It shall be the duty of the provincial or the city prosecutor or their assistants or state prosecutors to prepare the appropriate petition in all proceedings arising from this Act.
An accused who is over fifteen 15 years of age at the time of the commission of the offense mentioned in Sec. Upon recommendation of the Board, the court may commit the accused under suspended sentence to a Center, or to the care of a DOH-accredited physician for at least six 6 months, with after-care and follow-up program for not more than eighteen 18 months. In the case of minors under fifteen 15 years of age at the time of the commission of any offense penalized under this Act, Article of Presidential Decree No.
If the accused first time minor offender under suspended sentence complies with the applicable rules and regulations of the Board, including confinement in a Center, the court, upon a favorable recommendation of the Board for the final discharge of the accused, shall discharge the accused and dismiss all proceedings. Upon the dismissal of the proceedings against the accused, the court shall enter an order to expunge all official records, other than the confidential record to be retained by the DOJ relating to the case.
The privilege of suspended sentence shall be availed of only once by an accused drug dependent who is a first-time offender over fifteen 15 years of age at the time of the commission of the violation of Sec. Upon promulgation of the sentence, the court may, in its discretion, place the accused under probation, even if the sentence provided under this Act is higher than that provided under existing law on probation, or impose community service in lieu of imprisonment.
In case of probation, the supervision and rehabilitative surveillance shall be undertaken by the Board through the DOH in coordination with the Board of Pardons and Parole and the Probation Administration. Upon compliance with the conditions of the probation, the Board shall submit a written report to the court recommending termination of probation and a final discharge of the probationer, whereupon the court shall issue such an order.
The community service shall be complied with under conditions, time and place as may be determined by the court in its discretion and upon the recommendation of the Board and shall apply only to violators of Sec.
The completion of the community service shall be under the supervision and rehabilitative surveillance of the Board during the period required by the court. Thereafter, the Board shall render a report on the manner of compliance of said community service. The court in its discretion may require extension of the community service or order a final discharge.
In both cases, the judicial records shall be covered by the provisions of Sections 60 and 64 of this Act. If the sentence promulgated by the court requires imprisonment, the period spent in the Center by the accused during the suspended sentence period shall be deducted from the sentence to be served. Records to be kept by the Department of Justice. The DOJ shall keep a confidential record of the proceedings on suspension of sentence and shall not be used for any purpose other than to determine whether or not a person accused under this Act is a first-time minor offender.
The penalty of imprisonment ranging from six 6 months and one 1 day to six 6 years and a fine ranging from One thousand pesos P1, The maximum penalty shall be imposed, in addition to absolute perpetual disqualification from any public office, when the offender is a government official or employee. Any parent, spouse or guardian who, without valid reason, refuses to cooperate with the Board or any concerned agency in the treatment and rehabilitation of a drug dependent who is a minor, or in any manner, prevents or delays the after-care, follow-up or other programs for the welfare of the accused drug dependent, whether under voluntary submission program or compulsory submission program, may be cited for contempt by the court.
The guidelines therein formulated shall be implemented by a social worker of the local government unit. Treatment and Rehabilitation Centers. The existing treatment and rehabilitation centers for drug dependents operated and maintained by the NBI and the PNP shall be operated, maintained and managed by the DOH in coordination with other concerned agencies. For the purpose of enlarging the network of centers, the Board through the DOH 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 subsidy from either government or private sources.
It shall also support the establishment of government-operated regional treatment and rehabilitation centers depending upon the availability of funds. The national government, through its appropriate agencies shall give priority funding for the increase of subsidy to existing government drug rehabilitation centers, and shall establish at least one 1 drug rehabilitation center in each province, depending on the availability of funds. The DOH shall:. All income derived from these sources shall be part of the funds constituted as special funds for the implementation of this Act under Sec.
The Dangerous Drugs Board. The Board shall be the policy-making and strategy-formulating body in the planning and formulation of policies and programs on drug prevention and control. It shall develop and adopt a comprehensive, integrated, unified and balanced national drug abuse prevention and control strategy. It shall be under the Office of the President. Composition of the Board. The Board shall be composed of seventeen 17 members wherein three 3 of which are permanent members, the other twelve 12 members shall be in an ex officio capacity and the two 2 shall be regular members.
The three 3 permanent members, who shall possess at least seven-year training and experience in the field of dangerous drugs and in any of the following fields: in law, medicine, criminology, psychology or social work, shall be appointed by the President of the Philippines. The President shall designate a Chairman, who shall have the rank of a secretary from among the three 3 permanent members who shall serve for six 6 years. Of the two 2 other members, who shall both have the rank of undersecretary, one 1 shall serve for four 4 years and the other for two 2 years.
Thereafter, the persons appointed to succeed such members shall hold office for a term of six 6 years and until their successors shall have been duly appointed and qualified. The other twelve 12 members who shall be ex officio members of the Board are the following:. Cabinet secretaries who are members of the Board may designate their duly authorized and permanent representatives whose ranks shall in no case be lower than undersecretary.
All members of the Board as well as its permanent consultants shall receive a per diem for every meeting actually attended subject to the pertinent budgetary laws, rules and regulations on compensation, honoraria and allowances: Provided, That where the representative of an ex officio member or of the permanent consultant of the Board attends a meeting in behalf of the latter, such representative shall be entitled to receive the per diem.
Their stock is poor because the stockists are either unable or unwilling to judge quality. Offenders shall be unpunished if developed drug addiction. Non-criminal offence only in case of possession of high-risk substances listed in Enclosure 1 to the Law for control over the Narcotic Substances and Precursors of 3 Oct Communications through Medical Officer of Health. Possession of drugs for personal use is mostly charged as crime of use of drugs.
Meetings of the Board. The Board shall meet once a week or as often as necessary at the discretion of the Chairman or at the call of any four 4 other members. The presence of nine 9 members shall constitute a quorum. Secretariat of the Board. Two deputies executive director, for administration and operations, with the ranks of assistant secretary, shall be appointed by the President upon recommendation of the Board. They shall possess the same qualifications as those of the executive director.
They shall receive a salary corresponding to their position as prescribed by the Salary Standardization Law as a Career Service Officer. The existing secretariat of the Board shall be under the administrative control and supervision of the Executive Director.
Powers and Duties of the Board. The Board shall:. The PDEA shall be headed by a Director General with the rank of Undersecretary, who shall be responsible for the general administration and management of the Agency. The two 2 deputies director general shall likewise be appointed by the President of the Philippines upon recommendation of the Board.
The two 2 deputies director general shall possess the same qualifications as those of the Director General of the PDEA. The Director General and the two 2 deputies director general shall receive the compensation and salaries as prescribed by law. Organization of the PDEA. The Director General of the PDEA shall be responsible for the necessary changes in the organizational set-up which shall be submitted to the Board for approval.
Register for Recording Purchases and Supplies of Dangerous Drugs is a list of registration forms for use by qualified medical practitioners, dentists. Register for Recording Purchases and Supplies of Dangerous Drugs: Unknown Author Unknown Author: Books - thearuffplicalex.ml
For purposes of carrying out its duties and powers as provided for in the succeeding Sec. The PDEA shall establish and maintain regional offices in the different regions of the country which shall be responsible for the implementation of this Act and the policies, programs, and projects of said agency in their respective regions.
The PDEA shall:. The Board shall provide for the qualifications and requirements of its recruits who must be at least twenty-one 21 years old, of proven integrity and honesty and a Baccalaureate degree holder. The graduates of the Academy shall later comprise the operating units of the PDEA after the termination of the transition period of five 5 years during which all the intelligence network and standard operating procedures of the PDEA has been set up and operationalized.
The Academy shall be headed by a Superintendent, with the rank of Director. The Narcotics Group of the PNP, the Narcotics Division of the NBI and the Customs Narcotics Interdiction Unit are hereby abolished; however they shall continue with the performance of their task as detail service with the PDEA, subject to screening, until such time that the organizational structure of the Agency is fully operational and the number of graduates of the PDEA Academy is sufficient to do the task themselves: Provided , That such personnel who are affected shall have the option of either being integrated into the PDEA or remain with their original mother agencies and shall, thereafter, be immediately reassigned to other units therein by the head of such agencies.
Such personnel who are transferred, absorbed and integrated in the PDEA shall be extended appointments to positions similar in rank, salary, and other emoluments and privileges granted to their respective positions in their original mother agencies. The transfer, absorption and integration of the different offices and units provided for in this Sec. Nothing in this Act shall mean a diminution of the investigative powers of the NBI and the PNP on all other crimes as provided for in their respective organic laws: Provided, however , That when the investigation being conducted by the NBI, PNP or any ad hoc anti-drug task force is found to be a violation of any of the provisions of this Act, the PDEA shall be the lead agency.
Thereafter, such sums as may be necessary for the continued implementation of this Act shall be included in the annual General Appropriations Act. The fines shall be remitted to the Board by the court imposing such fines within thirty 30 days from the finality of its decisions or orders. The unclaimed and forfeited prizes shall be turned over to the Board by the PCSO within thirty 30 days after these are collected and declared forfeited.
The fund may be augmented by grants, donations, and endowment from various sources, domestic or foreign, for purposes related to their functions, subject to the existing guidelines set by the government. The Board shall manage the funds as it may deem proper for the attainment of the objectives of this Act.
In addition to the periodic reports as may be required under this Act, the Chairman of the Board shall submit to the President of the Philippines and to the presiding officers of both houses of Congress, within fifteen 15 days from the opening of the regular session, an annual report on the dangerous drugs situation in the country which shall include detailed account of the programs and projects undertaken, statistics on crimes related to dangerous drugs, expenses incurred pursuant to the provisions of this Act, recommended remedial legislation, if needed, and such other relevant facts as it may deem proper to cite.
The Supreme Court shall designate special courts from among the existing Regional Trial Courts in each judicial region to exclusively try and hear cases involving violations of this Act. The number of courts designated in each judicial region shall be based on the population and the number of cases pending in their respective jurisdiction. The DOJ shall designate special prosecutors to exclusively handle cases involving violations of this Act. The preliminary investigation of cases filed under this Act shall be terminated within a period of thirty 30 days from the date of their filing.
When the preliminary investigation is conducted by a public prosecutor and a probable cause is established, the corresponding information shall be filed in court within twenty-four 24 hours from the termination of the investigation. If the preliminary investigation is conducted by a judge and a probable cause is found to exist, the corresponding information shall be filed by the proper prosecutor within forty-eight 48 hours from the date of receipt of the records of the case.
Trial of the case under this Sec. Decision on said cases shall be rendered within a period of fifteen 15 days from the date of submission of the case for resolution. Any member of law enforcement agencies or any other government official and employee who, after due notice, fails or refuses intentionally or negligently, to appear as a witness for the prosecution in any proceedings, involving violations of this Act, without any valid reason, shall be punished with imprisonment of not less than twelve 12 years and one 1 day to twenty 20 years and a fine of not less than Five hundred thousand pesos P, The immediate superior of the member of the law enforcement agency or any other government employee mentioned in the preceding paragraph shall be penalized with imprisonment of not less than two 2 months and one 1 day but not more than six 6 years and a fine of not less than Ten thousand pesos P10, The member of the law enforcement agency or any other government employee mentioned in the preceding paragraphs shall not be transferred or re-assigned to any other government office located in another territorial jurisdiction during the pendency of the case in court.
Prosecution and punishment under this Sec. Delay and Bungling in the Prosecution of Drug Cases. The Board shall have the power to reclassify, add to or remove from the list of dangerous drugs. Proceedings to reclassify, add, or remove a drug or other substance may be initiated by the PDEA, the DOH, or by petition from any interested party, including the manufacturer of a drug, a medical society or association, a pharmacy association, a public interest group concerned with drug abuse, a national or local government agency, or an individual citizen.
When a petition is received by the Board, it shall immediately begin its own investigation of the drug. The PDEA also may begin an investigation of a drug at any time based upon the information received from law enforcement laboratories, national and local law enforcement and regulatory agencies, or other sources of information.
The Board after notice and hearing shall consider the following factors with respect to each substance proposed to be reclassified, added or removed from control:.