republic act no 9165.docx
TRANSCRIPT
-
8/18/2019 REPUBLIC ACT NO 9165.docx
1/19
REPUBLIC ACT NO. 9165 June 7, 2002
AN ACT INSTITUTING THE COMPREHENSIVE
ANGEROUS RUGS ACT O! 2002, REPEALING
REPUBLIC ACT NO. 6"25, OTHER#ISE $NO#N AS THE
ANGEROUS RUGS ACT O! 1972, AS AMENE,
PROVIING !UNS THERE!OR, AN !OR OTHER
PURPOSES
Be it enacted by the Senate and House of Representatives of
the Philippines in Congress
Se%&'(n 1. Short Title. – This Act shall be known and cited as
the "Comprehensive Dangerous Drugs Act of 2002".
Se%&'(n 2. Declaration of Policy. – t is the polic! of the tate
to safeguard the integrit! of its territor! and the well#being of
its citi$enr! particularl! the !outh% from the harmful e&ects of
dangerous drugs on their ph!sical and mental well#being% and
to defend the same against acts or omissions detrimental to
their development and preservation. n view of the foregoing%
the tate needs to enhance further the e'cac! of the law
against dangerous drugs% it being one of toda!(s more serious
social ills.
Toward this end% the government shall pursue an intensive
and unrelenting campaign against the tra'cking and use of
dangerous drugs and other similar substances through an
integrated s!stem of planning% implementation and
enforcement of anti#drug abuse policies% programs% and
pro)ects. The government shall however aim to achieve a
balance in the national drug control program so that people
with legitimate medical needs are not prevented from being
treated with ade*uate amounts of appropriate medications%
which include the use of dangerous drugs.
t is further declared the polic! of the tate to provide
e&ective mechanisms or measures to re#integrate into societ!individuals who have fallen victims to drug abuse or
dangerous drug dependence through sustainable programs of
treatment and rehabilitation.
A+TC,- Denition of termsSe%&'(n ). Denitions. As used in this Act% the following terms
shall mean/
a1 Administer. – An! act of introducing an! dangerous drug
into the bod! of an! person% with or without hisher
knowledge% b! in)ection% inhalation% ingestion or other means%
or of committing an! act of indispensable assistance to a
person in administering a dangerous drug to himselfherself unless administered b! a dul! licensed practitioner for
purposes of medication.
b1 3oard. # +efers to the Dangerous Drugs 3oard under
ection 44% Article 5 of this Act.
c1 Centers. # An! of the treatment and rehabilitation centers
for drug dependents referred to in ection 67% Article 8 of
this Act.
d1 Chemical Diversion. – The sale% distribution% suppl! or
transport of legitimatel! imported% in#transit% manufactured or
procured controlled precursors and essential chemicals% indiluted% mi9tures or in concentrated form% to an! person or
entit! engaged in the manufacture of an! dangerous drug%
and shall include packaging% repackaging% labeling% relabeling
or concealment of such transaction through fraud% destruction
of documents% fraudulent use of permits% misdeclaration% use
of front companies or mail fraud.
e1 Clandestine ,aborator!. – An! facilit! used for the illegal
manufacture of an! dangerous drug andor controlled
precursor and essential chemical.
f1 Conrmator! Test. – An anal!tical test using a device% tool
or e*uipment with a di&erent chemical or ph!sical principle
that is more specic which will validate and conrm the result
of the screening test.
g1 Controlled Deliver!. – The investigative techni*ue of
allowing an unlawful or suspect consignment of an!
dangerous drug andor controlled precursor and essential
chemical% e*uipment or paraphernalia% or propert! believed to
be derived directl! or indirectl! from an! o&ense% to pass into%
through or out of the countr! under the supervision of anauthori$ed o'cer% with a view to gathering evidence to
identif! an! person involved in an! dangerous drugs related
o&ense% or to facilitate prosecution of that o&ense.
h1 Controlled :recursors and -ssential Chemicals. – nclude
those listed in Tables and of the ;? Convention
Against llicit Tra'c in ?arcotic Drugs and :s!chotropic
ubstances as enumerated in the attached anne9% which is an
integral part of this Act.
i1 Cultivate or Culture. – An! act of knowingl! planting%
growing% raising% or permitting the planting% growing or raising
of an! plant which is the source of a dangerous drug.
)1 Dangerous Drugs. – nclude those listed in the chedules
anne9ed to the ;
-
8/18/2019 REPUBLIC ACT NO 9165.docx
2/19
s1 nstrument. – An! thing that is used in or intended to be
used in an! manner in the commission of illegal drug
tra'cking or related o&enses.
t1 ,aborator! -*uipment. – The paraphernalia% apparatus%
materials or appliances when used% intended for use or
designed for use in the manufacture of an! dangerous drug
andor controlled precursor and essential chemical% such as
reaction vessel% preparativepurif!ing e*uipment% fermentors%
separator! funnel% Eask% heating mantle% gas generator% or
their substitute.
u1 Fanufacture. – The production% preparation% compounding
or processing of an! dangerous drug andor controlled
precursor and essential chemical% either directl! or indirectl!
or b! e9traction from substances of natural origin% or
independentl! b! means of chemical s!nthesis or b! a
combination of e9traction and chemical s!nthesis% and shall
include an! packaging or repackaging of such substances%
design or conguration of its form% or labeling or relabeling of
its containerG e9cept that such terms do not include the
preparation% compounding% packaging or labeling of a drug or
other substances b! a dul! authori$ed practitioner as an
incident to hisher administration or dispensation of such drug
or substance in the course of hisher professional practiceincluding research% teaching and chemical anal!sis of
dangerous drugs or such substances that are not intended for
sale or for an! other purpose.
v1 Cannabis or commonl! known as "Fari)uana" or "ndian
Bemp" or b! its an! other name. – -mbraces ever! kind%
class% genus% or specie of the plant Cannabis sativa
. including% but not limited to% Cannabis a!ericana%hashish"
bhang" gua#a" churrus and gan$ab% and embraces ever! kind%
class and character of mari)uana% whether dried or fresh and
Eowering% Eowering or fruiting tops% or an! part or portion of
the plant and seeds thereof% and all its geographic varieties%
whether as a reefer% resin% e9tract% tincture or in an! form
whatsoever.
w1 Feth!lenedio9!methamphetamine FDFA1 or commonl!
known as "-cstas!"% or b! its an! other name. – +efers to the
drug having such chemical composition% including an! of its
isomers or derivatives in an! form.
91 Fethamphetamine B!drochloride or commonl! known as
"habu"% "ce"% "Feth"% or b! its an! other name. – +efers to
the drug having such chemical composition% including an! of
its isomers or derivatives in an! form.
!1 pium. – +efers to the coagulated )uice of the opium
popp! Papaver so!niferu! .1 and embraces ever! kind%class and character of opium% whether crude or preparedG the
ashes or refuse of the sameG narcotic preparations thereof or
therefromG morphine or an! alkaloid of opiumG preparations in
which opium% morphine or an! alkaloid of opium enters as an
ingredientG opium popp!G opium popp! strawG and leaves or
wrappings of opium leaves% whether prepared for use or not.
$1 pium :opp!. – +efers to an! part of the plant of the
species Papaver so!niferu! ." Papaver setigeru! DC"
Papaver orientale" Papaver bracteatu! and Papaver rhoeas%
which includes the seeds% straws% branches% leaves or an! part
thereof% or substances derived therefrom% even for Eoral%
decorative and culinar! purposes.
aa1 :D-A. – +efers to the :hilippine Drug -nforcement
Agenc! under ection =2% Article 5 of this Act.
bb1 :erson. – An! entit!% natural or )uridical% including among
others% a corporation% partnership% trust or estate% )oint stock
compan!% association% s!ndicate% )oint venture or other
unincorporated organi$ation or group capable of ac*uiring
rights or entering into obligations.
cc1 :lanting of -vidence. – The willful act b! an! person of
maliciousl! and surreptitiousl! inserting% placing% adding or
attaching directl! or indirectl!% through an! overt or covert
act% whatever *uantit! of an! dangerous drug andor
controlled precursor and essential chemical in the person%
house% e&ects or in the immediate vicinit! of an innocent
individual for the purpose of implicating% incriminating or
imputing the commission of an! violation of this Act.
dd1 :ractitioner. – An! person who is a licensed ph!sician%
dentist% chemist% medical technologist% nurse% midwife%
veterinarian or pharmacist in the :hilippines.
ee1 :rotectorCoddler. – An! person who knowingl! and
willfull! consents to the unlawful acts provided for in this Act
and uses hisher inEuence% power or position in shielding%
harboring% screening or facilitating the escape of an! person
heshe knows% or has reasonable grounds to believe on or
suspects% has violated the provisions of this Act in order to
prevent the arrest% prosecution and conviction of the violator.
&1 :usher. – An! person who sells% trades% administers%
dispenses% delivers or gives awa! to another% on an! terms
whatsoever% or distributes% dispatches in transit or transports
dangerous drugs or who acts as a broker in an! of such
transactions% in violation of this Act.
gg1 chool. – An! educational institution% private or public%
undertaking educational operation for pupilsstudents
pursuing certain studies at dened levels% receiving
instructions from teachers% usuall! located in a building or a
group of buildings in a particular ph!sical or c!ber site.
hh1 creening Test. – A rapid test performed to establish
potentialpresumptive positive result.
ii1 ell. – An! act of giving awa! an! dangerous drug andor
controlled precursor and essential chemical whether for
mone! or an! other consideration.
))1 Trading. – Transactions involving the illegal tra'cking of
dangerous drugs andor controlled precursors and essential
chemicals using electronic devices such as% but not limited to%
te9t messages% email% mobile or landlines% two#wa! radios%
internet% instant messengers and chat rooms or acting as a
broker in an! of such transactions whether for mone! or an!
other consideration in violation of this Act.
kk1 >se. – An! act of in)ecting% intravenousl! or
intramuscularl!% of consuming% either b! chewing% smoking%
sni'ng% eating% swallowing% drinking or otherwise introducing
into the ph!siological s!stem of the bod!% and of the
dangerous drugs.
A+TC,- >nlawful Acts and :enaltiesSe%&'(n ". %!portation of Dangerous Drugs and&or Controlled
Precursors and 'ssential Che!icals.( .The penalt! of life
imprisonment to death and a ranging from ive hundred
thousand pesos :H00%000.001 to Ten million pesos
:;0%000%000.001 shall be imposed upon an! person% who%
unless authori$ed b! law% shall import or bring into the
:hilippines an! dangerous drug% regardless of the *uantit!
and purit! involved% including an! and all species of opium
popp! or an! part thereof or substances derived therefrom
even for Eoral% decorative and culinar! purposes.
The penalt! of imprisonment ranging from twelve ;21 !ears
and one ;1 da! to twent! 201 !ears and a ne ranging from
ne hundred thousand pesos :;00%000.001 to ive hundred
thousand pesos :H00%000.001 shall be imposed upon an!
person% who% unless authori$ed b! law% shall import an!
controlled precursor and essential chemical.
The ma9imum penalt! provided for under this ection shall be
imposed upon an! person% who% unless authori$ed under this
Act% shall import or bring into the :hilippines an! dangerous
drug andor controlled precursor and essential chemical
-
8/18/2019 REPUBLIC ACT NO 9165.docx
3/19
through the use of a diplomatic passport% diplomatic facilities
or an! other means involving hisher o'cial status intended
to facilitate the unlawful entr! of the same. n addition% the
diplomatic passport shall be conscated and canceled.
The ma9imum penalt! provided for under this ection shall be
imposed upon an! person% who organi$es% manages or acts as
a "nancier" of an! of the illegal activities prescribed in this
ection.
The penalt! of twelve ;21 !ears and one ;1 da! to twent!201 !ears of imprisonment and a ne ranging from ne
hundred thousand pesos :;00%000.001 to ive hundred
thousand pesos :H00%000.001 shall be imposed upon an!
person% who acts as a "protectorcoddler" of an! violator of
the provisions under this ection.
Se%&'(n 5. Sale" Trading" )d!inistration" Dispensation"
Delivery" Distribution and Transportation of Dangerous Drugs
and&or Controlled Precursors and 'ssential Che!icals. # The
penalt! of life imprisonment to death and a ne ranging from
ive hundred thousand pesos :H00%000.001 to Ten million
pesos :;0%000%000.001 shall be imposed upon an! person%
who% unless authori$ed b! law% shall sell% trade% administer%
dispense% deliver% give awa! to another% distribute dispatch in
transit or transport an! dangerous drug% including an! and all
species of opium popp! regardless of the *uantit! and purit!
involved% or shall act as a broker in an! of such transactions.
The penalt! of imprisonment ranging from twelve ;21 !ears
and one ;1 da! to twent! 201 !ears and a ne ranging from
ne hundred thousand pesos :;00%000.001 to ive hundred
thousand pesos :H00%000.001 shall be imposed upon an!
person% who% unless authori$ed b! law% shall sell% trade%
administer% dispense% deliver% give awa! to another% distribute%
dispatch in transit or transport an! controlled precursor and
essential chemical% or shall act as a broker in such
transactions.
f the sale% trading% administration% dispensation% deliver!%
distribution or transportation of an! dangerous drug andor
controlled precursor and essential chemical transpires within
one hundred ;001 meters from the school% the ma9imum
penalt! shall be imposed in ever! case.
or drug pushers who use minors or mentall! incapacitated
individuals as runners% couriers and messengers% or in an!
other capacit! directl! connected to the dangerous drugs
andor controlled precursors and essential chemical trade% the
ma9imum penalt! shall be imposed in ever! case.
f the victim of the o&ense is a minor or a mentall!incapacitated individual% or should a dangerous drug andor a
controlled precursor and essential chemical involved in an!
o&ense herein provided be the pro9imate cause of death of a
victim thereof% the ma9imum penalt! provided for under this
ection shall be imposed.
The ma9imum penalt! provided for under this ection shall be
imposed upon an! person who organi$es% manages or acts as
a "nancier" of an! of the illegal activities prescribed in this
ection.
The penalt! of twelve ;21 !ears and one ;1 da! to twent!
201 !ears of imprisonment and a ne ranging from ne
hundred thousand pesos :;00%000.001 to ive hundred
thousand pesos :H00%000.001 shall be imposed upon an!
person% who acts as a "protectorcoddler" of an! violator of
the provisions under this ection.
Se%&'(n 6. *aintenance of a Den" Dive or Resort . # The
penalt! of life imprisonment to death and a ne ranging from
ive hundred thousand pesos :H00%000.001 to Ten million
pesos :;0%000%000.001 shall be imposed upon an! person or
group of persons who shall maintain a den% dive or resort
where an! dangerous drug is used or sold in an! form.
The penalt! of imprisonment ranging from twelve ;21 !ears
and one ;1 da! to twent! 201 !ears and a ne ranging from
ne hundred thousand pesos :;00%000.001 to ive hundred
thousand pesos :H00%000.001 shall be imposed upon an!
person or group of persons who shall maintain a den% dive% or
resort where an! controlled precursor and essential chemical
is used or sold in an! form.
The ma9imum penalt! provided for under this ection shall be
imposed in ever! case where an! dangerous drug is
administered% delivered or sold to a minor who is allowed touse the same in such a place.
hould an! dangerous drug be the pro9imate cause of the
death of a person using the same in such den% dive or resort%
the penalt! of death and a ne ranging from ne million
:;%000%000.001 to ifteen million pesos :H00%000.001 shall
be imposed on the maintainer% owner andor operator.
f such den% dive or resort is owned b! a third person% the
same shall be conscated and escheated in favor of the
government/ Provided% That the criminal complaint shall
specicall! allege that such place is intentionall! used in the
furtherance of the crime/ Provided" further % That the
prosecution shall prove such intent on the part of the owner to
use the propert! for such purpose/ Provided" nally % That the
owner shall be included as an accused in the criminal
complaint.
The ma9imum penalt! provided for under this ection shall be
imposed upon an! person who organi$es% manages or acts as
a "nancier" of an! of the illegal activities prescribed in this
ection.
The penalt! twelve ;21 !ears and one ;1 da! to twent! 201
!ears of imprisonment and a ne ranging from ne hundred
thousand pesos :;00%000.001 to ive hundred thousand
pesos :H00%000.001 shall be imposed upon an! person% whoacts as a "protectorcoddler" of an! violator of the provisions
under this ection.
Se%&'(n 7. '!ployees and +isitors of a Den" Dive or Resort. #
The penalt! of imprisonment ranging from twelve ;21 !ears
and one ;1 da! to twent! 201 !ears and a ne ranging from
ne hundred thousand pesos :;00%000.001 to ive hundred
thousand pesos :H00%000.001 shall be imposed upon/
a1 An! emplo!ee of a den% dive or resort% who is
aware of the nature of the place as suchG and
b1 An! person who% not being included in the
provisions of the ne9t preceding% paragraph% is aware
of the nature of the place as such and shall
knowingl! visit the same
Se%&'(n *. *anufacture of Dangerous Drugs and&or
Controlled Precursors and 'ssential Che!icals. # The penalt!
of life imprisonment to death and a ne ranging ive hundred
thousand pesos :H00%000.001 to Ten million pesos
:;0%000%000.001 shall be imposed upon an! person% who%
unless authori$ed b! law% shall engage in the manufacture of
an! dangerous drug.
The penalt! of imprisonment ranging from twelve ;21 !ears
and one ;1 da! to twent! 201 !ears and a ne ranging fromne hundred thousand pesos :;00%000.001 to ive hundred
thousand pesos :H00%000.001 shall be imposed upon an!
person% who% unless authori$ed b! law% shall manufacture an!
controlled precursor and essential chemical.
The presence of an! controlled precursor and essential
chemical or laborator! e*uipment in the clandestine
laborator! is a pri!a facie proof of manufacture of an!
dangerous drug. t shall be considered an aggravating
circumstance if the clandestine laborator! is undertaken or
established under the following circumstances/
-
8/18/2019 REPUBLIC ACT NO 9165.docx
4/19
a1 An! phase of the manufacturing process was
conducted in the presence or with the help of
minors/
b1 An! phase or manufacturing process was
established or undertaken within one hundred ;001
meters of a residential% business% church or school
premisesG
c1 An! clandestine laborator! was secured or
protected with boob! trapsG
d1 An! clandestine laborator! was concealed with
legitimate business operationsG or
e1 An! emplo!ment of a practitioner% chemical
engineer% public o'cial or foreigner.
The ma9imum penalt! provided for under this ection shall be
imposed upon an! person% who organi$es% manages or acts as
a "nancier" of an! of the illegal activities prescribed in this
ection.
The penalt! of twelve ;21 !ears and one ;1 da! to twent!201 !ears of imprisonment and a ne ranging from ne
hundred thousand pesos :;00%000.001 to ive hundred
thousand pesos :H00%000.001 shall be imposed upon an!
person% who acts as a "protectorcoddler" of an! violator of
the provisions under this ection.
Se%&'(n 9. %llegal Che!ical Diversion of Controlled Precursors
and 'ssential Che!icals. # The penalt! of imprisonment
ranging from twelve ;21 !ears and one ;1 da! to twent! 201
!ears and a ne ranging from ne hundred thousand pesos
:;00%000.001 to ive hundred thousand pesos :H00%000.001
shall be imposed upon an! person% who% unless authori$ed b!
law% shall illegall! divert an! controlled precursor and
essential chemical.
Se%&'(n 10. *anufacture or Delivery of ',uip!ent"
%nstru!ent" )pparatus" and -ther Paraphernalia for
Dangerous Drugs and&or Controlled Precursors and 'ssential
Che!icals. # The penalt! of imprisonment ranging from twelve
;21 !ears and one ;1 da! to twent! 201 !ears and a ne
ranging from ne hundred thousand pesos :;00%000.001 to
ive hundred thousand pesos :H00%000.001 shall be imposed
upon an! person who shall deliver% possess with intent to
deliver% or manufacture with intent to deliver e*uipment%
instrument% apparatus and other paraphernalia for dangerous
drugs% knowing% or under circumstances where one reasonabl!
should know% that it will be used to plant% propagate% cultivate%
grow% harvest% manufacture% compound% convert% produce%
process% prepare% test% anal!$e% pack% repack% store% contain or
conceal an! dangerous drug andor controlled precursor and
essential chemical in violation of this Act.
The penalt! of imprisonment ranging from si9 @1 months and
one ;1 da! to four 71 !ears and a ne ranging from Ten
thousand pesos :;0%000.001 to ift! thousand pesos
:H0%000.001 shall be imposed if it will be used to in)ect%
ingest% inhale or otherwise introduce into the human bod! a
dangerous drug in violation of this Act.
The ma9imum penalt! provided for under this ection shall be
imposed upon an! person% who uses a minor or a mentall!incapacitated individual to deliver such e*uipment%
instrument% apparatus and other paraphernalia for dangerous
drugs.
Se%&'(n 11. Possession of Dangerous Drugs. # The penalt! oflife imprisonment to death and a ne ranging from ivehundred thousand pesos :H00%000.001 to Ten million pesos:;0%000%000.001 shall be imposed upon an! person% who%unless authori$ed b! law% shall possess an! dangerous drug inthe following *uantities% regardless of the degree of purit!thereof/;1 ;0 grams or more of opiumG
21 ;0 grams or more of morphineG61 ;0 grams or more of heroinG71 ;0 grams or more of cocaine or cocaine h!drochlorideGH1 H0 grams or more of methamphetamine h!drochloride or"shabu"G@1 ;0 grams or more of mari)uana resin or mari)uana resin oilG41 H00 grams or more of mari)uanaG and
=1 ;0 grams or more of other dangerous drugs such
as% but not limited to%
meth!lenedio9!methamphetamine FDA1 or
"ecstas!"% parametho9!amphetamine :FA1%
trimetho9!amphetamine TFA1% l!sergic aciddieth!lamine ,D1% gamma h!dro9!amphetamine
IB31% and those similarl! designed or newl!
introduced drugs and their derivatives% without
having an! therapeutic value or if the *uantit!
possessed is far be!ond therapeutic re*uirements% as
determined and promulgated b! the 3oard in
accordance to ection
-
8/18/2019 REPUBLIC ACT NO 9165.docx
5/19
The possession of such e*uipment% instrument% apparatus and
other paraphernalia t or intended for an! of the purposes
enumerated in the preceding paragraph shall be pri!a
facie evidence that the possessor has smoked% consumed%
administered to himselfherself% in)ected% ingested or used a
dangerous drug and shall be presumed to have violated
ection ;H of this Act.
Se%&'(n 1). Possession of Dangerous Drugs During Parties"
Social atherings or *eetings. – An! person found possessing
an! dangerous drug during a part!% or at a social gathering ormeeting% or in the pro9imate compan! of at least two 21
persons% shall su&er the ma9imum penalties provided for in
ection ;; of this Act% regardless of the *uantit! and purit! of
such dangerous drugs.
Se%&'(n 1". Possession of ',uip!ent" %nstru!ent" )pparatus
and -ther Paraphernalia for Dangerous Drugs During Parties"
Social atherings or *eetings. # The ma9imum penalt!
provided for in ection ;2 of this Act shall be imposed upon
an! person% who shall possess or have under hisher control
an! e*uipment% instrument% apparatus and other
paraphernalia t or intended for smoking% consuming%
administering% in)ecting% ingesting% or introducing an!
dangerous drug into the bod!% during parties% socialgatherings or meetings% or in the pro9imate compan! of at
least two 21 persons.
Se%&'(n 15. /se of Dangerous Drugs. – A person
apprehended or arrested% who is found to be positive for use
of an! dangerous drug% after a conrmator! test% shall be
imposed a penalt! of a minimum of si9 @1 months
rehabilitation in a government center for the rst o&ense%
sub)ect to the provisions of Article 8 of this Act. f
apprehended using an! dangerous drug for the second time%
heshe shall su&er the penalt! of imprisonment ranging from
si9 @1 !ears and one ;1 da! to twelve ;21 !ears and a ne
ranging from ift! thousand pesos :H0%000.001 to Two
hundred thousand pesos :200%000.001/ Provided" That thisection shall not be applicable where the person tested is also
found to have in hisher possession such *uantit! of an!
dangerous drug provided for under ection ;; of this Act% in
which case the provisions stated therein shall appl!.
Se%&'(n 16. Cultivation or Culture of Plants Classied as
Dangerous Drugs or are Sources Thereof. ( The penalt! of life
imprisonment to death and a ne ranging from ive hundred
thousand pesos :H00%000.001 to Ten million pesos
:;0%000%000.001 shall be imposed upon an! person% who
shall plant% cultivate or culture mari)uana% opium popp! or an!
other plant regardless of *uantit!% which is or ma! hereafter
be classied as a dangerous drug or as a source from which
an! dangerous drug ma! be manufactured orderived/ Provided% That in the case of medical laboratories
and medical research centers which cultivate or culture
mari)uana% opium popp! and other plants% or materials of such
dangerous drugs for medical e9periments and research
purposes% or for the creation of new t!pes of medicine% the
3oard shall prescribe the necessar! implementing guidelines
for the proper cultivation% culture% handling% e9perimentation
and disposal of such plants and materials.
The land or portions thereof andor greenhouses on which an!
of said plants is cultivated or cultured shall be conscated and
escheated in favor of the tate% unless the owner thereof can
prove lack of knowledge of such cultivation or culture despite
the e9ercise of due diligence on hisher part. f the land
involved is part of the public domain% the ma9imum penalt!
provided for under this ection shall be imposed upon the
o&ender.
The ma9imum penalt! provided for under this ection shall be
imposed upon an! person% who organi$es% manages or acts as
a "nancier" of an! of the illegal activities prescribed in this
ection.
The penalt! of twelve ;21 !ears and one ;1 da! to twent!
201 !ears of imprisonment and a ne ranging from ne
hundred thousand pesos :;00%000.001 to ive hundred
thousand pesos :H00%000.001 shall be imposed upon an!
person% who acts as a "protectorcoddler" of an! violator of
the provisions under this ection.
Se%&'(n 17. *aintenance and 0eeping of -riginal Records of
Transactions on Dangerous Drugs and&or Controlled
Precursors and 'ssential Che!icals. ( The penalt! of
imprisonment ranging from one ;1 !ear and one ;1 da! tosi9 @1 !ears and a ne ranging from Ten thousand pesos
:;0%000.001 to ift! thousand pesos :H0%000.001 shall be
imposed upon an! practitioner% manufacturer% wholesaler%
importer% distributor% dealer or retailer who violates or fails to
compl! with the maintenance and keeping of the original
records of transactions on an! dangerous drug andor
controlled precursor and essential chemical in accordance
with ection 70 of this Act.
An additional penalt! shall be imposed through the revocation
of the license to practice hisher profession% in case of a
practitioner% or of the business% in case of a manufacturer%
seller% importer% distributor% dealer or retailer.
Se%&'(n 1*. /nnecessary Prescription of Dangerous Drugs. –
The penalt! of imprisonment ranging from twelve ;21 !ears
and one ;1 da! to twent! 201 !ears and a ne ranging from
ne hundred thousand pesos :;00%000.001 to ive hundred
thousand pesos :H00%000.001 and the additional penalt! of
the revocation of hisher license to practice shall be imposed
upon the practitioner% who shall prescribe an! dangerous drug
to an! person whose ph!sical or ph!siological condition does
not re*uire the use or in the dosage prescribed therein% as
determined b! the 3oard in consultation with recogni$ed
competent e9perts who are authori$ed representatives of
professional organi$ations of practitioners% particularl! those
who are involved in the care of persons with severe pain.
Se%&'(n 19. /nla1ful Prescription of Dangerous Drugs. – The
penalt! of life imprisonment to death and a ne ranging from
ive hundred thousand pesos :H00%000.001 to Ten million
pesos :;0%000%000.001 shall be imposed upon an! person%
who% unless authori$ed b! law% shall make or issue a
prescription or an! other writing purporting to be a
prescription for an! dangerous drug.
Se%&'(n 20. Conscation and 2orfeiture of the Proceeds or
%nstru!ents of the /nla1ful )ct" %ncluding the Properties or
Proceeds Derived fro! the %llegal Tra3c4ing of Dangerous
Drugs and&or Precursors and 'ssential Che!icals. – -ver!
penalt! imposed for the unlawful importation% sale% trading%
administration% dispensation% deliver!% distribution%
transportation or manufacture of an! dangerous drug andor
controlled precursor and essential chemical% the cultivation or
culture of plants which are sources of dangerous drugs% and
the possession of an! e*uipment% instrument% apparatus and
other paraphernalia for dangerous drugs including other
laborator! e*uipment% shall carr! with it the conscation and
forfeiture% in favor of the government% of all the proceeds and
properties derived from the unlawful act% including% but not
limited to% mone! and other assets obtained thereb!% and the
instruments or tools with which the particular unlawful act
was committed% unless the! are the propert! of a third person
not liable for the unlawful act% but those which are not of
lawful commerce shall be ordered destro!ed without dela!
pursuant to the provisions of ection 2; of this Act.
After conviction in the +egional Trial Court in the appropriate
criminal case led% the Court shall immediatel! schedule a
hearing for the conscation and forfeiture of all the proceeds
of the o&ense and all the assets and properties of the accused
either owned or held b! him or in the name of some other
persons if the same shall be found to be manifestl! out of
proportion to hisher lawful income/ Provided" ho1ever % That if
the forfeited propert! is a vehicle% the same shall be
auctioned o& not later than ve H1 da!s upon order of
conscation or forfeiture.
-
8/18/2019 REPUBLIC ACT NO 9165.docx
6/19
During the pendenc! of the case in the +egional Trial Court%
no propert!% or income derived therefrom% which ma! be
conscated and forfeited% shall be disposed% alienated or
transferred and the same shall be in custodia legisand no
bond shall be admitted for the release of the same.
The proceeds of an! sale or disposition of an! propert!
conscated or forfeited under this ection shall be used to pa!
all proper e9penses incurred in the proceedings for the
conscation% forfeiture% custod! and maintenance of the
propert! pending disposition% as well as e9penses forpublication and court costs. The proceeds in e9cess of the
above e9penses shall accrue to the 3oard to be used in its
campaign against illegal drugs.
Se%&'(n 21. Custody and Disposition of Conscated" Sei#ed"
and&or Surrendered Dangerous Drugs" Plant Sources of
Dangerous Drugs" Controlled Precursors and 'ssential
Che!icals" %nstru!ents&Paraphernalia and&or aboratory
',uip!ent . – The :D-A shall take charge and have custod! of
all dangerous drugs% plant sources of dangerous drugs%
controlled precursors and essential chemicals% as well as
instrumentsparaphernalia andor laborator! e*uipment so
conscated% sei$ed andor surrendered% for proper disposition
in the following manner/
;1 The apprehending team having initial custod! and
control of the drugs shall% immediatel! after sei$ure
and conscation% ph!sicall! inventor! and
photograph the same in the presence of the accused
or the persons from whom such items were
conscated andor sei$ed% or hisher representative
or counsel% a representative from the media and the
Department of Justice DJ1% and an! elected public
o'cial who shall be re*uired to sign the copies of the
inventor! and be given a cop! thereofG
21 ithin twent!#four 271 hours upon
conscationsei$ure of dangerous drugs% plant
sources of dangerous drugs% controlled precursors
and essential chemicals% as well as
instrumentsparaphernalia andor laborator!
e*uipment% the same shall be submitted to the :D-A
orensic ,aborator! for a *ualitative and *uantitative
e9aminationG
61 A certication of the forensic laborator!
e9amination results% which shall be done under oath
b! the forensic laborator! e9aminer% shall be issued
within twent!#four 271 hours after the receipt of the
sub)ect items/ Provided% That when the volume of
the dangerous drugs% plant sources of dangerous
drugs% and controlled precursors and essential
chemicals does not allow the completion of testing
within the time frame% a partial laborator!
e9amination report shall be provisionall! issued
stating therein the *uantities of dangerous drugs still
to be e9amined b! the forensic laborator!/ Provided"
ho1ever % That a nal certication shall be issued on
the completed forensic laborator! e9amination on
the same within the ne9t twent!#four 271 hoursG
71 After the ling of the criminal case% the Court
shall% within sevent!#two 421 hours% conduct an
ocular inspection of the conscated% sei$ed andor
surrendered dangerous drugs% plant sources of
dangerous drugs% and controlled precursors and
essential chemicals% including the
instrumentsparaphernalia andor laborator!
e*uipment% and through the :D-A shall within
twent!#four 271 hours thereafter proceed with the
destruction or burning of the same% in the presence
of the accused or the persons from whom such
items were conscated andor sei$ed% or hisher
representative or counsel% a representative from the
media and the DJ% civil societ! groups and an!
elected public o'cial. The 3oard shall draw up the
guidelines on the manner of proper disposition and
destruction of such items which shall be borne b!
the o&ender/ Provided% That those items of lawful
commerce% as determined b! the 3oard% shall be
donated% used or rec!cled for legitimate
purposes/ Provided" further % That a representative
sample% dul! weighed and recorded is retainedG
H1 The 3oard shall then issue a sworn certication as
to the fact of destruction or burning of the sub)ect
items which% together with the representative
samples in the custod! of the :D-A% shall besubmitted to the court having )urisdiction over the
case. n all instances% the representative samples
shall be kept to a minimum *uantit! as determined
b! the 3oardG
@1 The alleged o&ender or hisher representative or
counsel shall be allowed to personall! observe all of
the above proceedings and hisher presence shall not
constitute an admission of guilt. n case the said
o&ender or accused refuses or fails to appoint a
representative after due notice in writing to the
accused or hisher counsel within sevent!#two 421
hours before the actual burning or destruction of the
evidence in *uestion% the ecretar! of Justice shallappoint a member of the public attorne!(s o'ce to
represent the formerG
41 After the promulgation and )udgment in the
criminal case wherein the representative samples
was presented as evidence in court% the trial
prosecutor shall inform the 3oard of the nal
termination of the case and% in turn% shall re*uest the
court for leave to turn over the said representative
samples to the :D-A for proper disposition and
destruction within twent!#four 271 hours from
receipt of the sameG and
=1 Transitor! :rovision/ a1 ithin twent!#four 271
hours from the e&ectivit! of this Act% dangerous
drugs dened herein which are presentl! in
possession of law enforcement agencies shall% with
leave of court% be burned or destro!ed% in the
presence of representatives of the Court% DJ%
Department of Bealth DB1 and the accusedand or
hisher counsel% and% b1 :ending the organi$ation of
the :D-A% the custod!% disposition% and burning or
destruction of sei$edsurrendered dangerous drugs
provided under this ection shall be implemented b!
the DB.
Se%&'(n 22. rant of Co!pensation" Re1ard and )1ard. –
The 3oard shall recommend to the concerned government
agenc! the grant of compensation% reward and award to an!
person providing information and to law enforcers
participating in the operation% which results in the successful
conscation% sei$ure or surrender of dangerous drugs% plant
sources of dangerous drugs% and controlled precursors and
essential chemicals.
Se%&'(n 2). Plea(Bargaining Provision. – An! person charged
under an! provision of this Act regardless of the imposable
penalt! shall not be allowed to avail of the provision on plea#
bargaining.
Se%&'(n 2". 5on()pplicability of the Probation a1 for DrugTra3c4ers and Pushers. – An! person convicted for drug
tra'cking or pushing under this Act% regardless of the penalt!
imposed b! the Court% cannot avail of the privilege granted b!
the :robation ,aw or :residential Decree ?o.
-
8/18/2019 REPUBLIC ACT NO 9165.docx
7/19
commission of a crime b! an o&ender% and the application of
the penalt! provided for in the +evised :enal Code shall be
applicable.
Se%&'(n 26. )tte!pt or Conspiracy. – An! attempt or
conspirac! to commit the following unlawful acts shall be
penali$ed b! the same penalt! prescribed for the commission
of the same as provided under this Act/
a1 mportation of an! dangerous drug andor controlled
precursor and essential chemicalGb1 ale% trading% administration% dispensation% deliver!%distribution and transportation of an! dangerous drug andorcontrolled precursor and essential chemicalGc1 Faintenance of a den% dive or resort where an! dangerousdrug is used in an! formGd1 Fanufacture of an! dangerous drug andor controlledprecursor and essential chemicalG ande1 Cultivation or culture of plants which are sources ofdangerous drugs.Se%&'(n 27. Cri!inal iability of a Public -3cer or '!ployee
for *isappropriation" *isapplication or 2ailure to )ccount for
the Conscated" Sei#ed and&or Surrendered Dangerous Drugs"
Plant Sources of Dangerous Drugs" Controlled Precursors and
'ssential Che!icals" %nstru!ents&Paraphernalia and&or
aboratory ',uip!ent %ncluding the Proceeds or Properties
-btained fro! the /nla1ful )ct Co!!itted. – The penalt! of
life imprisonment to death and a ne ranging from ive
hundred thousand pesos :H00%000.001 to Ten million pesos
:;0%000%000.001% in addition to absolute perpetual
dis*ualication from an! public o'ce% shall be imposed upon
an! public o'cer or emplo!ee who misappropriates%
misapplies or fails to account for conscated% sei$ed or
surrendered dangerous drugs% plant sources of dangerous
drugs% controlled precursors and essential chemicals%
instrumentsparaphernalia andor laborator! e*uipment
including the proceeds or properties obtained from the
unlawful acts as provided for in this Act.
An! elective local or national o'cial found to have benetedfrom the proceeds of the tra'cking of dangerous drugs as
prescribed in this Act% or have received an! nancial or
material contributions or donations from natural or )uridical
persons found guilt! of tra'cking dangerous drugs as
prescribed in this Act% shall be removed from o'ce and
perpetuall! dis*ualied from holding an! elective or
appointive positions in the government% its divisions%
subdivisions% and intermediaries% including government#
owned or –controlled corporations.
Se%&'(n 2*. Cri!inal iability of overn!ent -3cials and
'!ployees. – The ma9imum penalties of the unlawful acts
provided for in this Act shall be imposed% in addition to
absolute perpetual dis*ualication from an! public o'ce% if those found guilt! of such unlawful acts are government
o'cials and emplo!ees.
Se%&'(n 29. Cri!inal iability for Planting of 'vidence. – An!
person who is found guilt! of "planting" an! dangerous drug
andor controlled precursor and essential chemical% regardless
of *uantit! and purit!% shall su&er the penalt! of death.
Se%&'(n )0. Cri!inal iability of -3cers of Partnerships"
Corporations" )ssociations or -ther 9uridical 'ntities . – n case
an! violation of this Act is committed b! a partnership%
corporation% association or an! )uridical entit!% the partner%
president% director% manager% trustee% estate administrator% or
o'cer who consents to or knowingl! tolerates such violationshall be held criminall! liable as a co#principal.
The penalt! provided for the o&ense under this Act shall be
imposed upon the partner% president% director% manager%
trustee% estate administrator% or o'cer who knowingl!
authori$es% tolerates or consents to the use of a vehicle%
vessel% aircraft% e*uipment or other facilit!% as an instrument
in the importation% sale% trading% administration% dispensation%
deliver!% distribution% transportation or manufacture of
dangerous drugs% or chemical diversion% if such vehicle%
vessel% aircraft% e*uipment or other instrument is owned b! or
under the control or supervision of the partnership%
corporation% association or )uridical entit! to which the! are
a'liated.
Se%&'(n )1. )dditional Penalty if -7ender is an )lien. – n
addition to the penalties prescribed in the unlawful act
committed% an! alien who violates such provisions of this Act
shall% after service of sentence% be deported immediatel!
without further proceedings% unless the penalt! is death.
Se%&'(n )2. iability to a Person +iolating )ny Regulation%ssued by the Board. – The penalt! of imprisonment ranging
from si9 @1 months and one ;1 da! to four 71 !ears and a
ne ranging from Ten thousand pesos :;0%000.001 to ift!
thousand pesos :H0%000.001 shall be imposed upon an!
person found violating an! regulation dul! issued b! the
3oard pursuant to this Act% in addition to the administrative
sanctions imposed b! the 3oard.
Se%&'(n )). %!!unity fro! Prosecution and Punish!ent . –
?otwithstanding the provisions of ection ;4% +ule ;;< of the
+evised +ules of Criminal :rocedure and the provisions of
+epublic Act ?o. @
-
8/18/2019 REPUBLIC ACT NO 9165.docx
8/19
n case the informant or witness referred to under this Act falls
under the applicabilit! of this ection hereof% such individual
cannot avail of the provisions under Article 8 of this Act.
Se%&'(n )5. )ccessory Penalties. – A person convicted under
this Act shall be dis*ualied to e9ercise hisher civil rights
such as but not limited to% the rights of parental authorit! or
guardianship% either as to the person or propert! of an! ward%
the rights to dispose of such propert! b! an! act or an!
conve!ance inter vivos% and political rights such as but not
limited to% the right to vote and be voted for. uch rights shallalso be suspended during the pendenc! of an appeal from
such conviction.
A+TC,- Dangerous Drugs Test and +ecord +e*uirementsSe%&'(n )6. )uthori#ed Drug Testing. – Authori$ed drug
testing shall be done b! an! government forensic laboratories
or b! an! of the drug testing laboratories accredited and
monitored b! the DB to safeguard the *ualit! of test results.
The DB shall take steps in setting the price of the drug test
with DB accredited drug testing centers to further reduce
the cost of such drug test. The drug testing shall emplo!%
among others% two 21 testing methods% the screening test
which will determine the positive result as well as the t!pe of the drug used and the conrmator! test which will conrm a
positive screening test. Drug test certicates issued b!
accredited drug testing centers shall be valid for a one#!ear
period from the date of issue which ma! be used for other
purposes. The following shall be sub)ected to undergo drug
testing/
a1 Applicants for driver(s license. – ?o driver(s license shall beissued or renewed to an! person unless heshe presents acertication that heshe has undergone a mandator! drug testand indicating thereon that heshe is free from the use ofdangerous drugsGb1 Applicants for rearm(s license and for permit to carr!rearms outside of residence. – All applicants for rearm(s
license and permit to carr! rearms outside of residence shallundergo a mandator! drug test to ensure that the! are freefrom the use of dangerous drugs/ Provided% That all personswho b! the nature of their profession carr! rearms shallundergo drug testingGc1 tudents of secondar! and tertiar! schools. – tudents ofsecondar! and tertiar! schools shall% pursuant to the relatedrules and regulations as contained in the school(s studenthandbook and with notice to the parents% undergo a randomdrug testing/ Provided% That all drug testing e9penses whetherin public or private schools under this ection will be borne b!the governmentGd1 'cers and emplo!ees of public and private o'ces. –'cers and emplo!ees of public and private o'ces% whetherdomestic or overseas% shall be sub)ected to undergo a randomdrug test as contained in the compan!(s work rules andregulations% which shall be borne b! the emplo!er% forpurposes of reducing the risk in the workplace. An! o'cer oremplo!ee found positive for use of dangerous drugs shall bedealt with administrativel! which shall be a ground forsuspension or termination% sub)ect to the provisions of Article2=2 of the ,abor Code and pertinent provisions of the Civilervice ,awGe1 'cers and members of the militar!% police and other lawenforcement agencies. – 'cers and members of the militar!%police and other law enforcement agencies shall undergo anannual mandator! drug testGf1 All persons charged before the prosecutor(s o'ce with acriminal o&ense having an imposable penalt! of imprisonmentof not less than si9 @1 !ears and one ;1 da! shall have toundergo a mandator! drug testG andg1 All candidates for public o'ce whether appointed orelected both in the national or local government shall undergo
a mandator! drug test.n addition to the above stated penalties in this ection% thosefound to be positive for dangerous drugs use shall be sub)ectto the provisions of ection ;H of this Act.Se%&'(n )7. %ssuance of 2alse or 2raudulent Drug Test
Results. – An! person authori$ed% licensed or accredited under
this Act and its implementing rules to conduct drug
e9amination or test% who issues false or fraudulent drug test
results knowingl!% willfull! or through gross negligence% shall
su&er the penalt! of imprisonment ranging from si9 @1 !ears
and one ;1 da! to twelve ;21 !ears and a ne ranging from
ne hundred thousand pesos :;00%000.001 to ive hundred
thousand pesos :H00%000.001.
An additional penalt! shall be imposed through the revocation
of the license to practice hisher profession in case of a
practitioner% and the closure of the drug testing center.
Se%&'(n )*. aboratory ':a!ination or Test on
)pprehended&)rrested -7enders. – ub)ect to ection ;H of
this Act% an! person apprehended or arrested for violating the
provisions of this Act shall be sub)ected to screening
laborator! e9amination or test within twent!#four 271 hours%
if the apprehending or arresting o'cer has reasonable ground
to believe that the person apprehended or arrested% onaccount of ph!sical signs or s!mptoms or other visible or
outward manifestation% is under the inEuence of dangerous
drugs. f found to be positive% the results of the screening
laborator! e9amination or test shall be challenged within
fteen ;H1 da!s after receipt of the result through a
conrmator! test conducted in an! accredited anal!tical
laborator! e*uipment with a gas chromatographmass
spectrometr! e*uipment or some such modern and accepted
method% if conrmed the same shall be pri!a facie evidence
that such person has used dangerous drugs% which is without
pre)udice for the prosecution for other violations of the
provisions of this Act/ Provided% That a positive screening
laborator! test must be conrmed for it to be valid in a court
of law.
Se%&'(n )9. )ccreditation of Drug Testing Centers and
Physicians. – The DB shall be tasked to license and accredit
drug testing centers in each province and cit! in order to
assure their capacit!% competence% integrit! and stabilit! to
conduct the laborator! e9aminations and tests provided in
this Article% and appoint such technical and other personnel as
ma! be necessar! for the e&ective implementation of this
provision. The DB shall also accredit ph!sicians who shall
conduct the drug dependenc! e9amination of a drug
dependent as well as the after#care and follow#up program for
the said drug dependent. There shall be a control regulations%
licensing and accreditation division under the supervision of
the DB for this purpose.
or this purpose% the DB shall establish% operate and
maintain drug testing centers in government hospitals% which
must be provided at least with basic technologicall! advanced
e*uipment and materials% in order to conduct the laborator!
e9amination and tests herein provided% and appoint such
*ualied and dul! trained technical and other personnel as
ma! be necessar! for the e&ective implementation of this
provision.
Se%&'(n "0. Records Re,uired for Transactions on Dangerous
Drug and Precursors and 'ssential Che!icals. –
a1 -ver! pharmacist dealing in dangerous drugs
andor controlled precursors and essential chemicals
shall maintain and keep an original record of sales%
purchases% ac*uisitions and deliveries of dangerous
drugs% indicating therein the following information/
;1 ,icense number and address of the pharmacistG21 ?ame% address and license of the manufacturer% importeror wholesaler from whom the dangerous drugs have beenpurchasedG61 Kuantit! and name of the dangerous drugs purchased orac*uiredG71 Date of ac*uisition or purchaseGH1 ?ame% address and communit! ta9 certicate number ofthe bu!erG@1 erial number of the prescription and the name of theph!sician% dentist% veterinarian or practitioner issuing thesameG41 Kuantit! and name of the dangerous drugs sold ordeliveredG and=1 Date of sale or deliver!.
A certied true cop! of such record covering a period
of si9 @1 months% dul! signed b! the pharmacist or
the owner of the drugstore% pharmac! or chemical
establishment% shall be forwarded to the 3oard within
fteen ;H1 da!s following the last da! of June and
December of each !ear% with a cop! thereof
-
8/18/2019 REPUBLIC ACT NO 9165.docx
9/19
furnished the cit! or municipal health o'cer
concerned.
b1 A ph!sician% dentist% veterinarian or practitioner
authori$ed to prescribe an! dangerous drug shall
issue the prescription therefor in one ;1 original and
two 21 duplicate copies. The original% after the
prescription has been lled% shall be retained b! the
pharmacist for a period of one ;1 !ear from the date
of sale or deliver! of such drug. ne ;1 cop! shall be
retained b! the bu!er or b! the person to whom thedrug is delivered until such drug is consumed% while
the second cop! shall be retained b! the person
issuing the prescription.
or purposes of this Act% all prescriptions issued b!
ph!sicians% dentists% veterinarians or practitioners
shall be written on forms e9clusivel! issued b! and
obtainable from the DB. uch forms shall be made
of a special kind of paper and shall be distributed in
such *uantities and contain such information and
other data as the DB ma!% b! rules and regulations%
re*uire. uch forms shall onl! be issued b! the DB
through its authori$ed emplo!ees to licensed
ph!sicians% dentists% veterinarians and practitionersin such *uantities as the 3oard ma! authori$e. n
emergenc! cases% however% as the 3oard ma!
specif! in the public interest% a prescription need not
be accomplished on such forms. The prescribing
ph!sician% dentist% veterinarian or practitioner shall%
within three 61 da!s after issuing such prescription%
inform the DB of the same in writing. ?o
prescription once served b! the drugstore or
pharmac! be reused nor an! prescription once issued
be relled.
c1 All manufacturers% wholesalers% distributors%
importers% dealers and retailers of dangerous drugs
andor controlled precursors and essential chemicalsshall keep a record of all inventories% sales%
purchases% ac*uisitions and deliveries of the same as
well as the names% addresses and licenses of the
persons from whom such items were purchased or
ac*uired or to whom such items were sold or
delivered% the name and *uantit! of the same and
the date of the transactions. uch records ma! be
sub)ected an!time for review b! the 3oard.
A+TC,- 8:articipation of the amil!% tudents% Teachers and choolAuthorities in the -nforcement of this ActSe%&'(n "1. %nvolve!ent of the 2a!ily . – The famil! being
the basic unit of the ilipino societ! shall be primaril!responsible for the education and awareness of the members
of the famil! on the ill e&ects of dangerous drugs and close
monitoring of famil! members who ma! be susceptible to
drug abuse.
Se%&'(n "2. Student Councils and Ca!pus -rgani#ations. –
All elementar!% secondar! and tertiar! schools( student
councils and campus organi$ations shall include in their
activities a program for the prevention of and deterrence in
the use of dangerous drugs% and referral for treatment and
rehabilitation of students for drug dependence.
Se%&'(n "). School Curricula. – nstruction on drug abuse
prevention and control shall be integrated in the elementar!%secondar! and tertiar! curricula of all public and private
schools% whether general% technical% vocational or agro#
industrial as well as in non#formal% informal and indigenous
learning s!stems. uch instructions shall include/
;1 Adverse e&ects of the abuse and misuse of
dangerous drugs on the person% the famil!% the
school and the communit!G
21 :reventive measures against drug abuseG
61 Bealth% socio#cultural% ps!chological% legal and
economic dimensions and implications of the drug
problemG
71 teps to take when intervention on behalf of a
drug dependent is needed% as well as the services
available for the treatment and rehabilitation of drug
dependentsG and
H1 Fisconceptions about the use of dangerous drugs
such as% but not limited to% the importance andsafet! of dangerous drugs for medical and
therapeutic use as well as the di&erentiation
between medical patients and drug dependents in
order to avoid confusion and accidental
stigmati$ation in the consciousness of the students.
Se%&'(n "". Heads" Supervisors" and Teachers of Schools. –
or the purpose of enforcing the provisions of Article of this
Act% all school heads% supervisors and teachers shall be
deemed persons in authorit! and% as such% are hereb!
empowered to apprehend% arrest or cause the apprehension
or arrest of an! person who shall violate an! of the said
provisions% pursuant to ection H% +ule ;;6 of the +ules of
Court. The! shall be deemed persons in authorit! if the! are in
the school or within its immediate vicinit!% or even be!ond
such immediate vicinit! if the! are in attendance at an!
school or class function in their o'cial capacit! as school
heads% supervisors% and teachers.
An! teacher or school emplo!ee% who discovers or nds that
an! person in the school or within its immediate vicinit! is
liable for violating an! of said provisions% shall have the dut!
to report the same to the school head or immediate superior
who shall% in turn% report the matter to the proper authorities.
ailure to do so in either case% within a reasonable period from
the time of discover! of the violation shall% after due hearing%constitute su'cient cause for disciplinar! action b! the school
authorities.
Se%&'(n "5. Publication and Distribution of *aterials on
Dangerous Drugs. – ith the assistance of the 3oard% the
ecretar! of the Department of -ducation Dep-d1% the
Chairman of the Commission on Bigher -ducation CB-D1 and
the Director#Ieneral of the Technical -ducation and kills
Development Authorit! T-DA1 shall cause the development%
publication and distribution of information and support
educational materials on dangerous drugs to the students% the
facult!% the parents% and the communit!.
Se%&'(n "6. Special Drug 'ducation Center . – ith theassistance of the 3oard% the Department of the nterior and
,ocal Iovernment D,I1% the ?ational Louth Commission
?LC1% and the Department of ocial elfare and
Development DD1 shall establish in each of its provincial
o'ce a special education drug center for out#of#school !outh
and street children. uch Center which shall be headed b! the
:rovincial ocial. elfare Development 'cer shall sponsor
drug prevention programs and activities and information
campaigns with the end in view of educating the out#of#school
!outh and street children regarding the pernicious e&ects of
drug abuse. The programs initiated b! the Center shall
likewise be adopted in all public and private orphanage and
e9isting special centers for street children.
A+TC,- 8:romotion of a ?ational Drug#ree orkplace :rogram iththe :articipation of :rivate and ,abor ectors and theDepartment of ,abor and -mplo!mentSe%&'(n "7. Drug(2ree ;or4place. – t is deemed a polic! of
the tate to promote drug#free workplaces using a tripartite
approach. ith the assistance of the 3oard% the Department
of ,abor and -mplo!ment D,-1 shall develop% promote and
implement a national drug abuse prevention program in the
workplace to be adopted b! private companies with ten ;01
or more emplo!ees. uch program shall include the
mandator! drafting and adoption of compan! policies against
-
8/18/2019 REPUBLIC ACT NO 9165.docx
10/19
drug use in the workplace in close consultation and
coordination with the D,-% labor and emplo!er
organi$ations% human resource development managers and
other such private sector organi$ations.
Se%&'(n "*. uidelines for the 5ational Drug(2ree ;or4place
Progra!. – The 3oard and the D,- shall formulate the
necessar! guidelines for the implementation of the national
drug#free workplace program. The amount necessar! for the
implementation of which shall be included in the annual
Ieneral Appropriations Act.
A+TC,- 8:articipation of the :rivate and ,abor ectors in the-nforcement of this ActSe%&'(n "9. abor -rgani#ations and the Private Sector . – All
labor unions% federations% associations% or organi$ations in
cooperation with the respective private sector partners shall
include in their collective bargaining or an! similar
agreements% )oint continuing programs and information
campaigns for the laborers similar to the programs provided
under ection 74 of this Act with the end in view of achieving
a drug free workplace.
Se%&'(n 50. overn!ent )ssistance. – The labor sector andthe respective partners ma!% in pursuit of the programs
mentioned in the preceding ection% secure the technical
assistance% such as but not limited to% seminars and
information dissemination campaigns of the appropriate
government and law enforcement agencies.
A+TC,- 8:articipation of ,ocal Iovernment >nitsSe%&'(n 51. ocal overn!ent /nits< )ssistance. – ,ocal
government units shall appropriate a substantial portion of
their respective annual budgets to assist in or enhance the
enforcement of this Act giving priorit! to preventive or
educational programs and the rehabilitation or treatment of
drug dependents.
Se%&'(n 52. )bate!ent of Drug Related Public 5uisances. –
An! place or premises which have been used on two or more
occasions as the site of the unlawful sale or deliver! of
dangerous drugs ma! be declared to be a public nuisance%
and such nuisance ma! be abated% pursuant to the following
procedures/
;1 An! cit! or municipalit! ma!% b! ordinance%
create an administrative board to hear complaints
regarding the nuisancesG
21 an! emplo!ee% o'cer% or resident of the cit! or
municipalit! ma! bring a complaint before the 3oard
after giving not less than three 61 da!s written
notice of such complaint to the owner of the place or
premises at hisher last known addressG and
61 After hearing in which the 3oard ma! consider
an! evidence% including evidence of the general
reputation of the place or premises% and at which the
owner of the premises shall have an opportunit! to
present evidence in hisher defense% the 3oard ma!
declare the place or premises to be a public
nuisance.
Se%&'(n 5). '7ect of Board Declaration. – f the 3oarddeclares a place or premises to be a public nuisance% it ma!
declare an order immediatel! prohibiting the conduct%
operation% or maintenance of an! business or activit! on the
premises which is conducive to such nuisance.
An order entered under this ection shall e9pire after one ;1
!ear or at such earlier time as stated in the order. The 3oard
ma! bring a complaint seeking a permanent in)unction against
an! nuisance described under this ection.
This Article does not restrict the right of an! person to
proceed under the Civil Code against an! public nuisance.
A+TC,- 8:rogram for Treatment and +ehabilitation of Drug DependentsSe%&'(n 5". +oluntary Sub!ission of a Drug Dependent to
Conne!ent" Treat!ent and Rehabilitation. – A drug
dependent or an! person who violates ection ;H of this Act
ma!% b! himselfherself or through hisher parent% spouse%
guardian or relative within the fourth degree of consanguinit!
or a'nit!% appl! to the 3oard or its dul! recogni$edrepresentative% for treatment and rehabilitation of the drug
dependenc!. >pon such application% the 3oard shall bring
forth the matter to the Court which shall order that the
applicant be e9amined for drug dependenc!. f the
e9amination b! a DB#accredited ph!sician results in the
issuance of a certication that the applicant is a drug
dependent% heshe shall be ordered b! the Court to undergo
treatment and rehabilitation in a Center designated b! the
3oard for a period of not less than si9 @1 months/ Provided%
That a drug dependent ma! be placed under the care of a
DB#accredited ph!sician where there is no Center near or
accessible to the residence of the drug dependent or where
said drug dependent is below eighteen ;=1 !ears of age and
is a rst#time o&ender and non#connement in a Center will
not pose a serious danger to hisher famil! or the communit!.
Connement in a Center for treatment and rehabilitation shall
not e9ceed one ;1 !ear% after which time the Court% as well as
the 3oard% shall be apprised b! the head of the treatment and
rehabilitation center of the status of said drug dependent and
determine whether further connement will be for the welfare
of the drug dependent and hisher famil! or the communit!.
Se%&'(n 55. ':e!ption fro! the Cri!inal iability /nder the
+oluntary Sub!ission Progra!. A drug dependent under the
voluntar! submission program% who is nall! discharged from
connement% shall be e9empt from the criminal liabilit! under
ection ;H of this act sub)ect to the following conditions/
;1 Beshe has complied with the rules and regulations of thecenter% the applicable rules and regulations of the 3oard%including the after#care and follow#up program for at leasteighteen ;=1 months following temporar! discharge fromconnement in the Center or% in the case of a dependentplaced under the care of the DB#accredited ph!sician% theafter#care program and follow#up schedule formulated b! theDD and approved b! the 3oard/ Provided% That capabilit!#building of local government social workers shall beundertaken b! the DDG21 Beshe has never been charged or convicted of an!o&ense punishable under this Act% the Dangerous Drugs Act of ;pon certication of the Center that the drug
dependent within the voluntar! submission program ma! be
temporaril! released% the Court shall order hisher release on
condition that said drug dependent shall report to the DB for
after#care and follow#up treatment% including urine testing% for
a period not e9ceeding eighteen ;=1 months under suchterms and conditions that the Court ma! impose.
f during the period of after#care and follow#up% the drug
dependent is certied to be rehabilitated% heshe ma! be
discharged b! the Court% sub)ect to the provisions of ection
HH of this Act% without pre)udice to the outcome of an!
pending case led in court.
Bowever% should the DB nd that during the initial after#care
and follow#up program of eighteen ;=1 months% the drug
dependent re*uires further treatment and rehabilitation in the
-
8/18/2019 REPUBLIC ACT NO 9165.docx
11/19
Center% heshe shall be recommitted to the Center for
connement. Thereafter% heshe ma! again be certied for
temporar! release and ordered released for another after#care
and follow#up program pursuant to this ection.
Se%&'(n 57. Probation and Co!!unity Service /nder the
+oluntary Sub!ission Progra!. – A drug dependent who is
discharged as rehabilitated b! the DB#accredited Center
through the voluntar! submission program% but does not
*ualif! for e9emption from criminal liabilit! under ection HH
of this Act% ma! be charged under the provisions of this Act%but shall be placed on probation and undergo a communit!
service in lieu of imprisonment andor ne in the discretion of
the court% without pre)udice to the outcome of an! pending
case led in court.
uch drug dependent shall undergo communit! service as
part of hisher after#care and follow#up program% which ma!
be done in coordination with nongovernmental civil
organi$ations accredited b! the DD% with the
recommendation of the 3oard.
Se%&'(n 5*. 2iling of Charges )gainst a Drug Dependent ;ho
is 5ot Rehabilitated /nder the +oluntary Sub!ission Progra!.
– A drug dependent% who is not rehabilitated after the second
commitment to the Center under the voluntar! submission
program% shall% upon recommendation of the 3oard% be
charged for violation of ection ;H of this Act and prosecuted
like an! other o&ender. f convicted% heshe shall be credited
for the period of connement and rehabilitation in the Center
in the service of hisher sentence.
Se%&'(n 59. 'scape and Reco!!it!ent for Conne!ent and
Rehabilitation /nder the +oluntary Sub!ission Progra!. –
hould a drug dependent under the voluntar! submission
program escape from the Center% heshe ma! submit
himselfherself for recommitment within one ;1 week
therefrom% or hisher parent% spouse% guardian or relative
within the fourth degree of consanguinit! or a'nit! ma!%
within said period% surrender him for recommitment% in which
case the corresponding order shall be issued b! the 3oard.
hould the escapee fail to submit himselfherself or be
surrendered after one ;1 week% the 3oard shall appl! to the
court for a recommitment order upon proof of previous
commitment or hisher voluntar! submission b! the 3oard%
the court ma! issue an order for recommitment within one ;1
week.
f% subse*uent to a recommitment% the dependent once again
escapes from connement% heshe shall be charged for
violation of ection ;H of this Act and he sub)ected undersection @; of this Act% either upon order of the 3oard or upon
order of the court% as the case ma! be.
Se%&'(n 60. Condentiality of Records /nder the +oluntary
Sub!ission Progra!. – Judicial and medical records of drug
dependents under the voluntar! submission program shall be
condential and shall not be used against him for an!
purpose% e9cept to determine how man! times% b!
himselfherself or through hisher parent% spouse% guardian or
relative within the fourth degree of consanguinit! or a'nit!%
heshe voluntaril! submitted himselfherself for connement%
treatment and rehabilitation or has been committed to a
Center under this program.
Se%&'(n 61. Co!pulsory Conne!ent of a Drug Dependent
;ho Refuses to )pply /nder the +oluntary Sub!ission
Progra!. – ?otwithstanding an! law% rule and regulation to
the contrar!% an! person determined and found to be
dependent on dangerous drugs shall% upon petition b! the
3oard or an! of its authori$ed representative% be conned for
treatment and rehabilitation in an! Center dul! designated or
accredited for the purpose.
A petition for the connement of a person alleged to be
dependent on dangerous drugs to a Center ma! be led b!
an! person authori$ed b! the 3oard with the +egional Trial
Court of the province or cit! where such person is found.
After the petition is led% the court% b! an order% shall
immediatel! 9 a date for the hearing% and a cop! of such
order shall be served on the person alleged to be dependent
on dangerous drugs% and to the one having charge of him.
f after such hearing and the facts so warrant% the court shall
order the drug dependent to be e9amined b! two 21
ph!sicians accredited b! the 3oard. f both ph!siciansconclude that the respondent is not a drug dependent% the
court shall order hisher discharge. f either ph!sician nds
him to be a dependent% the court shall conduct a hearing and
consider all relevant evidence which ma! be o&ered. f the
court nds him a drug dependent% it shall issue an order for
hisher commitment to a treatment and rehabilitation center
under the supervision of the DB. n an! event% the order of
discharge or order of connement or commitment shall be
issued not later than fteen ;H1 da!s from the ling of the
appropriate petition.
Se%&'(n 62. Co!pulsory Sub!ission of a Drug Dependent
Charged 1ith an -7ense to Treat!ent and Rehabilitation. – f
a person charged with an o&ense where the imposable
penalt! is imprisonment of less than si9 @1 !ears and one ;1
da!% and is found b! the prosecutor or b! the court% at an!
stage of the proceedings% to be a drug dependent% the
prosecutor or the court as the case ma! be% shall suspend all
further proceedings and transmit copies of the record of the
case to the 3oard.
n the event he 3oard determines% after medical e9amination%
that public interest re*uires that such drug dependent be
committed to a center for treatment and rehabilitation% it shall
le a petition for hisher commitment with the regional trial
court of the province or cit! where heshe is being
investigated or tried/ Provided% That where a criminal case is
pending in court% such petition shall be led in the said court.
The court shall take )udicial notice of the prior proceedings in
the case and shall proceed to hear the petition. f the court
nds him to be a drug dependent% it shall order hisher
commitment to a Center for treatment and rehabilitation. The
head of said Center shall submit to the court ever! four 71
months% or as often as the court ma! re*uire% a written report
on the progress of the treatment. f the dependent is
rehabilitated% as certied b! the center and the 3oard% heshe
shall be returned to the court% which committed him% for
hisher discharge therefrom.
Thereafter% hisher prosecution for an! o&ense punishable b!
law shall be instituted or shall continue% as the case ma! be.
n case of conviction% the )udgment shall% if the accused is
certied b! the treatment and rehabilitation center to have
maintained good behavior% indicate that heshe shall be given
full credit for the period heshe was conned in the
Center/ Provided" ho1ever % That when the o&ense is for
violation of ection ;H of this Act and the accused is not a
recidivist% the penalt! thereof shall be deemed to have been
served in the Center upon hisher release therefrom after
certication b! the Center and the 3oard that heshe is
rehabilitated.
Se%&'(n 6). Prescription of the -7ense Charged )gainst a
Drug Dependent /nder the Co!pulsory Sub!ission Progra!.
– The period of prescription of the o&ense charged against a
drug dependent under the compulsor! submission program
shall not run during the time that the drug dependent is under
connement in a Center or otherwise under the treatment and
rehabilitation program approved b! the 3oard.
>pon certication of the Center that heshe ma! temporaril!
be discharged from the said Center% the court shall order
hisher release on condition that heshe shall report to the
3oard through the DB for after#care and follow#up treatment
for a period not e9ceeding eighteen ;=1 months under such
terms and conditions as ma! be imposed b! the 3oard.
-
8/18/2019 REPUBLIC ACT NO 9165.docx
12/19
f at an!time during the after#care and follow#up period% the
3oard certies to hisher complete rehabilitation% the court
shall order hisher nal discharge from connement and order
for the immediate resumption of the trial of the case for which
heshe is originall! charged. hould the 3oard through the
DB nd at an!time during the after#care and follow#up
period that heshe re*uires further treatment and
rehabilitation% it shall report to the court% which shall order
hisher recommitment to the Center.
hould the drug dependent% having been committed to aCenter upon petition b! the 3oard escape therefrom% heshe
ma! resubmit himselfherself for connement within one ;1
week from the date of hisher escapeG or hisher parent%
spouse% guardian or relative within the fourth degree of
consanguinit! or a'nit! ma!% within the same period%
surrender him for recommitment. f% however% the drug
dependent does not resubmit himselfherself for connement
or heshe is not surrendered for recommitment% the 3oard
ma! appl! with the court for the issuance of the
recommitment order. >pon proof of previous commitment% the
court shall issue an order for recommitment. f% subse*uent to
such recommitment% heshe should escape again% heshe shall
no longer be e9empt from criminal liabilit! for use of an!
dangerous drug.
A drug dependent committed under this particular ection
who is nall! discharged from connement shall be e9empt
from criminal liabilit! under ection ;H of this Act% without
pre)udice to the outcome of an! pending case led in court.
n the other hand% a drug dependent who is not rehabilitated
after a second commitment to the Center shall% upon
conviction b! the appropriate court% su&er the same penalties
provided for under ection ;H of this Act again without
pre)udice to the outcome of an! pending case led in court.
Se%&'(n 6". Condentiality of Records /nder the Co!pulsory
Sub!ission Progra!. – The records of a drug dependent who
was rehabilitated and discharged from the Center under thecompulsor! submission program% or who was charged for
violation of ection ;H of this Act% shall be covered b! ection
@0 of this Act. Bowever% the records of a drug dependent who
was not rehabilitated% or who escaped but did not surrender
himselfherself within the prescribed period% shall be
forwarded to the court and their use shall be determined b!
the court% taking into consideration public interest and the
welfare of the drug dependent.
Se%&'(n 65. Duty of the Prosecutor in the Proceedings. – t
shall be the dut! of the provincial or the cit! prosecutor or
their assistants or state prosecutors to prepare the
appropriate petition in all proceedings arising from this Act.
Se%&'(n 66. Suspension of Sentence of a 2irst(Ti!e *inor
-7ender . – An accused who is over fteen ;H1 !ears of age at
the time of the commission of the o&ense mentioned in
ection ;; of this Act% but not more than eighteen ;=1 !ears
of age at the time when )udgment should have been
promulgated after having been found guilt! of said o&ense%
ma! be given the benets of a suspended sentence% sub)ect
to the following conditions/
a1 Beshe has not been previousl! convicted of violating an!provision of this Act% or of the Dangerous Drugs Act of ;pon recommendation of the 3oard% the court ma! commit
the accused under suspended sentence to a Center% or to the
care of a DB#accredited ph!sician for at least si9 @1 months%
with after#care and follow#up program for not more than
eighteen ;=1 months.
n the case of minors under fteen ;H1 !ears of age at the
time of the commission of an! o&ense penali$ed under this
Act% Article ;
-
8/18/2019 REPUBLIC ACT NO 9165.docx
13/19
f the sentence promulgated b! the court re*uires
imprisonment% the period spent in the Center b! the accused
during the suspended sentence period shall be deducted from
the sentence to be served.
Se%&'(n 71. Records to be 4ept by the Depart!ent of 9ustice.
– The DJ shall keep a condential record of the proceedings
on suspension of sentence and shall not be used for an!
purpose other than to determine whether or not a person
accused under this Act is a rst#time minor o&ender.
Se%&'(n 72. iability of a Person ;ho +iolates the
Condentiality of Records. – The penalt! of imprisonment
ranging from si9 @1 months and one ;1 da! to si9 @1 !ears
and a ne ranging from ne thousand pesos :;%000.001 to
i9 thousand pesos :@%000.001% shall be imposed upon an!
person who% having o'cial custod! of or access to the
condential records of an! drug dependent under voluntar!
submission programs% or an!one who% having gained
possession of said records% whether lawfull! or not% reveals
their content to an! person other than those charged with the
prosecution of the o&enses under this Act and its
implementation. The ma9imum penalt! shall be imposed% in
addition to absolute perpetual dis*ualication from an! public
o'ce% when the o&ender is a government o'cial oremplo!ee. hould the records be used for unlawful purposes%
such as blackmail of the drug dependent or the members of
hisher famil!% the penalt! imposed for the crime of violation
of condentialit! shall be in addition to whatever crime heshe
ma! be convicted of.
Se%&'(n 7). iability of a Parent" Spouse or uardian ;ho
Refuses to Cooperate 1ith the Board or any Concerned
)gency. – An! parent% spouse or guardian who% without valid
reason% refuses to cooperate with the 3oard or an! concerned
agenc! in the treatment and rehabilitation of a drug
dependent who is a minor% or in an! manner% prevents or
dela!s the after#care% follow#up or other programs for the
welfare of the accused drug dependent% whether undervoluntar! submission program or compulsor! submission
program% ma! be cited for contempt b! the court.
Se%&'(n 7". Cost(Sharing in the Treat!ent and Rehabilitation
of a Drug Dependent. – The parent% spouse% guardian or an!
relative within the fourth degree of consanguinit! of an!
person who is conned under the voluntar! submission
program or compulsor! submission program shall be charged
a certain percentage of the cost of hisher treatment and
rehabilitation% the guidelines of which shall be formulated b!
the DD taking into consideration the economic status of
the famil! of the person conned. The guidelines therein
formulated shall be implemented b! a social worker of the
local government unit.
Se%&'(n 75. Treat!ent and Rehabilitation Centers. – The
e9isting treatment and rehabilitation centers for drug
dependents operated and maintained b! the ?3 and the :?:
shall be operated% maintained and managed b! the DB in
coordination with other concerned agencies. or the purpose
of enlarging the network of centers% the 3oard through the
DB shall encourage% promote or whenever feasible% assist or
support in the establishment% operations and maintenance of
private centers which shall be eligible to receive grants%
donations or subsid! from either government or private
sources. t shall also support the establishment of
government#operated regional treatment and rehabilitation
centers depending upon the availabilit! of funds. The national
government% through its appropriate agencies shall give
priorit! funding for the increase of subsid! to e9isting
government drug rehabilitation centers% and shall establish at
least one ;1 drug rehabilitation center in each province%
depending on the availabilit! of funds.
Se%&'(n 76. The Duties and +esponsibilities of theDepartment of health DB1 >nder this Act. – The DB shall/;1 versee the monitor the integration% coordination andsupervision of all drug rehabilitation% intervention% after#careand follow#up programs% pro)ects and activities as well as the
establishment% operations% maintenance and management ofprivatel!#owned drug treatment rehabilitation centers anddrug testing networks and laboratories throughout the countr!in coordination with the DD and other agenciesG21 ,icense% accredit% establish and maintain drug test networkand laborator!% initiate% conduct and support scienticresearch on drugs and drug controlG61 -ncourage% assist and accredit private centers% promulgaterules and regulations setting minimum standards for theiraccreditation to assure their competence% integrit! andstabilit!G71 :rescribe and promulgate rules and regulations governing
the establishment of such Centers as it ma! deem necessar!after conducting a feasibilit! stud! thereofGH1 The DB shall% without pre)udice to the criminalprosecution of those found guilt! of violating this Act% orderthe closure of a Center for treatment and rehabilitation ofdrug dependenc! when% after investigation it is found guilt! of violating the provisions of this Act or regulations issued b! the3oardG and@1 Charge reasonable fees for drug dependenc!e9aminations% other medical and legal services provided tothe public% which shall accrue to the 3oard. All income derivedfrom these sources shall be part of the funds constit