Dangerous Drugs Act
of 2002 R.A. 9165
In Partial Fulfillment of Requirements
Health Care: Philippine Setting
Preventive Medicine III
Department of Preventive, Family
and Community Medicine
Faculty of Medicine and Surgery
University of Santo Tomas
Group Leader: Mar Epetia
Secretary: Kristy Evangelista
Members: Epetia-Garan
Alejandro V. Pineda, Jr., MD and Rafael P. Bantayan, Jr., MD
Article I-III
ARTICLE I
Definition of terms
ARTICLE II
Unlawful Acts and Penalties
 Unlawful Acts
 Importation of any dangerous drug and/or controlled
precursor and essential chemical
 Sale, trading, administration, dispensation, delivery,
distribution and transportation of any dangerous drug and/or
controlled precursor and essential chemical;
ARTICLE II
Unlawful Acts and Penalties
 Unlawful Acts
 Maintenance of a den, dive or resort where any dangerous
drug is used in any form
 Manufacture of any dangerous drug and/or controlled
precursor and essential chemical
 Cultivation or culture of plants which are sources of
dangerous drugs.
ARTICLE II
Unlawful Acts and Penalties
 Criminal Liabilities
 Public Officer or Employee for misappropriation,
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misapplication or failure to account for the confiscated
dangerous drugs
Government Officials and Employees
Planting of evidence
Officers of partnerships, corporations, associations or other
juridical entities
Person Violating Any Regulation Issued by the Board
ARTICLE II
Unlawful Acts and Penalties
 Immunity from Prosecution and Punishment
o Person who:
 voluntarily gives information about any violation (of Sections 4,
5, 6, 8, 10, 13, and 16, Article II of this Act)
 willingly testifies against such persons as described above
o exempted from prosecution or punishment for the offense
ARTICLE III
Dangerous Drugs Test and Record
Requirements
 Authorized Drug Testing
 Gov’t forensic labs/accredited drug testing labs by DOH
 2 testing methods (screening and confirmatory test)
 Issuance of False or Fraudulent Drug Test Results
 penalty of imprisonment (6y and 1d - 12y)
 fine (P100K-P500K)
 additional penalty: revocation of the license to practice
his/her profession in case of a practitioner and the closure
of the drug testing center.
ARTICLE III
Dangerous Drugs Test and Record
Requirements
 Laboratory Examination or Test on
Apprehended/Arrested Offenders
 Screening test (24 hours)
 If positive → confirmatory test GC/MS lab (w/in 15d)
 prima facie evidence
ARTICLE III
Dangerous Drugs Test and Record
Requirements
 Accreditation of Drug Testing Centers and
Physicians
 Drug testing centers: to assure capacity, competence,
integrity and stability to conduct the examinations and tests
 Physicians: qualified and duly trained
ARTICLE III
Dangerous Drugs Test and Record
Requirements
 Records Required for Transactions on
Dangerous Drug and Precursors and Essential
Chemicals.
 Pharmacist - original record of sales, purchases, acquisitions
and deliveries of dangerous drugs
 certified true copy → Board within 15 days
following the last day of June and December of
each year
ARTICLE III
Dangerous Drugs Test and Record
Requirements
 Records Required for Transactions on Dangerous
Drug and Precursors and Essential Chemicals.
 Physician, dentist, veterinarian or practitioner authorized to
prescribe any dangerous drug
 Original → pharmacist (1 year from the date of sale
or delivery of such drug)
 One copy → buyer or person to whom the drug is
delivered until such drug is consumed
 One copy → person issuing the prescription
ARTICLE III
Dangerous Drugs Test and Record
Requirements
 Records Required for Transactions on Dangerous
Drug and Precursors and Essential Chemicals.
 Manufacturers, wholesalers, distributors, importers,
dealers and retailers of dangerous drugs and/or
controlled precursors and essential chemicals
 Keep record:
 all inventories, sales, purchases, acquisitions and deliveries
 names, addresses and licenses of the persons (items were
purchased/acquired or were sold or delivered)
 name and quantity and the date of the transactions.
Article IV-VII
ARTICLE IV
Participation of the Family,
Students, Teachers and School
Authorities in the
Enforcement of this Act
Section 41. Involvement of the Family
 The family being the basic unit of the Filipino society shall
be primarily responsible for the education and awareness
of the members of the family on the ill effects of
dangerous drugs and close monitoring of family members
who may be susceptible to drug abuse.
Section 42. Student Councils and
Campus Organizations
 All elementary, secondary and tertiary schools' student
councils and campus organizations 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.
Section 43. School Curricula
 Instruction on drug abuse prevention and control shall be
integrated in the elementary, secondary and tertiary
curricula of all public and private schools, whether general,
technical, vocational or agro-industrial as well as in nonformal, informal and indigenous learning systems
Section 45. Publication and Distribution
of Materials on Dangerous Drugs
 Publication and distribution of information and support
educational materials on dangerous drugs to the students,
the faculty, the parents, and the community.
Section 46. Special Drug Education Center
 Such Center which shall be headed by the
Provincial Social. Welfare Development Officer
shall sponsor drug prevention programs and
activities and information campaigns with the end
in view of educating the out-of-school youth and
street children regarding the pernicious effects of
drug abuse. The programs initiated by the Center
shall likewise be adopted in all public and private
orphanage and existing special centers for street
children.
ARTICLE V
Promotion of a National Drug-Free
Workplace Program With the
Participation of Private and Labor
Sectors and the Department of Labor
and Employment
ARTICLE V
 Promotion of drug-free workplaces using a tripartite
approach.
 DOLE  develop, promote and implement a national drug
abuse prevention program
 Program includes:
 mandatory drafting and adoption of company policies
against drug use in the workplace
 labor and employer organizations
 human resource development managers
ARTICLE VI
Participation of the Private and Labor Sectors
in the Enforcement of this Act
Article VI
 All labor unions, federations, associations,
or organizations + their respective private
sector partners  joint continuing
programs and information campaigns for
the laborers  to achieve a drug free
workplace
Article VII
Participation of Local
Government Units
Article VII: Participation of LGU
 appropriate a portion of their respective annual budgets to
assist in or enhance the enforcement of this Act
 giving priority to preventive or educational programs and
the rehabilitation or treatment of drug dependents
Article VII: Abatement of Drug Related Public
Nuisances
 Any place or premises which have been used on two or
more occasions as the site of the unlawful sale or delivery
of dangerous drugs may be declared to be a public
nuisance
Effect of Board Declaration
 If the Board declares a place or premises to be a public
nuisance
 it may declare an order immediately prohibiting the
conduct, operation, or maintenance of any business or
activity on the premises which is conducive to such
nuisance
 Expire after 1 year
Article VIII-X
Voluntary Submission
 Voluntary Submission
 Patient
 Spouse
 Parent
 Guardian
 Up to 4th degree of affinity
Voluntary Submission
 DOH physician certification
 Center: for 6 months or
 Under the care of a DOH physician near the
patient’s residence
Voluntary Submission
 ≤1 year
 Further confinement: head of the treatment
and rehabilitation center
Temporary Release
 DOH after care and follow-up treatment (18
months)
 Outcomes
 Recommited
 Discharge
Exemption from Criminal Liability
 Complied with the rules and regulation of the center
 Never been charged or convicted for a criminal offense (RA
9165)
 No records of escape
 Poses no serious danger to himself and to the community
Exemption from Criminal Liability
 May undergo probation and community service instead of
imprisonment
 Rehabilitation went well but does not qualify for exemption
 Prosecution
 No rehabilitation after 2nd reconfinement
Compulsory Confinement
 Upon petition of the Board
 Examination (two physicians)
 Discharge (no dependence)
 Trial (1 out of 2)
 Commitment
Compulsory Submission of a Drug
Dependent with an Offense
 Suspension of any other proceedings
 Imprisonmet: Less than 1 year and day
 Returned to court after rehabilitation
Confidentiality of Records
 Cannot be used against the patient in any way
 In case of escapes and failure to be rehabilitated
 Court
 Public interest
 Drug dependent welfare
Minor Offenders
 Suspension sentence
Liability of Parents, Spouse and
Guardian
 Contempt of court
 Refuses to cooperate with the Board without any valid
reasons
Cost-Sharing for Treatment of and
Rehabilitation
 Percentage of the confinement will be charged to the:
 Parents or
 Spouse or
 Gaurdian
Responsibilities of DOH
 Integration, coordination and supervision of all drug
rehabilitation, intervention, after-care and follow-up
programs
 License, accredit, establish and maintain drug test
network and laboratory
 Initiate, conduct and support scientific research on drugs
and drug control
Responsibilities of DOH
 Encourage, assist and accredit private centers
 Prescribe and promulgate rules and regulations governing
the establishments of centers
 Charge reasonable fees for drug dependency examinations
Dangerous Drugs Board
 Chairman: President of the Philippines
 Twelve Ex-officio members
 Secretary of the Department of Justice
 Secretary of the Department of Health
 Secretary of the Department of National Defense
 Secretary of the Department of Finance
 Secretary of the Department of Labor and Employment
 Secretary of the Department of the Interior and Local
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Government
Secretary of the Department of Social Welfare and
Development
Secretary of the Department of Foreign Affairs
Secretary of the Department of Education
Chairman of the Commission on Higher Education
 Chairman of the National Youth Commission
 Director General of the PDEA
 Three Permanent Members
 Seven years of training
 Appointed by the President
 Undersecretary
Philippine Drug Enforcement Agency
(PDEA)
 Shall act as the implementing arm of the Board
 Headed by the Director General of the PDEA which is
appointed by the President
Appropriations, Management of Funds
and Annual Report
 Fines, fees and other income authorized by this RA
 10% of all forfeited lotto and sweepstakes prizes but not
less than P 12M per year from the PCSO
 50% of which will be used for the assistance of government
owned and/or operated rehabilitation center
Appropriations, Management of Funds
and Annual Report
 No amount shall be disbursed to cover the operating services
of the Board and other concerned agencies
 P 5M from PAGCOR every month
 Establishment of new Rehabilitation Center
 Operation of Rehabilitation Centers
Article XI-XIII
Article XI
Jurisdiction Over Dangerous Drugs Cases
Section 90. Jurisdiction

The Supreme Court - designate special courts from existing Regional Trial Courts in
each judicial region to exclusively try and hear cases involving violations of this Act
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DOJ - designate the special prosecutors
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Preliminary investigation - terminated within a period of thirty (30) days from the
date of their filing.
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Probable cause established (public prosecutor) - filed in court within twenty-four
(24) hours
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Probable cause established (judge) - filed by prosecutor within forty-eight (48)
hours.
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Trial of the case under this Section shall be finished by the court not later than
sixty (60) days
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Decision on said cases - within a period of fifteen (15) days from the date of
submission of the case for resolution.
Article XI
Jurisdiction Over Dangerous Drugs Cases
Section 91. Responsibility and Liability of Law Enforcement Agencies and other Government
 Failure or refusal (intentionally or negligently) to appear as a witness
of a member of law enforcement agency
 Imprisonment = 12 years and 1 day to 20 years
 Fine = P500,000.00
 Administrative liability
 The immediate superior
 Imprisonment = 2 months and 1 day to 6 years
 Fine = P10,000.00 to P50,000.00
 Perpetual absolute disqualification from public office
 Transferred or re-assigned for compelling reasons:
 Provided, that his immediate superior shall notify the court where the
case is pending of the order to transfer or re-assign, within 24 hours
from its approval
 Provided, further, that his immediate superior be penalized.
Article XI
Jurisdiction Over Dangerous Drugs Cases
Section 92. Delay and Bungling in the Prosecution of Drug Cases
 Patent laxity, inexcusable neglect, unreasonable
delay or deliberately causes the unsuccessful
prosecution and/or dismissal of drug cases of any
government employee or officer shall suffer:
 Imprisonment = 12 years and 1 day to 20 years
Article XI
Jurisdiction Over Dangerous Drugs Cases
Section 93. Reclassification, Addition or Removal of Any Drug from the List of Dangerous
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The Board – has the power to reclassify, add to or remove from the list of dangerous drugs.
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Proceedings to reclassify, add, or remove a drug or other substance may be initiated by:
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PDEA, DOH, or by petition from any interested party.
The Board consider the following factors:
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(a) Its actual or relative potential for abuse;
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(b) Scientific evidence of its pharmacological effect if known
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(c) The state of current scientific knowledge regarding the drug or other substance
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(d) Its history and current pattern of abuse
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(e) The scope, duration, and significance of abuse
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(f) Risk to public health; and
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(g) Whether the substance is an immediate precursor of a substance already controlled under
this Act.
Article XI
Jurisdiction Over Dangerous Drugs Cases
Section 93. Reclassification, Addition or Removal of Any Drug from the List of Dangerous
 The Dangerous Drugs Board shall give notice to the general public of the
public hearing of the reclassification, addition to or removal from the list of
any drug by publishing such notice in any newspaper of general circulation
once a week for two (2) weeks.
 The effect of such reclassification, addition or removal shall be as follows:
 (a) In case a dangerous drug is reclassified as precursors and essential chemicals, the
penalties will be imposed in all pending criminal prosecutions;
 (b) In case a precursors and essential chemicals is reclassified as dangerous drug, the
penalties shall be imposed in all pending criminal prosecutions;
 (c) Addition of a new drug to the list of dangerous drugs and precursors and essential
chemicals = no criminal liability shall arise until after the lapse of fifteen (15) days
from the last publication of such notice;
 (d) Removal of a drug from the list of dangerous drugs and precursors and essential
chemicals = all persons convicted and/or detained for the use and/or possession of
such a drug shall be automatically released and all pending criminal prosecution
involving such a drug will be dismissed;
 (e) The Board shall, within five (5) days from the date of its promulgation submit to
Congress a detailed reclassification, addition, or removal of any drug from the list of
dangerous drugs.
Article XII:
Implementing Rules and Regulations
 The Board shall consult:
 DOH, DILG, DOJ, DepEd, DSWD, DOLE, PNP, NBI, PAGCOR
and the PCSO
 disseminate within sixty (60) days the
Article XIII: Final Provisions
 Congressional Oversight Committee
 seven (7) Members from the Senate (appointed by the Senate
President) – at least 2 Senator from the Minority
 seven (7) Members from the House of Representatives
(appointed by the Speaker) –at lest 2 representing the
Minority
 Committee Head: chairpersons of the Senate Committee
and House of Representatives
Article XIII: Final Provisions
 Powers and Functions of the Oversight Committee:
 set the guidelines to monitor and ensure the proper
implementation
 ensure transparency and require the submission of reports
from government agencies concerned on the conduct of
programs, projects and policies
 approve the budget for the programs
 submit periodic reports to the President of the Philippines
and Congress
Article XIII: Final Provisions
 Powers and Functions of the Oversight Committee:
 determine weaknesses in the law and recommend the
necessary corrective legislation or executive measures
 perform such other duties, functions and responsibilities
necessary to effectively attain the objectives
Article XIII: Final Provisions
 Oversight Committee
 shall adopt its rules of procedure, conduct hearings, receive
testimonies, reports, and advice, invite or summon by
subpoena ad testificandum any public official, private citizen,
or any other person to testify before it
Article XIII: Final Provisions
 Twenty-five million pesos (P25,000,000.00) shall be
charged to carry out the powers and functions of the
Oversight Committee
 shall exist for a period of ten (10) years from the effectivity
of this Act and may be extended by a joint concurrent
resolution
Article XIII: Final Provisions
 If for any reason any section or provision of this Act, is
declared invalid or unconstitutional, the remainder of this
Act shall not be affected and shall remain in effect
Republic Act 9165
Summary
 Comprehensive Dangerous Drugs Act of 2002
 Repealed the old Dangerous Drugs Act of 1972, or
otherwise known as R.A. 6425
 Policy of the state
 Promulgate laws against illegal trafficking of drugs, sanctions
and penalties to drug offenders
 Protect its citizens especially the youth to harmful effects of
Dangerous Drugs
 Implementation and enforcement of anti-drug abuse policies,
programs, and projects
 Provide measures for treatment and rehabilitation to drug
offenders
RA 9165 – Kill Drug Trafficking
 Instill fear and provide the Right punishment
 Strict implementation of fines and penalties to offenders for the
benefit of the youth and society
 Grave penalties for illegal possession, pushing, manufacturing,
trading, cultivating of illegal dangerous drugs
 Stiff penalties on to dangerous drug den owners, financiers,
protectors, coddlers and traders
RA 9165 – Call to Advocacy
 Society’s need to know
 A drive to educate and advocate the society through the
family school and family
 Special Drug Education Centers
 Publication and Distribution of Materials regarding
Dangerous Drugs
RA 9165 – Call to Advocacy
 Seeks everyone to campaign against drug use
 Promotion of a Drug-Free workplace
 Heralded by labor unions, federations, organizations, and
the private sector
RA 9165 – Tx and Rehabilitation
 Rehabilitation programs for the drug dependent
 A voluntary submission to confinement, treatment and
rehabilitation
 Tied with the DOH
 Save the User and Not the Pusher