Law Summary
Fundamental Definitions
- Defines key terms such as Accreditation, Dangerous Drugs, Drug Syndicate, Manufacture, Sale, Possession, Use, and others essential for the Act's implementation.
- Includes definitions of legal and illegal acts related to drugs.
- Describes roles such as Financier, Protector/Coddler, Drug Dependent.
Unlawful Acts and Corresponding Penalties
- Importation, sale, manufacture, maintenance of drug dens, possession, and use of dangerous drugs and chemicals are penalized with imprisonment and fines.
- Aggravated penalties for offenses involving minors, use of diplomatic facilities, commission within 100 meters of schools.
- Specific penalties for employees of drug dens and visitors aware of illegal activities.
- Illegal chemical diversion and manufacture of drug paraphernalia punishable.
- Planting evidence results in death penalty.
- Public officers involved in drug offenses face life imprisonment, fines, and disqualification from office.
Confiscation and Disposition of Seized Items
- Proceeds, properties, and instruments related to drug offenses are confiscated and forfeited to the government.
- PDEA is tasked with custody and orderly destruction of seized drugs, equipment, and chemicals.
- Detailed procedures for inventory, testing, and destruction of confiscated items provided.
Drug Testing Regulations
- Drug testing mandatory for various categories including driver and firearm license applicants, students, employees, military and law enforcement personnel, criminal suspects, and public office candidates.
- DOH accredits testing centers and physicians conducting assessments.
- False drug test results subject to severe penalties.
Participation of Families, Schools, and Communities
- Families responsible for prevention and education on drug abuse.
- Schools integrate drug prevention education into curricula at all levels.
- School officials empowered to apprehend drug offenders within school premises.
- Student councils to implement anti-drug programs.
- Special Drug Education Centers to be established for out-of-school youth.
Workplace Drug-Free Policies
- DOLE to develop workplace drug prevention programs for companies with ten or more employees.
- Programs include drug testing, employee assistance, and advocacy.
- Labor organizations involved in promoting drug-free workplaces within collective bargaining agreements.
Local Government Units' Role
- Funds appropriated towards enforcement, education, rehabilitation, and abatement of drug-related nuisances.
- Procedures for declaring places used for illegal drug activities as public nuisances and for their abatement.
Drug Dependent Treatment and Rehabilitation Programs
- Voluntary and compulsory submission programs for treatment and rehabilitation.
- Courts involved in handling applications and commitments.
- Conditions for exemption from criminal liability for rehabilitated dependents.
- Supervision and follow-up treatment mandated post-release.
- Confidentiality of rehabilitation records ensured.
- Provisions for escape and recommitment.
- Cost-sharing guidelines for rehabilitation treatment developed.
Dangerous Drugs Board (DDB) and Philippine Drug Enforcement Agency (PDEA)
- DDB is the policy-making body; PDEA is the implementing agency.
- Detailed composition, powers, duties, and organizational structure outlined.
- PDEA tasked with enforcement, investigation, prosecution support, and international coordination.
- Establishment of PDEA Academy for specialized training.
- Integration of existing drug enforcement units into PDEA under specified transition periods.
Appropriations, Fund Management, and Reporting
- Funding sources include government appropriations, fines, donations, PCSO and PAGCOR shares.
- Special accounts established with strict guidelines on fund use.
- Annual reporting by DDB Chairperson to the President and Congress.
- COA auditing of all financial accounts and expenses.
Jurisdiction and Prosecution of Drug Cases
- Special courts designated to exclusively try drug-related offenses.
- Strict timelines for preliminary investigations, trial, and decisions.
- Mandatory appearance of law enforcement and government witnesses with penalties for non-compliance.
- Punishment for delay or bungling in prosecution.
Reclassification of Drugs
- DDB empowered to reclassify, add, or remove drugs from the dangerous drugs list.
- Procedures involve investigations, public hearings, and consideration of scientific and public health factors.
- Effects of reclassification on pending prosecutions explained.
Congressional Oversight Committee on Dangerous Drugs (COCDD)
- Composed of members from both Houses of Congress.
- Functions include monitoring law implementation, transparency, budget approval, and reporting.
- Powers to summon and subpoena.
- Funded initially by Senate appropriations with ongoing funding in General Appropriations Act.
- Mandated existence for ten years, extendable.
Final Provisions
- Applicability rules of the Revised Penal Code clarified.
- Separability clause for invalid provisions.
- Repeal of inconsistent issuances.
- Rules for IRR implementation and effectivity specified.