under the Act or its implementation, is penalized with imprisonment from six months and one day to six years and a fine from PHP 600 to PHP 6,000. (Section 33)
Treatment and rehabilitation centers
- The existing Treatment and Rehabilitation Center for Drug Dependents at Tagaytay City continues to be operated and maintained by the National Bureau of Investigation, under supervision and funding of the Board, and it constitutes the nucleus for centers that may be created, authorized, and/or accredited under the Act. (Section 34)
- The Board must encourage and assist establishment, operation, and maintenance of private centers. (Section 34)
Dangerous Drugs Board: creation, composition, powers
- A Dangerous Drugs Board is created with nine members. (Section 35)
- Three members are appointed by the President with Commission on Appointments consent and must have training/experience in dangerous drugs or in law, medicine, criminology, psychology, or social work. (Section 35)
- The President designates a chairman from among the three appointive members, serving six years; the other two appointive members serve four years and two years, respectively. (Section 35)
- Successors to appointive members serve six years and until successors are duly appointed and qualified. (Section 35)
- Six members are ex-officio: representatives of the Secretary of Justice, Secretary of National Defense, Secretary of Health, Secretary of Education, Secretary of Finance, and Secretary of the Department of Social Welfare. (Section 35)
- The Director of the National Bureau of Investigation is the permanent consultant of the Board. (Section 35)
- The chairman receives compensation of PHP 24,000 per annum; each of the two other appointed members receives PHP 18,000 per annum. (Section 35)
- The Board meets at the call of the chairman or of the two other President-appointed members; five members constitute a quorum. (Section 35)
- The Board may constitute an executive committee composed of the chairman and two other members, tasked with carrying out Board policies/decisions; it meets as often as necessary at the chairman’s discretion. (Section 35)
- When public interest requires, the executive committee may act for and in behalf of the Board, with decisions valid unless revoked by the Board at its next regular or special meeting. (Section 35)
- The Chief of the Narcotics Section of the National Bureau of Investigation serves as ex-officio executive director of the Board, as administrative officer, and performs other duties assigned by the Board. (Section 35)
- The Board must:
- Promulgate necessary rules and regulations, including safekeeping, disposition, burning, or condemnation of dangerous drugs under its custody, and prescribe administrative remedies/sanctions for rule violations. (Section 36)
- Take charge and custody of dangerous drugs seized/confiscated/surrendered by law enforcement agencies if no longer needed as evidence. (Section 36)
- Develop and disseminate educational programs based on factual information, coordinate educational campaigns with institutions of learning and law enforcement agencies, and use literature/films/displays/advertisements. (Section 36)
- Provide special training to law enforcement officers, school authorities, and personnel of centers. (Section 36)
- Conduct scientific, clinical, social, psychological, physical, and biological research on dangerous drugs. (Section 36)
- Develop, in coordination with relevant agencies, a national treatment and rehabilitation program for drug dependents and call on government entities to assist. (Section 36)
- Receive donations for the Act’s objectives. (Section 36)
- Appoint technical, administrative, and other personnel necessary for effective implementation, subject to civil service laws/rules. (Section 36)
- Receive and evaluate information on importation/exportation/production/manufacture/sales/stocks/seizures/estimated need, and require data from government and private persons/entities. (Section 36)
- Relay information on violations to law enforcement agencies to apprehend offenders, confiscate dangerous drugs, and transmit evidence to proper courts. (**Section