Republic of the Philippines SEC. 3. Definition of Terms.

– For purposes of this Act, the

Congress of the Philippines following are hereby defined as follows:
Metro Manila (a) “National Service Training Program ( NSTP)” is a program
Twelfth Congress aimed at enhancing civic consciousness and defense
First Regular Session preparedness in the youth by developing the ethics of services
Begun and held in Metro Manila on Monday, the twenty-third and patriotism while undergoing training in any of its three (3)
day of July two thousand one. program components. Its various components are especially
designed to enhance the youth’s active contribution to the
[REPUBLIC ACT NO. 9163] general welfare.
AN ACT ESTABLISHING THE NATIONAL SERVICE TRAINING (b) “Reserve Officers’ Training Corps (ROTC)” is a program
PROGRAM (NSTP) FOR THE TERTIARY LEVEL STUDENTS, institutionalized under sections 38 and 39 of Republic Act No.
AMENDING FOR THE PURPOSE REPUBLIC ACT NO. 7077 7077 designed to provide military training to tertiary level
PRESIDENTIAL DECREE NO. 1706, AND FOR OTHER PURPOSE students in order to motivate, train, organize and mobilize them
Be it entered by the senate and House of Representatives of the for national defense preparedness.
Philippines in Congress assembled. (c) “Literacy Training Service” is a program designed to train
students to become teachers of literacy and numeracy skills to
SECTION 1. Short Title. This Act shall be known as the “National school children, out of school youth, and other segments of
Service Training Program (NSTP) Act of 2001”. society in need of their service.
(d) “Civic Welfare Training Service” refers to program or
SEC. 2. Declaration of Policy. – It is hereby affirmed the prime activities contributory to the general welfare and the betterment
duty of the government to serve and protect its citizens. In of life for the members of the community or the enhancement
turn, it shall be the responsibility of all citizens to defend of its facilities, especially those developed to improving health,
security of the state and in fulfillment thereof, the government education, environment, entrepreneurship, safety, recreation
may require each citizen to render personal, military or civil and morals of the citizenry.
service. (e) “Program components” shall refer to the service components
Recognizing the youth’s vital role in nation building, the state of the NSTP as enumerated in Section 4 of this Act.
shall promote civic consciousness among the youth and shall
develop their physical, moral, spiritual, intellectual and social SEC. 4. Establishment of the National Service Training Program.
well being. It shall inculcate in the youth patriotism, – There is hereby established a National Service Training
nationalism, and advance their involvement on public and civic Program (NSTP), which shall form part of the curricula of all
affairs. baccalaureate degree courses and of at least two (2) year
In pursuit of these goals, the youth, the most valuable resource technical – vocational courses and is a requisite for graduation,
of the nation, shall be motivated, trained, organized and consisting of the following service components:
mobilized in military training, literacy, civic welfare and other (1) The Reserve Officers’ Training Corps (ROTC), which is
similar endeavors in the service of the nation. hereby made optional and voluntary upon the effectively of this
Act.
(2) The Literacy Training Services; and
(3) The Civic Welfare Training Service In offering the NSTP whether during the semester or summer
The ROTC under the NSTP shall instill patriotism, moral virtues, periods, clustering of affected students from different
respect for rights of civilians, and adherence to the Constitution, educational institutions may be done, taking into account
among others. Citizenship training shall be given emphasis in all logistics, branch of service and geographical considerations.
three program components. Schools that do not meet the required number of students to
The Commission on Higher Education (CHED) and technical maintain the optional ROTC and any of the other components
education and Skills Development Authority (TESDA), in shall allow their students to cross-enroll to other schools
consultation with the Department of National Defense (DND), irrespective of whether or not the NSTP components in said
Philippine Association of State Universities and Colleges school are being administered by the same or another branch of
(PASUC), Coordinating Council of Private Educational service of the Armed Forces of the Philippines (AFP), CHED and
Associations of the Philippines (COCOPEA) and other concerned TESDA to which schools are identified.
government agencies, may design and implement such other
program components as may be necessary in consonance with SEC. 8. Fees and Incentives. – Higher and technical-vocational
the provisions of this Act. institutions shall not collect any fee for any of the NSTP
components except basic tuition fees, which shall not be more
SEC. 5. Coverage. – Students, Male and female, of any than fifty percent (50%) of what is currently charged by schools
baccalaureate degree course or least two (2)-year technical- per unit. In the case of the ROTC, the DND shall formulate and
vocational courses in public and private educational institutions adopt a program of assistance and/or incentive to those
shall be required to complete one (1) of the NSTP components students who will take the said component.
as requisite for graduation. The school authorities concerned, CHED and TESDA shall
ensure that group insurance for health and accident shall be
SEC. 6. Duration and Equivalent Course Unit. – Each of the provided for students enrolled in any of the NSTP components.
aforementioned NSTP program components shall be undertaken
for an academic period of two (2) semesters. In lieu of the two SEC. 9. Scholarship. – There is hereby created a Special
(2)-semester program for any of the components of the NSTP, a Scholarship Program for qualified students taking the NSTP
one (1)-summer program may be designed, formulated and which shall be administered by the CHED and TESDA. Funds for
adopted by the DND, CHED and TESDA. this purpose shall be included in the annual regular
appropriations of the CHED and TESDA.
SEC. 7. NSTP Offering in Higher and Technical-Vocational
Educational Institutions. – All higher and technical-vocational SEC. 10. Management of the NSTP Components. – The school
institutions, public and private, must offer at least one of the authorities shall exercise academic and administrative
program components: Provided, That State universities and supervision over the design, formulation, adoption and
colleges shall offer the ROTC component and at least one other implementation of the different NSTP components in their
component as provided herein: Provided, further, That private respective schools: Provided,
higher and technical-vocational education institutions may also That in case a CHED or TESDA – accredited non government
offer the ROTC if they have at least three hundred and fifty organization (NGO) has been contracted to formulate and
(350) cadet students. administered a training module for any of the NSTP
components, such academic and administrative supervision shall NSTP requirement; Provided further, That once he has shifted
be exercised jointly with that accredited NGO: Provided further, to another program component, he shall completed the NSTP in
that such training module shall be accredited by the CHED and that component.
TESDA.
The CHED and TESDA regional offices shall oversee and monitor SEC. 14. Suspension of ROTC requirement. – The completion of
the implementation of the NSTP under their jurisdiction to ROTC training as a requisite for graduation is hereby set aside
determine if the training are being conducted in consonance for those students who despite completing all their academic
with the objectives of this Act. Periodic reports shall be units as of the effectively of this Act have not been allowed to
submitted to the CHED, TESDA and DND in this regard. graduate.
SEC. 11. Creation of the National Service Reserve Corps. –
There is hereby created a National Service Reserve Corps, to be SEC. 15. Separability Clause. – If any section or provision of this
composed of the graduates of the non-ROTC components. Act shall be declared unconstitutional or invalid, the other
Members of this Corps may be tapped by the State for literacy sections or provisions not affected thereby shall remain in full
and civic welfare activities through the joint effort of the DND, force and effect.
CHED and TESDA.
Graduates of the ROTC shall form part of the Citizens Armed SEC. 16. Amendatory Clause. – Section 35 of Commonwealth
Forces, pursuant to Republic Act No, 7077. Act No. 1, Executive Order No. 207 of 1939, Section 2 and 3 of
Presidential Decree No. 1706, and Section 38 and 39 of
SEC. 12. Implementing Rules. – The DND, CHED and TESDA Republic Act No. 7077, as well as all laws, decrees, orders, rules
shall have the joint responsibility for the adoption of the and regulations and other issuances inconsistent with the
implementing Rules of this Act within sixty (60) days from the provisions of this Act are hereby deemed amended and
approval of this Act. modified accordingly.
These three (3) agencies shall consult with other concerned
government agencies, the PASUC and COCOPEA, NGOs and SEC. 17. Effectivity. – This Act shall take effect fifteen (15) days
recognized student organizations in drafting the implementing after its publication in two (2) newspapers of national circulation
Rules. but the implementation of this Act shall commence in the school
The implementing rules shall include the guidelines for the year of 2002-2003.
adoption of the appropriate curriculum for each of the NSTP
components as well as for the accreditation of the same.

SEC. 13. Transitory Provisions. – Students who have yet to

complete the Basic ROTC, except those falling under section 14
of this Act, may either continue in the program component they
are currently enrolled or shift to any of the other program
components of their choice: Provided, That in case he shifts to
another program component, the Basic ROTC courses he has
completed shall be counted for the purpose of completing the
THE 1987 CONSTITUTION OF THE REPUBLIC OF THE Section 3. Civilian authority is, at all times, supreme over the
PHILIPPINES military. The Armed Forces of the Philippines is the protector of
the people and the State. Its goal is to secure the sovereignty
PREAMBLE of the State and the integrity of the national territory.
We, the sovereign Filipino people, imploring the aid of Almighty
God, in order to build a just and humane society, and establish Section 4. The prime duty of the Government is to serve and
a Government that shall embody our ideals and aspirations, protect the people. The Government may call upon the people
promote the common good, conserve and develop our to defend the State and, in the fulfillment thereof, all citizens
patrimony, and secure to ourselves and our posterity, the may be required, under conditions provided by law, to render
blessings of independence and democracy under the rule of law personal, military or civil service.
and a regime of truth, justice, freedom, love, equality, and
peace, do ordain and promulgate this Constitution. Section 5. The maintenance of peace and order, the protection
of life, liberty, and property, and promotion of the general
ARTICLE I welfare are essential for the enjoyment by all the people of the
NATIONAL TERRITORY blessings of democracy.
The national territory comprises the Philippine archipelago, with
all the islands and waters embraced therein, and all other Section 6. The separation of Church and State shall be
territories over which the Philippines has sovereignty or inviolable.
jurisdiction, consisting of its terrestrial, fluvial and aerial
domains, including its territorial sea, the seabed, the subsoil, STATE POLICIES
the insular shelves, and other submarine areas. The waters Section 7. The State shall pursue an independent foreign policy.
around, between, and connecting the islands of the archipelago, In its relations with other states, the paramount consideration
regardless of their breadth and dimensions, form part of the shall be national sovereignty, territorial integrity, national
internal waters of the Philippines. interest, and the right to self-determination.

ARTICLE II Section 8. The Philippines, consistent with the national interest,

DECLARATION OF PRINCIPLES AND STATE POLICIES adopts and pursues a policy of freedom from nuclear weapons
PRINCIPLES in its territory.
Section 1. The Philippines is a democratic and republican State.
Sovereignty resides in the people and all government authority Section 9. The State shall promote a just and dynamic social
emanates from them. order that will ensure the prosperity and independence of the
nation and free the people from poverty through policies that
Section 2. The Philippines renounces war as an instrument of provide adequate social services, promote full employment, a
national policy, adopts the generally accepted principles of rising standard of living, and an improved quality of life for all.
international law as part of the law of the land and adheres to
the policy of peace, equality, justice, freedom, cooperation, and Section 10. The State shall promote social justice in all phases
amity with all nations. of national development.
 Section 18. The State affirms labor as a primary social economic
Section 11. The State values the dignity of every human person force. It shall protect the rights of workers and promote their
and guarantees full respect for human rights. welfare.

Section 12. The State recognizes the sanctity of family life and Section 19. The State shall develop a self-reliant and
shall protect and strengthen the family as a basic autonomous independent national economy effectively controlled by
social institution. It shall equally protect the life of the mother Filipinos.
and the life of the unborn from conception. The natural and
primary right and duty of parents in the rearing of the youth for Section 20. The State recognizes the indispensable role of the
civic efficiency and the development of moral character shall private sector, encourages private enterprise, and provides
receive the support of the Government. incentives to needed investments.

Section 13. The State recognizes the vital role of the youth in Section 21. The State shall promote comprehensive rural
nation-building and shall promote and protect their physical, development and agrarian reform.
moral, spiritual, intellectual, and social well-being.
It shall inculcate in the youth patriotism and nationalism, and Section 22. The State recognizes and promotes the rights of
encourage their involvement in public and civic affairs. indigenous cultural communities within the framework of
national unity and development.
Section 14. The State recognizes the role of women in nation-
building, and shall ensure the fundamental equality before the Section 23. The State shall encourage non-governmental,
law of women and men. community-based, or sectoral organizations that promote the
welfare of the nation.
Section 15. The State shall protect and promote the right to
health of the people and instill health consciousness among Section 24. The State recognizes the vital role of communication
them. and information in nation-building.

Section 16. The State shall protect and advance the right of the Section 25. The State shall ensure the autonomy of local
people to a balanced and healthful ecology in accord with the governments.
rhythm and harmony of nature.
Section 26. The State shall guarantee equal access to
Section 17. The State shall give priority to education, science opportunities for public service and prohibit political dynasties
and technology, arts, culture, and sports to foster patriotism as may be defined by law.
and nationalism, accelerate social progress, and promote total
human liberation and development. Section 27. The State shall maintain honesty and integrity in the
public service and take positive and effective measures against
graft and corruption.
Section 28. Subject to reasonable conditions prescribed by law, No religious test shall be required for the exercise of civil or
the State adopts and implements a policy of full public political rights.
disclosure of all its transactions involving public interest.
Section 6. The liberty of abode and of changing the same within
ARTICLE III the limits prescribed by law shall not be impaired except upon
BILL OF RIGHTS lawful order of the court. Neither shall the right to travel be
Section 1. No person shall be deprived of life, liberty, or impaired except in the interest of national security, public
property without due process of law, nor shall any person be safety, or public health, as may be provided by law.
denied the equal protection of the laws.
Section 7. The right of the people to information on matters of
Section 2. The right of the people to be secure in their persons, public concern shall be recognized. Access to official records,
houses, papers, and effects against unreasonable searches and and to documents and papers pertaining to official acts,
seizures of whatever nature and for any purpose shall be transactions, or decisions, as well as to government research
inviolable, and no search warrant or warrant of arrest shall issue data used as basis for policy development, shall be afforded the
except upon probable cause to be determined personally by the citizen, subject to such limitations as may be provided by law.
judge after examination under oath or affirmation of the Section 8. The right of the people, including those employed in
complainant and the witnesses he may produce, and particularly the public and private sectors, to form unions, associations, or
describing the place to be searched and the persons or things to societies for purposes not contrary to law shall not be abridged.
be seized.
Section 9. Private property shall not be taken for public use
Section 3. (1) The privacy of communication and without just compensation.
correspondence shall be inviolable except upon lawful order of
the court, or when public safety or order requires otherwise, as Section 10. No law impairing the obligation of contracts shall be
prescribed by law. passed.
(2) Any evidence obtained in violation of this or the preceding
section shall be inadmissible for any purpose in any proceeding. Section 11. Free access to the courts and quasi-judicial bodies
and adequate legal assistance shall not be denied to any person
Section 4. No law shall be passed abridging the freedom of by reason of poverty.
speech, of expression, or of the press, or the right of the people
peaceably to assemble and petition the government for redress Section 12. (1) Any person under investigation for the
of grievances. commission of an offense shall have the right to be informed of
his right to remain silent and to have competent and
Section 5. No law shall be made respecting an establishment of independent counsel preferably of his own choice. If the person
religion, or prohibiting the free exercise thereof. The free cannot afford the services of counsel, he must be provided with
exercise and enjoyment of religious profession and worship, one. These rights cannot be waived except in writing and in the
without discrimination or preference, shall forever be allowed. presence of counsel.
(2) No torture, force, violence, threat, intimidation, or any other Section 16. All persons shall have the right to a speedy
means which vitiate the free will shall be used against him. disposition of their cases before all judicial, quasi-judicial, or
Secret detention places, solitary, incommunicado, or other administrative bodies.
similar forms of detention are prohibited. Section 17. No person shall be compelled to be a witness
(3) Any confession or admission obtained in violation of this or against himself.
Section 17 hereof shall be inadmissible in evidence against him.
(4) The law shall provide for penal and civil sanctions for Section 18. (1) No person shall be detained solely by reason of
violations of this section as well as compensation to the his political beliefs and aspirations.
rehabilitation of victims of torture or similar practices, and their (2) No involuntary servitude in any form shall exist except as a
families. punishment for a crime whereof the party shall have been duly
convicted.
Section 13. All persons, except those charged with offenses
punishable by reclusion perpetua when evidence of guilt is Section 19. (1) Excessive fines shall not be imposed, nor cruel,
strong, shall, before conviction, be bailable by sufficient degrading or inhuman punishment inflicted. Neither shall death
sureties, or be released on recognizance as may be provided by penalty be imposed, unless, for compelling reasons involving
law. The right to bail shall not be impaired even when the heinous crimes, the Congress hereafter provides for it. Any
privilege of the writ of habeas corpus is suspended. Excessive death penalty already imposed shall be reduced to reclusion
bail shall not be required. perpetua.
(2) The employment of physical, psychological, or degrading
Section 14. (1) No person shall be held to answer for a criminal punishment against any prisoner or detainee or the use of
offense without due process of law. substandard or inadequate penal facilities under subhuman
(2) In all criminal prosecutions, the accused shall be presumed conditions shall be dealt with by law.
innocent until the contrary is proved, and shall enjoy the right
to be heard by himself and counsel, to be informed of the Section 20. No person shall be imprisoned for debt or non-
nature and cause of the accusation against him, to have a payment of a poll tax.
speedy, impartial, and public trial, to meet the witnesses face to
face, and to have compulsory process to secure the attendance Section 21. No person shall be twice put in jeopardy of
of witnesses and the production of evidence in his behalf. punishment for the same offense.
However, after arraignment, trial may proceed notwithstanding If an act is punished by a law and an ordinance, conviction or
the absence of the accused: Provided, that he has been duly acquittal under either shall constitute a bar to another
notified and his failure to appear is unjustifiable. prosecution for the same act.

Section 15. The privilege of the writ of habeas corpus shall not Section 22. No ex post facto law or bill of attainder shall be
be suspended except in cases of invasion or rebellion, when the enacted.
public safety requires it.
ARTICLE IV
CITIZENSHIP
Section 1. The following are citizens of the Philippines:
[1] Those who are citizens of the Philippines at the time of the
adoption of this
Constitution;
[2] Those whose fathers or mothers are citizens of the
Philippines;
[3] Those born before January 17, 1973, of Filipino mothers,
who elect Philippine citizenship upon reaching the age of
majority; and
[4] Those who are naturalized in accordance with law.
Section 2. Natural-born citizens are those who are citizens of
the Philippines from birth without having to perform any act to
acquire or perfect their Philippine citizenship.
Those who elect Philippine citizenship in accordance with
paragraph (3); Section 1 hereof shall be deemed natural-born
citizens.

Section 3. Philippine citizenship may be lost or reacquired in the

manner provided by law.

Section 4. Citizens of the Philippines who marry aliens shall

retain their citizenship, unless by their act or omission, they are
deemed, under the law, to have renounced it.

Section 5. Dual allegiance of citizens is inimical to the national

interest and shall be dealt with by law.
RULES AND REGULATIONS IMPLEMENTING "THE CODE OF THE SECTION 4. Interpretation. — In the interpretation of the
NATIONAL FLAG, ANTHEM, MOTTO, COAT-OF-ARMS AND provisions of Republic Act No. 8491, Series of 1998, The Flag
OTHER HERALDIC ITEMS AND DEVICES OF THE PHILIPPINES " and Heraldic Code of the Philippines, hereinafter called R.A. No.
REPUBLIC ACT NO. 8491, S. 1998 8491, and of these Rules, that interpretation which will promote
or sustain reverence and respect for the flag, the anthem, and
RULE 1 other national symbols, all of which embody national ideals and
General Provisions traditions, shall be given paramount consideration.
SECTION 1. Title. — These rules shall be known, cited and
referred to as the "RULES AND REGULATIONS IMPLEMENTING RULE 2
REPUBLIC ACT NO. 8491, series of 1998, THE CODE OF THE The Implementing Agency
NATIONAL FLAG, ANTHEM, MOTTO, COAT-OF-ARMS AND SECTION 5. The Implementing Agency. — The National
OTHER HERALDIC ITEMS AND DEVICES OF THE PHILIPPINES", Historical Institute, hereinafter referred to as the Institute, shall
hereinafter called the "Rules.” be the agency tasked to implement these Rules.
SECTION 6. Scope of Powers and Functions. — The Institute
SECTION 2. Declaration of Policy and Objectives. — It is the shall perform planning, monitoring, coordinating, implementing,
policy of the state to herein prescribe the Code of the National and policy-formulating functions, wherever and whenever
Flag, Anthem, Motto, Coat-of-Arms and other Heraldic Items appropriate, and, in the process, exercise administrative,
and Devices of the Philippines, ensure the promotion and regulatory, and supervisory authority over the implementation
implementation of its corresponding rules and regulations, and of the provisions of R.A. No. 8491 within the Philippine
adopt effective administrative, regulatory, coordinative and territorial limits, and in conformity with national government
supervisory programs and activities, where appropriate, in policies. Such powers and functions shall include the following:
conformity with national government policies. Further, a. Formulate, coordinate and regulate the implementation of the
reverence and respect shall at all times be accorded to the flag, Code of the National Flag, Anthem, Motto, Coat-of-Arms and
anthem, and other national symbols which embody the national other Heraldic Items and Devices of the Philippines, consistent
ideals and traditions and which express the principles of with the purposes and objectives of R.A. No. 8491;
sovereignty and national solidarity. b. Plan, prepare and coordinate effective educational and
information dissemination strategies which shall increase the
SECTION 3. Scope of Application. — These Rules shall apply to level of national awareness of these Rules and other
individuals, public and private entities, military and police implementing details that may subsequently be formulated;
agencies, and other branches and/or instrumentalities of the c. Coordinate and monitor the implementation of these Rules
national and local government including government-owned and ensure the compliance of all the provisions stipulated under
and/or controlled corporations, and shall also be observed in R.A. No. 8491; and deputize, assign and/or designate
and within the entire territory of the Philippines as such is government agencies, non-government organizations, major
defined in the Constitution and laws of the Republic of the branches and units of the Armed
Philippines. Forces of the Philippines and the Philippine National Police, and
other groups or individuals for the purpose of implementing,
monitoring and coordinating tasks;
d. Set policies and procedures concerning the concept and g. "Half-mast" shall mean lowering the flag to one-half the
design/visual interpretation of the national motto, coat-of-arms, distance between the top and bottom of the pole;
seals of various local government units (town/city/province), h. "Halyard" shall mean the long rope where the flag fastens
and other government instrumentalities, medallions, awards and and which runs up the length of the flag pole;
other forms and devices of national recognition, and strict i. "Inclement Weather" shall mean that a typhoon signal is
enforcement thereof; raised in the locality;
e. Formulate and devise appropriate legal procedures, j. "National Anthem" shall mean the "Lupang Hinirang", the
assistance and coordinating systems for cases arising from the Philippine National Anthem;
violations of R.A. No. 8491, including appropriate integration of k. "Official Residences" shall mean Malacañang, and other
this law into the Shari'a Courts; and government-owned structures where the President resides, and
f. Perform other related functions required to achieve the other structures occupied by the Philippine Consulate or
objectives of R.A. No. 8491 and these Rules. Embassies abroad;
l. "Places of Frivolity" shall mean places of hilarity marked by or
SECTION 7. Definition of Terms. — Whenever used in these providing boisterous merriment or recreation;
Rules, the term: m. "Advertisement or Infomercial" shall mean advertisement or
a. "Military" shall mean all branches of the Armed Forces of the any information material in print, radio, television, cinema,
Philippines including the Philippine National Police, the Bureau video and the like, outdoor and electronic media, seeking to
of Jail Management and Penology, and the Bureau of Fire promote individuals, entities, products or services for
Protection; commercial, political purposes or information campaigns;
b. "Festoon" shall mean to hang in a curved shape between two n. "Heraldic Items and Devices" shall mean coat-of-arms, seals,
points as a decoration; logos, insignia, badges, flashes, patches, orders and
c. "National Flag" shall mean the National Flag and Ensign of decorations, medals, stars, citations, lapel pins, trophies, dry,
the Philippines, unless stated otherwise, used on land and sea wax or wet seals, and imprints on letterheads, envelopes and
by public, private and the military and shall refer to the flag or cards;
any other design that so resembles it as likely to cause any o. "Government Entities" shall mean all branches of the
person to believe that it is the flag or design stated, expressed government, its bureaus and attached agencies, constitutional
or provided in the Constitution of the Philippines, R.A. No. 8491 offices, local government offices, government-owned and/or
and these Rules; controlled corporations, government financial institutions, state
d. "Fly" shall mean the part of the flag outside the hoist or universities and colleges, Armed Forces of the Philippines
length; including its basic component units; and
e. "Hoist" shall mean the sleeve or heading; part of the flag p. "Vexillary Items" shall mean national, local, house flags, or
nearest the staff or the canvass to which the halyard is administrative, institution, corporate, unit and other
attached; organization's banners.
f. "Symbol" shall mean any conventional sign which reveals
man's achievement and heroism (for orders and decorations),
identification, authority and a sign of dignity (for coat-of-arms,
logo and insignia);
RULE 3 sunset and throughout the year in the open flagstaff in front of
CHAPTER I private buildings: Provided, that proper flag ceremonies be
The National Flag observed in accordance with these Rules.
A. Design of the National Flag
SECTION 8. The National Flag shall be blue, white and red with SECTION 12. All Government Entities should observe flag days
an eight rayed golden yellow sun and three stars that are five- with appropriate ceremonies. Socio-civic groups, non-
pointed, as consecrated and honored by the people. government organizations and the private sector are enjoined to
observe and cooperate in making the celebration a success.

B. Hoisting and Display of the National Flag SECTION 13. The National Flag shall be flown on all naval
SECTION 9. The National Flag shall be displayed in all public vessels and on merchant ships of Philippine registry, of more
buildings, official residences, public plazas, and institutions of than one thousand (1,000) gross tons. Military, civil or state
learning everyday throughout the year. vessels should fly the National Flag. Pleasure, merchant, fishing
boats or yachts are also encouraged to fly the National Flag. On
SECTION 10. The National Flag shall be permanently hoisted, board vessels of Philippine registry, the National Flag shall be
day and night, throughout the year, in front of the following: at displayed on the flagstaff at the stern when the vessel is at
Malacañang Palace; Congress of the Philippines building; anchor. The National Flag shall be hoisted to the gaff at the
Supreme Court building; Rizal Monument in Luneta, Manila; after mast when the vessel is at sea.
Bonifacio Monument in Kalookan City; Emilio Aguinaldo Shrine
in Kawit, Cavite; Barasoain Church Historical Landmark in SECTION 14. On all aircraft of Philippine registry, the National
Malolos, Bulacan; Marcela Agoncillo Historical Landmark in Taal, Flag shall be prominently displayed horizontally on its fuselage
Batangas; Tomb of the Unknown Soldier, Libingan ng mga at the head portion with the hoist side pointing the forward
Bayani, Makati City, Mausoleo de los Veteranos de la direction.
Revolucion, North Cemetery, Manila; all International Ports of SECTION 15. 'The National Flag, if flown from a flagpole, shall
Entry and all other places as may be designated by the have its blue field on top in time of peace and the red field on
Institute. The National Flag of these sites shall be properly top in time of war; if in a hanging position, the blue field shall
illuminated at night. be to the left (observer's point of view) in time of peace, and
the red field to the left (observer's point of view) in time of war.
SECTION 11. The National Flag shall also be displayed in private The National Flag could be knotted to signal that assistance is
buildings and residences or raised in the open flag-staffs in badly needed.
front of said buildings every April 9 (Araw ng Kagitingan); May 1
(Labor Day); (National Flag Days) from May 28 to June 12 SECTION 16. If planted on the ground, the flagpole shall be at a
(Independence Day); last Sunday of August (National Heroes prominent place and shall be of such height as would give the
Day); November 30 (Bonifacio Day); and December 30 (Rizal National Flag commanding position in relation to the buildings in
Day); and on such other days as may be declared or approved the vicinity. The flagpole must not be of equal height or higher
by the President and/or local chief executives. The National Flag than the Independence Flagpole at the Rizal Park, Manila. The
may also be raised and displayed at sunrise and lowered at flagpole that is planted on the ground must be straight and
slightly tapering at the top. The minimum length of the National desecration. The National Flag shall be replaced immediately
Flag is one fourth (¼) the height of the flagpole, while when it begins to show signs of wear and tear.
maximum length of the National Flag is one-third (1/3) the
height of the flagpole. SECTION 20. The National Flag shall be raised at sunrise and
lowered at sunset. It shall be on the mast at the start of official
SECTION 17. When the National Flag is flown with flag or flags school and office hours and shall remain flying throughout the
of other countries, the flags must be of equal size and on day. The National Flag shall not be raised when the weather is
separate staffs of the same height. The National Flag shall be inclement. If already raised, the National Flag shall not be
hoisted first and lowered last. When displayed in a semi-circle of lowered for the whole day.
flags with other countries or house flags, the National Flag
should be at the center. When displayed in a circle of flags with SECTION 21. The National Flag may be displayed:
other countries or house flags, the National Flag should be a. Inside and/or outside a building, on stationary or movable
flown on the flagpole facing the main read (point of reference- flagpole. If the National Flag is displayed indoors on a flagpole,
KM 0 Rizal Park, Manila); or in front of a monument; or the it shall be placed at the left of the observer as one enters the
main entrance of the building. The flags of other countries or room;
house flags should be arranged counter clockwise in b. From the top of a flagpole, which shall be at a prominent
alphabetical order, by precedence or by protocol. place or a commanding position in relation to the surrounding
buildings?
SECTION 18. When displayed in a row or in a parade with flags c. From a staff projecting upward from the window sill, roof,
of other countries, the National Flag shall be on the left canopy, balcony or façade of a building;
(observer's point of view) of the other flags. The flags of other d. In a suspended position from a rope extending from a
countries should be arranged in alphabetical order from left to building to a pole erected away from the building;
right. When displayed in a row of house flags, the National Flag e. Flat against the wall vertically with the sun and stars on top;
shall be in front of the center of the line or on the left f. Hanging vertically in the middle of the two-way traffic road,
(observer's point of view) of the row. The house flags should be the blue field should be pointing east, if the road is heading
arranged in alphabetical order, by precedence or by protocol south or north and if the road is heading east or west the blue
order from left to right (the observer's point of view). When in a field should be pointing north; and
parade with house flags, the National Flag shall be in front of g. Hanging vertically at the sides or middle of the one-way
the center of the first line. The house flags should be arranged traffic road, the blue field should be at the left of the observer.
in alphabetical order, by precedence or by protocol order from
left to right (the observer's point of view). During special SECTION 22. The National Flag shall be hoisted to the top
occasions, if there is only one flagpole, the house flag may be briskly and lowered ceremoniously. The National Flag must be
flown at the same halyard with the National Flag but below the properly folded before hanging for the start of the ceremony. It
latter and it cannot be bigger than the National Flag. shall not be left hanging at the base of the flagpole while
waiting for the flag ceremony. The National Flag shall never
SECTION 19. A worn-out National Flag should not be thrown touch anything beneath it, such as the base of the pole, ground
away. It should be solemnly burned to avoid misuse or
or other object. After being lowered, the National Flag shall be D. Half-Mast
handled and folded solemnly as part of the ceremony. SECTION 27. The National Flag shall be flown at half-mast as a
sign of mourning on all the buildings and places where it is
C. Conduct of Flag Raising and Lowering Ceremonies displayed, as provided, on the day of the official announcement
SECTION 23. All government offices, including national or local of the death of any of the following officials:
government units and institutions, shall henceforth observe the a. The President or a former President, for ten (10) days;
flag raising ceremony every Monday morning and the flag b. The Vice-President, the Chief Justice of the Supreme Court,
lowering ceremony every Friday afternoon. These include the President of the
private establishments who fly the National Flag on the flagpole Senate and the Speaker of the House of Representatives, for
in their compound. Primary and secondary schools and other seven (7) days;
institutions of learning shall observe the flag ceremony as c. Cabinet Secretaries, Associate Justices of the Supreme Court,
ordered by the Department of Education, Culture and Sports Members of the Senate and House of Representatives, the Chief
and/or the Commission on Higher Education. of Staff of the Armed Forces of the Philippines and the Director-
General of the Philippine National Police, for five (5) days;
SECTION 24. The observance of the flag ceremony shall be d. Heads of National Government Agencies, including
simple and dignified. Government Owned and Control
Corporations and Government Financial Institutions, for three
SECTION 25. During the flag raising ceremony, the assembly (3) days;
shall stand in formation facing the National Flag. At the moment e. The Commanding Generals of the Philippine Air Force and the
the first note of the National Anthem is heard, everyone in the Philippine Army and the Flag Officer in Command of the
premises shall come to attention; moving vehicles shall stop. All Philippine Navy, for three (3) days;
persons present shall place their palms over their chest, those f. Governors, Vice-Governors, city and municipal Mayors, city
with hats shall uncover, while those in military, scouting, and municipal Vice-Mayors, for three (3) days;
security guard, and citizens military training uniforms shall give g. Members of the Sangguniang Panlalawigan, Sangguniang
the salute prescribed by their regulations, which salute shall be Panlungsod and Sangguniang Bayan, on the day of interment;
completed upon the last note of the anthem. The same h. Barangay Chairmen and the Barangay Councilmen on the day
procedure shall be observed when the National Flag is passing of interment;
in review or in parade. i. Former National or Local Government Officials, appointive or
elective, other than those specified above, on the day of
SECTION 26. During the flag lowering, the National Flag shall interment, within their former respective territorial jurisdictions
be lowered solemnly and slowly so that the flag shall be down and by resolution of their respective Sanggunians;
the mast at the sound of the last note of the National Anthem. j. Regional Directors, Superintendents, Supervisors, Principals,
Those in the assembly shall observe the same deportment or Teachers and other school officials, on the day of interment and
shall observe the same behavior as for the flag raising by order of the proper school authorities concerned;
ceremony. k. Recipients of national orders and decorations, on the day of
interment and by order of the President or the Congress; and
l. Other persons to be determined by the Institute, for a period Ako ay Pilipino
of less than seven (7) days. Buong katapatang nanunumpa
In cases "c" to "e" the National Flag shall be flown at half-mast Sa watawat ng Pilipinas
in front of the building where the deceased official is holding At sa bansang kanyang sinasagisag
office and in cases "f" to "h" through Sanggunian Resolution or Na may dangal, katarungan at kalayaan
by order of the Local Chief Executive. Na pinakikilos ng sambayanang
The National Flag, when flown at half-mast, shall be first Maka-Diyos
hoisted to the peak for a moment then lowered to the half-mast Maka-tao
position. The National Flag shall again be raised to the peak Makakalikasan at
before it is lowered for the day. Makabansa.
The National Flag shall also be flown at half-mast during Such pledge shall be recited right after the singing of the
calamities/tragedies of national or international significance as National Anthem, the throng standing with the right palm open,
ordered by the Office of the President. The National Flag shall raised shoulder high. Individuals whose faith or religious beliefs
be permanently hoisted at half-mast day and night throughout prohibit them from making such pledge must nonetheless show
the year at the Tomb of the Unknown Soldier, Libingan ng mga full respect by standing at attention.
Bayani, Fort Bonifacio, Makati City; Mausoleo de los Veteranos
de la Revolucion, North Cemetery, Manila; and in all memorial G. National Flag Days
cemeteries dedicated to war veterans. The National Flag of SECTION 30. The period from May 28 to June 12 of each year is
these declared sites shall be properly illuminated at night. declared as National Flag Days, during which period all offices,
agencies and instrumentalities of the government, business
E. Casket establishments, institutions of learning, private buildings and
SECTION 28. The National Flag may be used to cover the homes are enjoined to display the National Flag.
caskets of the honored dead of the military, veterans of
previous wars, National Artists, and of civilians who have SECTION 31. The government offices and local government
rendered distinguished service to the nation, as may be units concerned shall display the National Flag on main
determined by the local government unit concerned. In such thoroughfares, parks, plazas, and other public places.
cases, the National Flag shall be placed such that the white
triangle shall be at the head and the blue portion shall cover the H. Specifications of the National Flag
right side of the casket. The National Flag shall not be lowered SECTION 32. The National Flag shall have the following
to the grave or allowed to touch the ground, but shall be folded proportions: The width of the National Flag, 1, and the length,
solemnly and handed over to the heirs of the deceased or next 2. All the sides of the white triangle, 1.
of kin. No object must be put on top of the National Flag,
except for religious objects that symbolize "God above Country". SECTION 33. The technical specifications shall be as follows:
The blue color shall bear Cable No. 80173; the white color,
F. Pledge to the National Flag Cable No. 80001; the red color, Cable No. 80108; and the
SECTION 29. The following shall be the Pledge of Allegiance to golden-yellow, Cable No. 80068.
the National Flag:
The assigned cable numbers are listed in the Tenth Edition of (COA) using the National Flag stamped "APPROVED" by the
the Standard Color Reference of America, created and issued by Institute as reference. The internal inspector of the
the Color Association of the United States, No. 343 Lexington requisitioning office and the COA, in case of confusion, may
Avenue, New York, New York, 10016, Series, 1981. send another sample of the National Flag picked at random
from the delivered flags for reevaluation by the Institute.
SECTION 34. In order to establish uniform criteria in the making
of our National Flag and to guarantee its durability by the use of SECTION 36. For effective information dissemination, all
quality materials, the following standards and procedures shall accredited manufacturers are required to inform all flag
be observed: consumers of the provisions of these Rules.
a. All requisitions for the purchase of the National Flag must be
based on strict compliance with the design, color, craftsmanship SECTION 37. All government entities shall ensure that the
and material requirements of the Government; requirements under the R.A. No. 8491 and these Rules, with
b. The manufacturer shall send annually one meter for each respect to the standard requisitions and deliveries of the
color (blue, red, white and National Flags are strictly complied with.
golden-yellow including canvas) of textile material to the
Industrial Technology Development Institute (ITDI) or the SECTION 38. All departments, agencies, offices, and
Philippine Textile Research Institute (PTRI) of the Department instrumentalities of the government, government-owned or
of Science and Technology (DOST) for evaluation. The controlled corporations, local government units, including
PTRI/ITDI shall evaluate the quality and serviceability of the barangays, shall include in their annual budgets the necessary
said textile material; outlay for the purchase of the National Flag.
c. Flag manufacturers shall apply for annual accreditation at the
Institute. Together with I. Prohibited Acts
their application, they will submit the PTRI/ITDI laboratory test SECTION 39: It shall be prohibited:
results, copy of business license, permit, company profile and a. To mutilate, deface, defile, trample on, cast contempt, or
other pertinent documents; and commit any act or omission casting dishonor or ridicule upon
d. All submitted sample/s of the National Flag by accredited the National Flag or over its surface;
suppliers offered for purchase for government use shall be b. To dip the National Flag to any person or object by way of
evaluated as to design, color, materials and craftsmanship compliment or salute;
specifications by the Institute, through its Heraldry and Display c. To use National Flag
Section, which shall stamp its approval or disapproval on the 1. As drapery, festoon, tablecloth;
canvas reinforcement of the National Flag sample submitted. 2. As covering for ceilings, walls, statues or other objects;
The National Flag sample/s shall be sent to the Institute by the 3. As a pennant in the hood, side, back and top of motor
requisitioning office and not by the flag supplier. vehicles;
4. As a staff or whip;
SECTION 35. All deliveries of the National Flags requisitioned by 5. For unveiling monuments or statues; and
government entities shall be inspected by the requisitioning 6. As trademarks, or for industrial, commercial or agricultural
office's internal inspector and by the Commission on Audit labels or designs.
d. To display the National Flag: Sa dagat at bundok,
1. Under any painting or picture; Sa simoy at sa langit mong bughaw,
2. Horizontally. It shall always be hoisted aloft and be allowed May dilag ang tula
to fall freely; At awit sa paglayang minamahal.
3. Below any platform; or Ang kislap ng watawat mo'y
4. In discotheques, cockpits, night and day clubs, casinos, Tagumpay na nagniningning
gambling joints and places of vice or where frivolity prevails. Ang bituin at araw niya,
e. To wear the National Flag in whole or in part as a costume or Kailan pa may di magdidilim.
uniform; Lupa ng araw, ng luwalhati't pagsinta,
f. To add any word, figure, mark, picture, design, drawings, Buhay ay langit sa piling mo,
advertisement, or imprint of any nature on the National Flag; Aming ligaya na pag may mang-aapi,
g To print, paint or attach representation of the National Flag on Ang mamatay ng dahil sa iyo.
handkerchiefs, napkins, cushions, and articles of merchandise;
h. To display in public any foreign flag, except in embassies and SECTION 42. The rendition of the National Anthem, whether
other diplomatic establishments, and in offices of international played or sung, shall be in accordance with the musical
organizations; arrangement and composition of Julian Felipe and in accordance
i. To use or display or be part of any advertisement or with its original Filipino lyrics and march tempo that was
infomercial; and adopted under Department Order No. 5 dated May 26, 1956
j. To display the National Flag in front of buildings or offices covered by Circular No. 21 dated June 22, 1956 and Executive
occupied by aliens. Order No. 60 dated December 19, 1963.

RULE 4 B. Conduct in Relation to the National Anthem

CHAPTER II SECTION 43. When the National. Anthem is played at a public
The National Anthem gathering, whether by a band or by singing or both, or
SECTION 40. The National Anthem is entitled Lupang Hinirang. reproduced by any means, the attending public shall sing the
anthem. The singing must be done with fervor. As a sign of
SECTION 41. The National Anthem shall always be sung in the respect, all persons shall stand at attention and face the
national language within or outside the country. The following National Flag, if there is one displayed, and if there is none,
shall be the lyrics of the National Anthem: they shall face the band or the conductor. At the first note, all
Bayang Magiliw persons shall execute a salute by placing their right palms over
Perlas ng Silanganan, their chests. Those in military, scouting, citizen's military
Alab ng puso training and security guard uniforms shall give the salute
Sa Dibdib mo'y buhay. prescribed by their regulations. The salute shall be completed
Lupang Hinirang upon the last note of the National Anthem. When the National
Duyan ka ng magiting, Anthem is to be played or sung with the Anthem of any other
Sa manlulupig. country, the National Anthem shall be sung first. The National
Di ka pasisiil. Anthem shall not be played or sung for mere recreation,
amusement or entertainment purposes except on the following RULE 7
occasions: CHAPTER V
a. International competitions where the Philippines is the host The Great Seal
or has a representative; SECTION 47. The Great Seal shall be circular in form, with the
b. National or local competitions; arms as described in the preceding section, but without the
c. During the "signing of" and "signing on" of radio broadcasting scroll and the inscription "Republika ng Pilipinas" thereon.
and television stations; Surrounding the whole shall be a double marginal circle within
d. Before the initial and last screening of films or before the which shall appear the words "Republika ng Pilipinas."
opening of theater performances; The Great Seal shall bear the National Motto.
e. Civic activities, cultural shows or presentations; and
f. Other occasions as may be allowed by the Institute. SECTION 48. The Great Seal shall be affixed to or placed upon
SECTION 44. All officials and employees of the national and all commissions signed by the President and upon such other
local governments, and any agencies or instrumentalities official documents and papers of the Republic of the Philippines
thereof, including government-owned or controlled as may be provided by law, or as may be required by custom
corporations, institutions of learning, and privately-owned and usage. The President shall have custody of the Great Seal.
entities or offices displaying the National Flag are hereby
directed to comply strictly with the rules prescribed for the RULE 8
rendition of the National Anthem. CHAPTER VI
Official Seals and Other Heraldic Items and Devices
RULE 5 SECTION 49. Any branch of the government, whether national
CHAPTER III or local, government-owned or controlled corporations, state
The National Motto colleges and universities, including the military, may adopt
SECTION 45. The National Motto shall be "MAKA-DIYOS, MAKA- appropriate coat-of-arms, seal, logo, insignia, badge, patches,
TAO, banners and initiate awards, trophies, citations, orders or
MAKAKALIKASAN AT MAKABANSA." decorations, as may be authorized by the Office of the President
or by Congress.
RULE 6
CHAPTER IV SECTION 50. These heraldic devices and items shall be filed
National Coat-of-Arms with the Institute for recording and evaluation as to
SECTION 46. The National Coat-of-Arms shall have: Paleways of precedence, design, customs and traditions. The application for
two (2) pieces, azure and gules; a chief argent studded with approval of design and specification of the proposed heraldic
three (3) mullets equidistant from each other; and, in point of items and devices shall be supported with the following
honor, ovoid argent over all the sun rayon ant with eight minor documents:
and lesser rays. Beneath shall be the scroll with the words a. Orders, or any forms of grants, laws of authority or creations;
"REPUBLIKA NG PILIPINAS," inscribed thereon. b. Brief historical background, symbolism, and significance of
every design component; and
c. Photographs of existing structures, objects, spots, etc. to be j. The use of the National Flag is prohibited except where the
incorporated in the design. flag has become part of its history;
The Institute shall recommend such heraldic design together k. The motto, title or phrase to be incorporated in the heraldic
with the needed documents to the Office of the President or items and devices may be in the national language or in any
Congress for final approval. The approved design shall be local dialect; and
returned to the Institute for proper recording in the National l. These heraldic items and devices shall not be revised or
Registry of Heraldic Items and Devices and for transmittal to changed more than once every ten (10) years.
the requesting government entity.
SECTION 52. All government entities including the military are
SECTION 51. To conform to the basic heraldic traditions, the hereby ordered to purchase all Heraldic Items and Devices from
following shall be observed in the design, creation, modification, manufacturers accredited and authorized by the Institute.
revision and approval of heraldic items and devices:
a. It may feature either abstract or natural emblems/visuals, SECTION 53. Engravers or manufacturers shall apply for annual
representing significant aspects, or events representative or accreditation at the Institute. Together with their application,
related to its history, mandates, duties, functions and visions; they will also submit copies of business license, permit,
b. Components of heraldic designs must feature indigenous company profile with list of Heraldic Items and Devices they
Filipino culture, values, history, traditions and sense of made for the year and other pertinent documents.
nationalism; CHDTIS Such items and devices shall be subject to inspection by the
c. Every component must be recognizable as if it is rendered or purchasing agency's internal inspector and the COA
reduced to its normal required sizes; representative using the design and specifications approved by
d. No personal heraldic devices shall be allowed except the Seal the Office of the President or by Congress, through the
of the President and the Institute. Any violation of R.A. No. 8491 or these Rules shall be
Vice-President; a ground for suspension, revocation or non-renewal of
e. Symbols, names, initials, logos, pictures, silhouettes or accreditation.
images of living persons shall
not be featured in the design; SECTION 54. No government official or employee shall accept
f. The name of the government entity or title of heraldic items any orders or decorations from any foreign government without
and devices must be in prominent position; the consent of Congress, and without the prior evaluation and
g. All heraldic items and devices, including ribbons or sashes, documentation of such order or decoration by the Institute.
must be unique from each other;
h. The National Coat-of-Arms, which may or may not include SECTION 55. Heraldic and Vexillary designs and/or items,
the scroll, when used as the main part or as a component of the including the National Motto, National Anthem and Pledge of
seal, must occupy the place of honor. It shall be used only by Allegiance to the National Flag shall not be used or employed
the major branches of the government; for numismatic, philatelic, advertisement and/or any informative
i. In using the National Coat-of-Arms or the Great Seal for purposes unless duly approved in writing by the Institute,
numismatic purposes, wet or dry seals and painted or printed in through its Heraldry and Display Section.
monochrome, tincture representations shall be used;
RULE 9
CHAPTER VII
Penalties
SECTION 56. Failure or refusal to observe the provisions of R.A.
No. 8491, and/or any violation of these Rules shall, after proper
notice and hearing, be penalized as stipulated in R.A. No. 8491.

RULE 10
CHAPTER VIII
Effectivity
SECTION 57. Effectivity. — These Rules shall be effective fifteen
(15) days after the approval of the Office of the President and
filing with Congress of the Philippines and the University of the
Philippines Law Center.

RULE 11
CHAPTER IX
Amendment of Rules
SECTION 58. Amendments. — The Chairman and Executive
Director shall have the authority to amend, revise, repeal, or
otherwise modify these RULES or any provision thereof, as may
be deemed necessary to achieve the objectives of the R.A. No.
8491 and these Rules.
REPUBLIC ACT NO. 9165 ARTICLE I
AN ACT INSTITUTING THE COMPREHENSIVE DANGEROUS Definition of terms
DRUGS ACT OF 2002, REPEALING REPUBLIC ACT NO. 6425, Section 3. Definitions. As used in this Act, the following terms
OTHERWISE KNOWN AS THE DANGEROUS DRUGS ACT OF shall mean:
1972, AS AMENDED, PROVIDING FUNDS THEREFOR, AND FOR (a) Administer. – Any act of introducing any dangerous drug
OTHER PURPOSES into the body of any person, with or without his/her knowledge,
by injection, inhalation, ingestion or other means, or of
Section 1. Short Title. – This Act shall be known and cited as committing any act of indispensable assistance to a person in
the "Comprehensive Dangerous Drugs Act of 2002". administering a dangerous drug to himself/herself unless
administered by a duly licensed practitioner for purposes of
Section 2. Declaration of Policy. – It is the policy of the State to medication.
safeguard the integrity of its territory and the well-being of its (b) Board. - Refers to the Dangerous Drugs Board under Section
citizenry particularly the youth, from the harmful effects of 77, Article IX of this Act.
dangerous drugs on their physical and mental well-being, and to (c) Centers. - Any of the treatment and rehabilitation centers for
defend the same against acts or omissions detrimental to their drug dependents referred to in Section 34, Article VIII of this
development and preservation. In view of the foregoing, the Act.
State needs to enhance further the efficacy of the law against (d) Chemical Diversion. – The sale, distribution, supply or
dangerous drugs, it being one of today's more serious social ills. transport of legitimately imported, in-transit, manufactured or
Toward this end, the government shall pursue an intensive and procured controlled precursors and essential chemicals, in
unrelenting campaign against the trafficking and use of diluted, mixtures or in concentrated form, to any person or
dangerous drugs and other similar substances through an entity engaged in the manufacture of any dangerous drug, and
integrated system of planning, implementation and enforcement shall include packaging, repackaging, labeling, relabeling or
of anti-drug abuse policies, programs, and projects. The concealment of such transaction through fraud, destruction of
government shall however aim to achieve a balance in the documents, fraudulent use of permits, misdeclaration, use of
national drug control program so that people with legitimate front companies or mail fraud.
medical needs are not prevented from being treated with (e) Clandestine Laboratory. – Any facility used for the illegal
adequate amounts of appropriate medications, which include manufacture of any dangerous drug and/or controlled precursor
the use of dangerous drugs. and essential chemical.
It is further declared the policy of the State to provide effective (f) Confirmatory Test. – An analytical test using a device, tool or
mechanisms or measures to re-integrate into society individuals equipment with a different chemical or physical principle that is
who have fallen victims to drug abuse or dangerous drug more specific which will validate and confirm the result of the
dependence through sustainable programs of treatment and screening test.
rehabilitation. (g) Controlled Delivery. – The investigative technique of
allowing an unlawful or suspect consignment of any dangerous
drug and/or controlled precursor and essential chemical,
equipment or paraphernalia, or property believed to be derived
directly or indirectly from any offense, to pass into, through or
out of the country under the supervision of an authorized (o) Drug Syndicate. – Any organized group of two (2) or more
officer, with a view to gathering evidence to identify any person persons forming or joining together with the intention of
involved in any dangerous drugs related offense, or to facilitate committing any offense prescribed under this Act.
prosecution of that offense. (p) Employee of Den, Dive or Resort. – The caretaker, helper,
(h) Controlled Precursors and Essential Chemicals. – Include watchman, lookout, and other persons working in the den, dive
those listed in Tables I and II of the 1988 UN Convention or resort, employed by the maintainer, owner and/or operator
Against Illicit Traffic in Narcotic Drugs and Psychotropic where any dangerous drug and/or controlled precursor and
Substances as enumerated in the attached annex, which is an essential chemical is administered, delivered, distributed, sold or
integral part of this Act. used, with or without compensation, in connection with the
(i) Cultivate or Culture. – Any act of knowingly planting, operation thereof.
growing, raising, or permitting the planting, growing or raising (q) Financier. – Any person who pays for, raises or supplies
of any plant which is the source of a dangerous drug. money for, or underwrites any of the illegal activities prescribed
(j) Dangerous Drugs. – Include those listed in the Schedules under this Act.
annexed to the 1961 Single Convention on Narcotic Drugs, as (r) Illegal Trafficking. – The illegal cultivation, culture, delivery,
amended by the 1972 Protocol, and in the Schedules annexed administration, dispensation, manufacture, sale, trading,
to the 1971 Single Convention on Psychotropic Substances as transportation, distribution, importation, exportation and
enumerated in the attached annex which is an integral part of possession of any dangerous drug and/or controlled precursor
this Act. and essential chemical.
(k) Deliver. – Any act of knowingly passing a dangerous drug to (s) Instrument. – Anything that is used in or intended to be
another, personally or otherwise, and by any means, with or used in any manner in the commission of illegal drug trafficking
without consideration. or related offenses.
(l) Den, Dive or Resort. – A place where any dangerous drug (t) Laboratory Equipment. – The paraphernalia, apparatus,
and/or controlled precursor and essential chemical is materials or appliances when used, intended for use or
administered, delivered, stored for illegal purposes, distributed, designed for use in the manufacture of any dangerous drug
sold or used in any form. and/or controlled precursor and essential chemical, such as
(m) Dispense. – Any act of giving away, selling or distributing reaction vessel, preparative/purifying equipment, fermentors,
medicine or any dangerous drug with or without the use of separatory funnel, flask, heating mantle, gas generator, or their
prescription. substitute.
(n) Drug Dependence. – As based on the World Health (u) Manufacture. – The production, preparation, compounding
Organization definition, it is a cluster of physiological, behavioral or processing of any dangerous drug and/or controlled
and cognitive phenomena of variable intensity, in which the use precursor and essential chemical, either directly or indirectly or
of psychoactive drug takes on a high priority thereby involving, by extraction from substances of natural origin, or
among others, a strong desire or a sense of compulsion to take independently by means of chemical synthesis or by a
the substance and the difficulties in controlling substance-taking combination of extraction and chemical synthesis, and shall
behavior in terms of its onset, termination, or levels of use. include any packaging or repackaging of such substances,
design or configuration of its form, or labeling or relabeling of
its container; except that such terms do not include the
preparation, compounding, packaging or labeling of a drug or thereof, or substances derived therefrom, even for floral,
other substances by a duly authorized practitioner as an decorative and culinary purposes.
incident to his/her administration or dispensation of such drug (aa) PDEA. – Refers to the Philippine Drug Enforcement Agency
or substance in the course of his/her professional practice under Section 82, Article IX of this Act.
including research, teaching and chemical analysis of dangerous (bb) Person. – Any entity, natural or juridical, including among
drugs or such substances that are not intended for sale or for others, a corporation, partnership, trust or estate, joint stock
any other purpose. company, association, syndicate, joint venture or other
(v) Cannabis or commonly known as "Marijuana" or "Indian unincorporated organization or group capable of acquiring rights
Hemp" or by its any other name. – Embraces every kind, class, or entering into obligations.
genus, or specie of the plant Cannabis sativa L. including, but (cc) Planting of Evidence. – The willful act by any person of
not limited to, Cannabis americana, hashish, bhang, guaza, maliciously and surreptitiously inserting, placing, adding or
churrus and ganjab, and embraces every kind, class and attaching directly or indirectly, through any overt or covert act,
character of marijuana, whether dried or fresh and flowering, whatever quantity of any dangerous drug and/or controlled
flowering or fruiting tops, or any part or portion of the plant and precursor and essential chemical in the person, house, effects
seeds thereof, and all its geographic varieties, whether as a or in the immediate vicinity of an innocent individual for the
reefer, resin, extract, tincture or in any form whatsoever. purpose of implicating, incriminating or imputing the
(w) Methylenedioxymethamphetamine (MDMA) or commonly commission of any violation of this Act.
known as "Ecstasy", or by its any other name. – Refers to the (dd) Practitioner. – Any person who is a licensed physician,
drug having such chemical composition, including any of its dentist, chemist, medical technologist, nurse, midwife,
isomers or derivatives in any form. veterinarian or pharmacist in the Philippines.
(x) Methamphetamine Hydrochloride or commonly known as (ee) Protector/Coddler. – Any person who knowingly and
"Shabu", "Ice", "Meth", or by its any other name. – Refers to willfully consents to the unlawful acts provided for in this Act
the drug having such chemical composition, including any of its and uses his/her influence, power or position in shielding,
isomers or derivatives in any form. harboring, screening or facilitating the escape of any person
(y) Opium. – Refers to the coagulated juice of the opium poppy he/she knows, or has reasonable grounds to believe on or
(Papaver somniferum L.) and embraces every kind, class and suspects, has violated the provisions of this Act in order to
character of opium, whether crude or prepared; the ashes or prevent the arrest, prosecution and conviction of the violator.
refuse of the same; narcotic preparations thereof or therefrom; (ff) Pusher. – Any person who sells, trades, administers,
morphine or any alkaloid of opium; preparations in which dispenses, delivers or gives away to another, on any terms
opium, morphine or any alkaloid of opium enters as an whatsoever, or distributes, dispatches in transit or transports
ingredient; opium poppy; opium poppy straw; and leaves or dangerous drugs or who acts as a broker in any of such
wrappings of opium leaves, whether prepared for use or not. transactions, in violation of this Act.
(z) Opium Poppy. – Refers to any part of the plant of the (gg) School. – Any educational institution, private or public,
species Papaver somniferum L., Papaver setigerum DC, Papaver undertaking educational operation for pupils/students pursuing
orientale, Papaver bracteatum and Papaver rhoeas, which certain studies at defined levels, receiving instructions from
includes the seeds, straws, branches, leaves or any part teachers, usually located in a building or a group of buildings in
a particular physical or cyber site.
(hh) Screening Test. – A rapid test performed to establish The maximum penalty provided for under this Section shall be
potential/presumptive positive result. imposed upon any person, who, unless authorized under this
(ii) Sell. – Any act of giving away any dangerous drug and/or Act, shall import or bring into the Philippines any dangerous
controlled precursor and essential chemical whether for money drug and/or controlled precursor and essential chemical through
or any other consideration. the use of a diplomatic passport, diplomatic facilities or any
(jj) Trading. – Transactions involving the illegal trafficking of other means involving his/her official status intended to
dangerous drugs and/or controlled precursors and essential facilitate the unlawful entry of the same. In addition, the
chemicals using electronic devices such as, but not limited to, diplomatic passport shall be confiscated and canceled.
text messages, email, mobile or landlines, two-way radios, The maximum penalty provided for under this Section shall be
internet, instant messengers and chat rooms or acting as a imposed upon any person, who organizes, manages or acts as a
broker in any of such transactions whether for money or any "financier" of any of the illegal activities prescribed in this
other consideration in violation of this Act. Section.
(kk) Use. – Any act of injecting, intravenously or The penalty of twelve (12) years and one (1) day to twenty (20)
intramuscularly, of consuming, either by chewing, smoking, years of imprisonment and a fine ranging from One hundred
sniffing, eating, swallowing, drinking or otherwise introducing thousand pesos (P100,000.00) to Five hundred thousand pesos
into the physiological system of the body, and of the dangerous (P500,000.00) shall be imposed upon any person, who acts as a
drugs. "protector/coddler" of any violator of the provisions under this
Section.
ARTICLE II Section 5. Sale, Trading, Administration, Dispensation, Delivery,
Unlawful Acts and Penalties Distribution and Transportation of Dangerous Drugs and/or
Section 4. Importation of Dangerous Drugs and/or Controlled Controlled Precursors and Essential Chemicals. - The penalty of
Precursors and Essential Chemicals.- .The penalty of life life imprisonment to death and a fine ranging from Five hundred
imprisonment to death and a ranging from Five hundred thousand pesos (P500,000.00) to Ten million pesos
thousand pesos (P500,000.00) to Ten million pesos (P10,000,000.00) shall be imposed upon any person, who,
(P10,000,000.00) shall be imposed upon any person, who, unless authorized by law, shall sell, trade, administer, dispense,
unless authorized by law, shall import or bring into the deliver, give away to another, distribute dispatch in transit or
Philippines any dangerous drug, regardless of the quantity and transport any dangerous drug, including any and all species of
purity involved, including any and all species of opium poppy or opium poppy regardless of the quantity and purity involved, or
any part thereof or substances derived therefrom even for shall act as a broker in any of such transactions.
floral, decorative and culinary purposes. The penalty of imprisonment ranging from twelve (12) years
The penalty of imprisonment ranging from twelve (12) years and one (1) day to twenty (20) years and a fine ranging from
and one (1) day to twenty (20) years and a fine ranging from One hundred thousand pesos (P100,000.00) to Five hundred
One hundred thousand pesos (P100,000.00) to Five hundred thousand pesos (P500,000.00) shall be imposed upon any
thousand pesos (P500,000.00) shall be imposed upon any person, who, unless authorized by law, shall sell, trade,
person, who, unless authorized by law, shall import any administer, dispense, deliver, give away to another, distribute,
controlled precursor and essential chemical. dispatch in transit or transport any controlled precursor and
essential chemical, or shall act as a broker in such transactions.
If the sale, trading, administration, dispensation, delivery, resort where any controlled precursor and essential chemical is
distribution or transportation of any dangerous drug and/or used or sold in any form.
controlled precursor and essential chemical transpires within The maximum penalty provided for under this Section shall be
one hundred (100) meters from the school, the maximum imposed in every case where any dangerous drug is
penalty shall be imposed in every case. administered, delivered or sold to a minor who is allowed to use
For drug pushers who use minors or mentally incapacitated the same in such a place.
individuals as runners, couriers and messengers, or in any other Should any dangerous drug be the proximate cause of the
capacity directly connected to the dangerous drugs and/or death of a person using the same in such den, dive or resort,
controlled precursors and essential chemical trade, the the penalty of death and a fine ranging from One million
maximum penalty shall be imposed in every case. (P1,000,000.00) to Fifteen million pesos (P500,000.00) shall be
If the victim of the offense is a minor or a mentally imposed on the maintainer, owner and/or operator.
incapacitated individual, or should a dangerous drug and/or a If such den, dive or resort is owned by a third person, the same
controlled precursor and essential chemical involved in any shall be confiscated and escheated in favor of the
offense herein provided be the proximate cause of death of a government: Provided, That the criminal complaint shall
victim thereof, the maximum penalty provided for under this specifically allege that such place is intentionally used in the
Section shall be imposed. furtherance of the crime: Provided, further, That the
The maximum penalty provided for under this Section shall be prosecution shall prove such intent on the part of the owner to
imposed upon any person who organizes, manages or acts as a use the property for such purpose: Provided, finally, That the
"financier" of any of the illegal activities prescribed in this owner shall be included as an accused in the criminal complaint.
Section. The maximum penalty provided for under this Section shall be
The penalty of twelve (12) years and one (1) day to twenty (20) imposed upon any person who organizes, manages or acts as a
years of imprisonment and a fine ranging from One hundred "financier" of any of the illegal activities prescribed in this
thousand pesos (P100,000.00) to Five hundred thousand pesos Section.
(P500,000.00) shall be imposed upon any person, who acts as a The penalty twelve (12) years and one (1) day to twenty (20)
"protector/coddler" of any violator of the provisions under this years of imprisonment and a fine ranging from One hundred
Section. thousand pesos (P100,000.00) to Five hundred thousand pesos
Section 6. Maintenance of a Den, Dive or Resort. - The penalty (P500,000.00) shall be imposed upon any person, who acts as a
of life imprisonment to death and a fine ranging from Five "protector/coddler" of any violator of the provisions under this
hundred thousand pesos (P500,000.00) to Ten million pesos Section.
(P10,000,000.00) shall be imposed upon any person or group of Section 7. Employees and Visitors of a Den, Dive or Resort. -
persons who shall maintain a den, dive or resort where any The penalty of imprisonment ranging from twelve (12) years
dangerous drug is used or sold in any form. and one (1) day to twenty (20) years and a fine ranging from
The penalty of imprisonment ranging from twelve (12) years One hundred thousand pesos (P100,000.00) to Five hundred
and one (1) day to twenty (20) years and a fine ranging from thousand pesos (P500,000.00) shall be imposed upon:
One hundred thousand pesos (P100,000.00) to Five hundred (a) Any employee of a den, dive or resort, who is aware of the
thousand pesos (P500,000.00) shall be imposed upon any nature of the place as such; and
person or group of persons who shall maintain a den, dive, or
(b) Any person who, not being included in the provisions of the The penalty of twelve (12) years and one (1) day to twenty (20)
next preceding, paragraph, is aware of the nature of the place years of imprisonment and a fine ranging from One hundred
as such and shall knowingly visit the same thousand pesos (P100,000.00) to Five hundred thousand pesos
Section 8. Manufacture of Dangerous Drugs and/or Controlled (P500,000.00) shall be imposed upon any person, who acts as a
Precursors and Essential Chemicals. - The penalty of life "protector/coddler" of any violator of the provisions under this
imprisonment to death and a fine ranging Five hundred Section.
thousand pesos (P500,000.00) to Ten million pesos Section 9. Illegal Chemical Diversion of Controlled Precursors
(P10,000,000.00) shall be imposed upon any person, who, and Essential Chemicals. - The penalty of imprisonment ranging
unless authorized by law, shall engage in the manufacture of from twelve (12) years and one (1) day to twenty (20) years
any dangerous drug. and a fine ranging from One hundred thousand pesos
The penalty of imprisonment ranging from twelve (12) years (P100,000.00) to Five hundred thousand pesos (P500,000.00)
and one (1) day to twenty (20) years and a fine ranging from shall be imposed upon any person, who, unless authorized by
One hundred thousand pesos (P100,000.00) to Five hundred law, shall illegally divert any controlled precursor and essential
thousand pesos (P500,000.00) shall be imposed upon any chemical.
person, who, unless authorized by law, shall manufacture any Section 10. Manufacture or Delivery of Equipment, Instrument,
controlled precursor and essential chemical. Apparatus, and Other Paraphernalia for Dangerous Drugs
The presence of any controlled precursor and essential chemical and/or Controlled Precursors and Essential Chemicals. - The
or laboratory equipment in the clandestine laboratory is a prima penalty of imprisonment ranging from twelve (12) years and
facie proof of manufacture of any dangerous drug. It shall be one (1) day to twenty (20) years and a fine ranging from One
considered an aggravating circumstance if the clandestine hundred thousand pesos (P100,000.00) to Five hundred
laboratory is undertaken or established under the following thousand pesos (P500,000.00) shall be imposed upon any
circumstances: person who shall deliver, possess with intent to deliver, or
(a) Any phase of the manufacturing process was conducted in manufacture with intent to deliver equipment, instrument,
the presence or with the help of minor/s: apparatus and other paraphernalia for dangerous drugs,
(b) Any phase or manufacturing process was established or knowing, or under circumstances where one reasonably should
undertaken within one hundred (100) meters of a residential, know, that it will be used to plant, propagate, cultivate, grow,
business, church or school premises; harvest, manufacture, compound, convert, produce, process,
(c) Any clandestine laboratory was secured or protected with prepare, test, analyze, pack, repack, store, contain or conceal
booby traps; any dangerous drug and/or controlled precursor and essential
(d) Any clandestine laboratory was concealed with legitimate chemical in violation of this Act.
business operations; or The penalty of imprisonment ranging from six (6) months and
(e) Any employment of a practitioner, chemical engineer, public one (1) day to four (4) years and a fine ranging from Ten
official or foreigner. thousand pesos (P10,000.00) to Fifty thousand pesos
The maximum penalty provided for under this Section shall be (P50,000.00) shall be imposed if it will be used to inject, ingest,
imposed upon any person, who organizes, manages or acts as a inhale or otherwise introduce into the human body a dangerous
"financier" of any of the illegal activities prescribed in this drug in violation of this Act.
Section.
The maximum penalty provided for under this Section shall be (2) Imprisonment of twenty (20) years and one (1) day to life
imposed upon any person, who uses a minor or a mentally imprisonment and a fine ranging from Four hundred thousand
incapacitated individual to deliver such equipment, instrument, pesos (P400,000.00) to Five hundred thousand pesos
apparatus and other paraphernalia for dangerous drugs. (P500,000.00), if the quantities of dangerous drugs are five (5)
Section 11. Possession of Dangerous Drugs. - The penalty of life grams or more but less than ten (10) grams of opium,
imprisonment to death and a fine ranging from Five hundred morphine, heroin, cocaine or cocaine hydrochloride, marijuana
thousand pesos (P500,000.00) to Ten million pesos resin or marijuana resin oil, methamphetamine hydrochloride or
(P10,000,000.00) shall be imposed upon any person, who, "shabu", or other dangerous drugs such as, but not limited to,
unless authorized by law, shall possess any dangerous drug in MDMA or "ecstasy", PMA, TMA, LSD, GHB, and those similarly
the following quantities, regardless of the degree of purity designed or newly introduced drugs and their derivatives,
thereof: without having any therapeutic value or if the quantity
(1) 10 grams or more of opium; possessed is far beyond therapeutic requirements; or three
(2) 10 grams or more of morphine; hundred (300) grams or more but less than five (hundred) 500)
(3) 10 grams or more of heroin; grams of marijuana; and
(4) 10 grams or more of cocaine or cocaine hydrochloride; (3) Imprisonment of twelve (12) years and one (1) day to
(5) 50 grams or more of methamphetamine hydrochloride or twenty (20) years and a fine ranging from Three hundred
"shabu"; thousand pesos (P300,000.00) to Four hundred thousand pesos
(6) 10 grams or more of marijuana resin or marijuana resin oil; (P400,000.00), if the quantities of dangerous drugs are less
(7) 500 grams or more of marijuana; and than five (5) grams of opium, morphine, heroin, cocaine or
(8) 10 grams or more of other dangerous drugs such as, but cocaine hydrochloride, marijuana resin or marijuana resin oil,
not limited to, methylenedioxymethamphetamine (MDA) or methamphetamine hydrochloride or "shabu", or other
"ecstasy", paramethoxyamphetamine (PMA), dangerous drugs such as, but not limited to, MDMA or
trimethoxyamphetamine (TMA), lysergic acid diethylamine "ecstasy", PMA, TMA, LSD, GHB, and those similarly designed or
(LSD), gamma hydroxyamphetamine (GHB), and those similarly newly introduced drugs and their derivatives, without having
designed or newly introduced drugs and their derivatives, any therapeutic value or if the quantity possessed is far beyond
without having any therapeutic value or if the quantity therapeutic requirements; or less than three hundred (300)
possessed is far beyond therapeutic requirements, as grams of marijuana.
determined and promulgated by the Board in accordance to Section 12. Possession of Equipment, Instrument, Apparatus
Section 93, Article XI of this Act. and Other Paraphernalia for Dangerous Drugs. - The penalty of
Otherwise, if the quantity involved is less than the foregoing imprisonment ranging from six (6) months and one (1) day to
quantities, the penalties shall be graduated as follows: four (4) years and a fine ranging from Ten thousand pesos
(1) Life imprisonment and a fine ranging from Four hundred (P10,000.00) to Fifty thousand pesos (P50,000.00) shall be
thousand pesos (P400,000.00) to Five hundred thousand pesos imposed upon any person, who, unless authorized by law, shall
(P500,000.00), if the quantity of methamphetamine possess or have under his/her control any equipment,
hydrochloride or "shabu" is ten (10) grams or more but less instrument, apparatus and other paraphernalia fit or intended
than fifty (50) grams; for smoking, consuming, administering, injecting, ingesting, or
introducing any dangerous drug into the body: Provided, That in
the case of medical practitioners and various professionals who day to twelve (12) years and a fine ranging from Fifty thousand
are required to carry such equipment, instrument, apparatus pesos (P50,000.00) to Two hundred thousand pesos
and other paraphernalia in the practice of their profession, the (P200,000.00): Provided, That this Section shall not be
Board shall prescribe the necessary implementing guidelines applicable where the person tested is also found to have in
thereof. his/her possession such quantity of any dangerous drug
The possession of such equipment, instrument, apparatus and provided for under Section 11 of this Act, in which case the
other paraphernalia fit or intended for any of the purposes provisions stated therein shall apply.
enumerated in the preceding paragraph shall be prima Section 16. Cultivation or Culture of Plants Classified as
facie evidence that the possessor has smoked, consumed, Dangerous Drugs or are Sources Thereof. - The penalty of life
administered to himself/herself, injected, ingested or used a imprisonment to death and a fine ranging from Five hundred
dangerous drug and shall be presumed to have violated Section thousand pesos (P500,000.00) to Ten million pesos
15 of this Act. (P10,000,000.00) shall be imposed upon any person, who shall
Section 13. Possession of Dangerous Drugs During Parties, plant, cultivate or culture marijuana, opium poppy or any other
Social Gatherings or Meetings. – Any person found possessing plant regardless of quantity, which is or may hereafter be
any dangerous drug during a party, or at a social gathering or classified as a dangerous drug or as a source from which any
meeting, or in the proximate company of at least two (2) dangerous drug may be manufactured or derived: Provided,
persons, shall suffer the maximum penalties provided for in That in the case of medical laboratories and medical research
Section 11 of this Act, regardless of the quantity and purity of centers which cultivate or culture marijuana, opium poppy and
such dangerous drugs. other plants, or materials of such dangerous drugs for medical
Section 14. Possession of Equipment, Instrument, Apparatus experiments and research purposes, or for the creation of new
and Other Paraphernalia for Dangerous Drugs During Parties, types of medicine, the Board shall prescribe the necessary
Social Gatherings or Meetings. - The maximum penalty provided implementing guidelines for the proper cultivation, culture,
for in Section 12 of this Act shall be imposed upon any person, handling, experimentation and disposal of such plants and
who shall possess or have under his/her control any equipment, materials.
instrument, apparatus and other paraphernalia fit or intended The land or portions thereof and/or greenhouses on which any
for smoking, consuming, administering, injecting, ingesting, or of said plants is cultivated or cultured shall be confiscated and
introducing any dangerous drug into the body, during parties, escheated in favor of the State, unless the owner thereof can
social gatherings or meetings, or in the proximate company of prove lack of knowledge of such cultivation or culture despite
at least two (2) persons. the exercise of due diligence on his/her part. If the land
Section 15. Use of Dangerous Drugs. – A person apprehended involved is part of the public domain, the maximum penalty
or arrested, who is found to be positive for use of any provided for under this Section shall be imposed upon the
dangerous drug, after a confirmatory test, shall be imposed a offender.
penalty of a minimum of six (6) months rehabilitation in a The maximum penalty provided for under this Section shall be
government center for the first offense, subject to the imposed upon any person, who organizes, manages or acts as a
provisions of Article VIII of this Act. If apprehended using any "financier" of any of the illegal activities prescribed in this
dangerous drug for the second time, he/she shall suffer the Section.
penalty of imprisonment ranging from six (6) years and one (1)
The penalty of twelve (12) years and one (1) day to twenty (20) pesos (P10,000,000.00) shall be imposed upon any person,
years of imprisonment and a fine ranging from One hundred who, unless authorized by law, shall make or issue a
thousand pesos (P100,000.00) to Five hundred thousand pesos prescription or any other writing purporting to be a prescription
(P500,000.00) shall be imposed upon any person, who acts as a for any dangerous drug.
"protector/coddler" of any violator of the provisions under this Section 20. Confiscation and Forfeiture of the Proceeds or
Section. Instruments of the Unlawful Act, Including the Properties or
Section 17. Maintenance and Keeping of Original Records of Proceeds Derived from the Illegal Trafficking of Dangerous
Transactions on Dangerous Drugs and/or Controlled Precursors Drugs and/or Precursors and Essential Chemicals. – Every
and Essential Chemicals. - The penalty of imprisonment ranging penalty imposed for the unlawful importation, sale, trading,
from one (1) year and one (1) day to six (6) years and a fine administration, dispensation, delivery, distribution,
ranging from Ten thousand pesos (P10,000.00) to Fifty transportation or manufacture of any dangerous drug and/or
thousand pesos (P50,000.00) shall be imposed upon any controlled precursor and essential chemical, the cultivation or
practitioner, manufacturer, wholesaler, importer, distributor, culture of plants which are sources of dangerous drugs, and the
dealer or retailer who violates or fails to comply with the possession of any equipment, instrument, apparatus and other
maintenance and keeping of the original records of transactions paraphernalia for dangerous drugs including other laboratory
on any dangerous drug and/or controlled precursor and equipment, shall carry with it the confiscation and forfeiture, in
essential chemical in accordance with Section 40 of this Act. favor of the government, of all the proceeds and properties
An additional penalty shall be imposed through the revocation derived from the unlawful act, including, but not limited to,
of the license to practice his/her profession, in case of a money and other assets obtained thereby, and the instruments
practitioner, or of the business, in case of a manufacturer, or tools with which the particular unlawful act was committed,
seller, importer, distributor, dealer or retailer. unless they are the property of a third person not liable for the
Section 18. Unnecessary Prescription of Dangerous Drugs. – unlawful act, but those which are not of lawful commerce shall
The penalty of imprisonment ranging from twelve (12) years be ordered destroyed without delay pursuant to the provisions
and one (1) day to twenty (20) years and a fine ranging from of Section 21 of this Act.
One hundred thousand pesos (P100,000.00) to Five hundred After conviction in the Regional Trial Court in the appropriate
thousand pesos (P500,000.00) and the additional penalty of the criminal case filed, the Court shall immediately schedule a
revocation of his/her license to practice shall be imposed upon hearing for the confiscation and forfeiture of all the proceeds of
the practitioner, who shall prescribe any dangerous drug to any the offense and all the assets and properties of the accused
person whose physical or physiological condition does not either owned or held by him or in the name of some other
require the use or in the dosage prescribed therein, as persons if the same shall be found to be manifestly out of
determined by the Board in consultation with recognized proportion to his/her lawful income: Provided, however, That if
competent experts who are authorized representatives of the forfeited property is a vehicle, the same shall be auctioned
professional organizations of practitioners, particularly those off not later than five (5) days upon order of confiscation or
who are involved in the care of persons with severe pain. forfeiture.
Section 19. Unlawful Prescription of Dangerous Drugs. – The During the pendency of the case in the Regional Trial Court, no
penalty of life imprisonment to death and a fine ranging from property, or income derived therefrom, which may be
Five hundred thousand pesos (P500,000.00) to Ten million confiscated and forfeited, shall be disposed, alienated or
transferred and the same shall be incustodia legis and no bond the receipt of the subject item/s: Provided, That when the
shall be admitted for the release of the same. volume of the dangerous drugs, plant sources of dangerous
The proceeds of any sale or disposition of any property drugs, and controlled precursors and essential chemicals does
confiscated or forfeited under this Section shall be used to pay not allow the completion of testing within the time frame, a
all proper expenses incurred in the proceedings for the partial laboratory examination report shall be provisionally
confiscation, forfeiture, custody and maintenance of the issued stating therein the quantities of dangerous drugs still to
property pending disposition, as well as expenses for publication be examined by the forensic laboratory:Provided, however, That
and court costs. The proceeds in excess of the above expenses a final certification shall be issued on the completed forensic
shall accrue to the Board to be used in its campaign against laboratory examination on the same within the next twenty-four
illegal drugs. (24) hours;
Section 21. Custody and Disposition of Confiscated, Seized, (4) After the filing of the criminal case, the Court shall, within
and/or Surrendered Dangerous Drugs, Plant Sources of seventy-two (72) hours, conduct an ocular inspection of the
Dangerous Drugs, Controlled Precursors and Essential confiscated, seized and/or surrendered dangerous drugs, plant
Chemicals, Instruments/Paraphernalia and/or Laboratory sources of dangerous drugs, and controlled precursors and
Equipment. – The PDEA shall take charge and have custody of essential chemicals, including the instruments/paraphernalia
all dangerous drugs, plant sources of dangerous drugs, and/or laboratory equipment, and through the PDEA shall within
controlled precursors and essential chemicals, as well as twenty-four (24) hours thereafter proceed with the destruction
instruments/paraphernalia and/or laboratory equipment so or burning of the same, in the presence of the accused or the
confiscated, seized and/or surrendered, for proper disposition in person/s from whom such items were confiscated and/or
the following manner: seized, or his/her representative or counsel, a representative
(1) The apprehending team having initial custody and control of from the media and the DOJ, civil society groups and any
the drugs shall, immediately after seizure and confiscation, elected public official. The Board shall draw up the guidelines on
physically inventory and photograph the same in the presence the manner of proper disposition and destruction of such item/s
of the accused or the person/s from whom such items were which shall be borne by the offender: Provided, That those
confiscated and/or seized, or his/her representative or counsel, item/s of lawful commerce, as determined by the Board, shall
a representative from the media and the Department of Justice be donated, used or recycled for legitimate purposes: Provided,
(DOJ), and any elected public official who shall be required to further, That a representative sample, duly weighed and
sign the copies of the inventory and be given a copy thereof; recorded is retained;
(2) Within twenty-four (24) hours upon confiscation/seizure of (5) The Board shall then issue a sworn certification as to the
dangerous drugs, plant sources of dangerous drugs, controlled fact of destruction or burning of the subject item/s which,
precursors and essential chemicals, as well as together with the representative sample/s in the custody of the
instruments/paraphernalia and/or laboratory equipment, the PDEA, shall be submitted to the court having jurisdiction over
same shall be submitted to the PDEA Forensic Laboratory for a the case. In all instances, the representative sample/s shall be
qualitative and quantitative examination; kept to a minimum quantity as determined by the Board;
(3) A certification of the forensic laboratory examination results, (6) The alleged offender or his/her representative or counsel
which shall be done under oath by the forensic laboratory shall be allowed to personally observe all of the above
examiner, shall be issued within twenty-four (24) hours after proceedings and his/her presence shall not constitute an
admission of guilt. In case the said offender or accused refuses imposed by the Court, cannot avail of the privilege granted by
or fails to appoint a representative after due notice in writing to the Probation Law or Presidential Decree No. 968, as amended.
the accused or his/her counsel within seventy-two (72) hours Section 25. Qualifying Aggravating Circumstances in the
before the actual burning or destruction of the evidence in Commission of a Crime by an Offender Under the Influence of
question, the Secretary of Justice shall appoint a member of the Dangerous Drugs. – Notwithstanding the provisions of any law
public attorney's office to represent the former; to the contrary, a positive finding for the use of dangerous
(7) After the promulgation and judgment in the criminal case drugs shall be a qualifying aggravating circumstance in the
wherein the representative sample/s was presented as evidence commission of a crime by an offender, and the application of
in court, the trial prosecutor shall inform the Board of the final the penalty provided for in the Revised Penal Code shall be
termination of the case and, in turn, shall request the court for applicable.
leave to turn over the said representative sample/s to the PDEA Section 26. Attempt or Conspiracy. – Any attempt or conspiracy
for proper disposition and destruction within twenty-four (24) to commit the following unlawful acts shall be penalized by the
hours from receipt of the same; and same penalty prescribed for the commission of the same as
(8) Transitory Provision: a) Within twenty-four (24) hours from provided under this Act:
the effectivity of this Act, dangerous drugs defined herein which (a) Importation of any dangerous drug and/or controlled
are presently in possession of law enforcement agencies shall, precursor and essential chemical;
with leave of court, be burned or destroyed, in the presence of (b) Sale, trading, administration, dispensation, delivery,
representatives of the Court, DOJ, Department of Health (DOH) distribution and transportation of any dangerous drug and/or
and the accused/and or his/her counsel, and, b) Pending the controlled precursor and essential chemical;
organization of the PDEA, the custody, disposition, and burning (c) Maintenance of a den, dive or resort where any dangerous
or destruction of seized/surrendered dangerous drugs provided drug is used in any form;
under this Section shall be implemented by the DOH. (d) Manufacture of any dangerous drug and/or controlled
Section 22. Grant of Compensation, Reward and Award. – The precursor and essential chemical; and
Board shall recommend to the concerned government agency (e) Cultivation or culture of plants which are sources of
the grant of compensation, reward and award to any person dangerous drugs.
providing information and to law enforcers participating in the Section 27. Criminal Liability of a Public Officer or Employee for
operation, which results in the successful confiscation, seizure Misappropriation, Misapplication or Failure to Account for the
or surrender of dangerous drugs, plant sources of dangerous Confiscated, Seized and/or Surrendered Dangerous Drugs, Plant
drugs, and controlled precursors and essential chemicals. Sources of Dangerous Drugs, Controlled Precursors and
Section 23. Plea-Bargaining Provision. – Any person charged Essential Chemicals, Instruments/Paraphernalia and/or
under any provision of this Act regardless of the imposable Laboratory Equipment Including the Proceeds or Properties
penalty shall not be allowed to avail of the provision on plea- Obtained from the Unlawful Act Committed. – The penalty of life
bargaining. imprisonment to death and a fine ranging from Five hundred
Section 24. Non-Applicability of the Probation Law for Drug thousand pesos (P500,000.00) to Ten million pesos
Traffickers and Pushers. – Any person convicted for drug (P10,000,000.00), in addition to absolute perpetual
trafficking or pushing under this Act, regardless of the penalty disqualification from any public office, shall be imposed upon
any public officer or employee who misappropriates, misapplies
or fails to account for confiscated, seized or surrendered importation, sale, trading, administration, dispensation, delivery,
dangerous drugs, plant sources of dangerous drugs, controlled distribution, transportation or manufacture of dangerous drugs,
precursors and essential chemicals, instruments/paraphernalia or chemical diversion, if such vehicle, vessel, aircraft, equipment
and/or laboratory equipment including the proceeds or or other instrument is owned by or under the control or
properties obtained from the unlawful acts as provided for in supervision of the partnership, corporation, association or
this Act. juridical entity to which they are affiliated.
Any elective local or national official found to have benefited Section 31. Additional Penalty if Offender is an Alien. – In
from the proceeds of the trafficking of dangerous drugs as addition to the penalties prescribed in the unlawful act
prescribed in this Act, or have received any financial or material committed, any alien who violates such provisions of this Act
contributions or donations from natural or juridical persons shall, after service of sentence, be deported immediately
found guilty of trafficking dangerous drugs as prescribed in this without further proceedings, unless the penalty is death.
Act, shall be removed from office and perpetually disqualified Section 32. Liability to a Person Violating Any Regulation Issued
from holding any elective or appointive positions in the by the Board. – The penalty of imprisonment ranging from six
government, its divisions, subdivisions, and intermediaries, (6) months and one (1) day to four (4) years and a fine ranging
including government-owned or –controlled corporations. from Ten thousand pesos (P10,000.00) to Fifty thousand pesos
Section 28. Criminal Liability of Government Officials and (P50,000.00) shall be imposed upon any person found violating
Employees. – The maximum penalties of the unlawful acts any regulation duly issued by the Board pursuant to this Act, in
provided for in this Act shall be imposed, in addition to absolute addition to the administrative sanctions imposed by the Board.
perpetual disqualification from any public office, if those found Section 33. Immunity from Prosecution and Punishment. –
guilty of such unlawful acts are government officials and Notwithstanding the provisions of Section 17, Rule 119 of the
employees. Revised Rules of Criminal Procedure and the provisions of
Section 29. Criminal Liability for Planting of Evidence. – Any Republic Act No. 6981 or the Witness Protection, Security and
person who is found guilty of "planting" any dangerous drug Benefit Act of 1991, any person who has violated Sections 7,
and/or controlled precursor and essential chemical, regardless 11, 12, 14, 15, and 19, Article II of this Act, who voluntarily
of quantity and purity, shall suffer the penalty of death. gives information about any violation of Sections 4, 5, 6, 8, 10,
Section 30. Criminal Liability of Officers of Partnerships, 13, and 16, Article II of this Act as well as any violation of the
Corporations, Associations or Other Juridical Entities. – In case offenses mentioned if committed by a drug syndicate, or any
any violation of this Act is committed by a partnership, information leading to the whereabouts, identities and arrest of
corporation, association or any juridical entity, the partner, all or any of the members thereof; and who willingly testifies
president, director, manager, trustee, estate administrator, or against such persons as described above, shall be exempted
officer who consents to or knowingly tolerates such violation from prosecution or punishment for the offense with reference
shall be held criminally liable as a co-principal. to which his/her information of testimony were given, and may
The penalty provided for the offense under this Act shall be plead or prove the giving of such information and testimony in
imposed upon the partner, president, director, manager, bar of such prosecution: Provided, That the following conditions
trustee, estate administrator, or officer who knowingly concur:
authorizes, tolerates or consents to the use of a vehicle, vessel, (1) The information and testimony are necessary for the
aircraft, equipment or other facility, as an instrument in the conviction of the persons described above;
(2) Such information and testimony are not yet in the In case the informant or witness referred to under this Act falls
possession of the State; under the applicability of this Section hereof, such individual
(3) Such information and testimony can be corroborated on its cannot avail of the provisions under Article VIII of this Act.
material points; Section 35. Accessory Penalties. – A person convicted under this
(4) the informant or witness has not been previously convicted Act shall be disqualified to exercise his/her civil rights such as
of a crime involving moral turpitude, except when there is no but not limited to, the rights of parental authority or
other direct evidence available for the State other than the guardianship, either as to the person or property of any ward,
information and testimony of said informant or witness; and the rights to dispose of such property by any act or any
(5) The informant or witness shall strictly and faithfully comply conveyance inter vivos, and political rights such as but not
without delay, any condition or undertaking, reduced into limited to, the right to vote and be voted for. Such rights shall
writing, lawfully imposed by the State as further consideration also be suspended during the pendency of an appeal from such
for the grant of immunity from prosecution and punishment. conviction.
Provided, further, That this immunity may be enjoyed by such
informant or witness who does not appear to be most guilty for ARTICLE III
the offense with reference to which his/her information or Dangerous Drugs Test and Record Requirements
testimony were given:Provided, finally, That there is no direct Section 36. Authorized Drug Testing. – Authorized drug testing
evidence available for the State except for the information and shall be done by any government forensic laboratories or by any
testimony of the said informant or witness. of the drug testing laboratories accredited and monitored by the
Section 34. Termination of the Grant of Immunity. – The DOH to safeguard the quality of test results. The DOH shall take
immunity granted to the informant or witness, as prescribed in steps in setting the price of the drug test with DOH accredited
Section 33 of this Act, shall not attach should it turn out drug testing centers to further reduce the cost of such drug
subsequently that the information and/or testimony is false, test. The drug testing shall employ, among others, two (2)
malicious or made only for the purpose of harassing, molesting testing methods, the screening test which will determine the
or in any way prejudicing the persons described in the positive result as well as the type of the drug used and the
preceding Section against whom such information or testimony confirmatory test which will confirm a positive screening test.
is directed against. In such case, the informant or witness shall Drug test certificates issued by accredited drug testing centers
be subject to prosecution and the enjoyment of all rights and shall be valid for a one-year period from the date of issue which
benefits previously accorded him under this Act or any other may be used for other purposes. The following shall be
law, decree or order shall be deemed terminated. subjected to undergo drug testing:
In case an informant or witness under this Act fails or refuses to (a) Applicants for driver's license. – No driver's license shall be
testify without just cause, and when lawfully obliged to do so, issued or renewed to any person unless he/she presents a
or should he/she violate any condition accompanying such certification that he/she has undergone a mandatory drug test
immunity as provided above, his/her immunity shall be removed and indicating thereon that he/she is free from the use of
and he/she shall likewise be subject to contempt and/or criminal dangerous drugs;
prosecution, as the case may be, and the enjoyment of all rights (b) Applicants for firearm's license and for permit to carry
and benefits previously accorded him under this Act or in any firearms outside of residence. – All applicants for firearm's
other law, decree or order shall be deemed terminated. license and permit to carry firearms outside of residence shall
undergo a mandatory drug test to ensure that they are free and its implementing rules to conduct drug examination or test,
from the use of dangerous drugs: Provided, That all persons who issues false or fraudulent drug test results knowingly,
who by the nature of their profession carry firearms shall willfully or through gross negligence, shall suffer the penalty of
undergo drug testing; imprisonment ranging from six (6) years and one (1) day to
(c) Students of secondary and tertiary schools. – Students of twelve (12) years and a fine ranging from One hundred
secondary and tertiary schools shall, pursuant to the related thousand pesos (P100,000.00) to Five hundred thousand pesos
rules and regulations as contained in the school's student (P500,000.00).
handbook and with notice to the parents, undergo a random An additional penalty shall be imposed through the revocation
drug testing: Provided, That all drug testing expenses whether of the license to practice his/her profession in case of a
in public or private schools under this Section will be borne by practitioner, and the closure of the drug testing center.
the government; Section 38. Laboratory Examination or Test on
(d) Officers and employees of public and private offices. – Apprehended/Arrested Offenders. – Subject to Section 15 of this
Officers and employees of public and private offices, whether Act, any person apprehended or arrested for violating the
domestic or overseas, shall be subjected to undergo a random provisions of this Act shall be subjected to screening laboratory
drug test as contained in the company's work rules and examination or test within twenty-four (24) hours, if the
regulations, which shall be borne by the employer, for purposes apprehending or arresting officer has reasonable ground to
of reducing the risk in the workplace. Any officer or employee believe that the person apprehended or arrested, on account of
found positive for use of dangerous drugs shall be dealt with physical signs or symptoms or other visible or outward
administratively which shall be a ground for suspension or manifestation, is under the influence of dangerous drugs. If
termination, subject to the provisions of Article 282 of the Labor found to be positive, the results of the screening laboratory
Code and pertinent provisions of the Civil Service Law; examination or test shall be challenged within fifteen (15) days
(e) Officers and members of the military, police and other law after receipt of the result through a confirmatory test conducted
enforcement agencies. – Officers and members of the military, in any accredited analytical laboratory equipment with a gas
police and other law enforcement agencies shall undergo an chromatograph/mass spectrometry equipment or some such
annual mandatory drug test; modern and accepted method, if confirmed the same shall
(f) All persons charged before the prosecutor's office with a be prima facie evidence that such person has used dangerous
criminal offense having an imposable penalty of imprisonment drugs, which is without prejudice for the prosecution for other
of not less than six (6) years and one (1) day shall have to violations of the provisions of this Act: Provided, That a positive
undergo a mandatory drug test; and screening laboratory test must be confirmed for it to be valid in
(g) All candidates for public office whether appointed or elected a court of law.
both in the national or local government shall undergo a Section 39. Accreditation of Drug Testing Centers and
mandatory drug test. Physicians. – The DOH shall be tasked to license and accredit
In addition to the above stated penalties in this Section, those drug testing centers in each province and city in order to assure
found to be positive for dangerous drugs use shall be subject to their capacity, competence, integrity and stability to conduct the
the provisions of Section 15 of this Act. laboratory examinations and tests provided in this Article, and
Section 37. Issuance of False or Fraudulent Drug Test Results. – appoint such technical and other personnel as may be
Any person authorized, licensed or accredited under this Act necessary for the effective implementation of this provision. The
DOH shall also accredit physicians who shall conduct the drug last day of June and December of each year, with a copy
dependency examination of a drug dependent as well as the thereof furnished the city or municipal health officer concerned.
after-care and follow-up program for the said drug dependent. (b) A physician, dentist, veterinarian or practitioner authorized
There shall be a control regulations, licensing and accreditation to prescribe any dangerous drug shall issue the prescription
division under the supervision of the DOH for this purpose. therefor in one (1) original and two (2) duplicate copies. The
For this purpose, the DOH shall establish, operate and maintain original, after the prescription has been filled, shall be retained
drug testing centers in government hospitals, which must be by the pharmacist for a period of one (1) year from the date of
provided at least with basic technologically advanced equipment sale or delivery of such drug. One (1) copy shall be retained by
and materials, in order to conduct the laboratory examination the buyer or by the person to whom the drug is delivered until
and tests herein provided, and appoint such qualified and duly such drug is consumed, while the second copy shall be retained
trained technical and other personnel as may be necessary for by the person issuing the prescription.
the effective implementation of this provision. For purposes of this Act, all prescriptions issued by physicians,
Section 40. Records Required for Transactions on Dangerous dentists, veterinarians or practitioners shall be written on forms
Drug and Precursors and Essential Chemicals. – exclusively issued by and obtainable from the DOH. Such forms
a) Every pharmacist dealing in dangerous drugs and/or shall be made of a special kind of paper and shall be distributed
controlled precursors and essential chemicals shall maintain and in such quantities and contain such information and other data
keep an original record of sales, purchases, acquisitions and as the DOH may, by rules and regulations, require. Such forms
deliveries of dangerous drugs, indicating there in the following shall only be issued by the DOH through its authorized
information: employees to licensed physicians, dentists, veterinarians and
(1) License number and address of the pharmacist; practitioners in such quantities as the Board may authorize. In
(2) Name, address and license of the manufacturer, importer or emergency cases, however, as the Board may specify in the
wholesaler from whom the dangerous drugs have been public interest, a prescription need not be accomplished on such
purchased; forms. The prescribing physician, dentist, veterinarian or
(3) Quantity and name of the dangerous drugs purchased or practitioner shall, within three (3) days after issuing such
acquired; prescription, inform the DOH of the same in writing. No
(4) Date of acquisition or purchase; prescription once served by the drugstore or pharmacy be
(5) Name, address and community tax certificate number of the reused nor any prescription once issued be refilled.
buyer; (c) All manufacturers, wholesalers, distributors, importers,
(6) Serial number of the prescription and the name of the dealers and retailers of dangerous drugs and/or controlled
physician, dentist, veterinarian or practitioner issuing the same; precursors and essential chemicals shall keep a record of all
(7) Quantity and name of the dangerous drugs sold or inventories, sales, purchases, acquisitions and deliveries of the
delivered; and same as well as the names, addresses and licenses of the
(8) Date of sale or delivery. persons from whom such items were purchased or acquired or
A certified true copy of such record covering a period of six (6) to whom such items were sold or delivered, the name and
months, duly signed by the pharmacist or the owner of the quantity of the same and the date of the transactions. Such
drugstore, pharmacy or chemical establishment, shall be records may be subjected anytime for review by the Board.
forwarded to the Board within fifteen (15) days following the
ARTICLE IV persons in authority and, as such, are hereby empowered to
Participation of the Family, Students, Teachers and School apprehend, arrest or cause the apprehension or arrest of any
Authorities in the Enforcement of this Act person who shall violate any of the said provisions, pursuant to
Section 41. Involvement of the Family. – The family being the Section 5, Rule 113 of the Rules of Court. They shall be deemed
basic unit of the Filipino society shall be primarily responsible persons in authority if they are in the school or within its
for the education and awareness of the members of the family immediate vicinity, or even beyond such immediate vicinity if
on the ill effects of dangerous drugs and close monitoring of they are in attendance at any school or class function in their
family members who may be susceptible to drug abuse. official capacity as school heads, supervisors, and teachers.
Section 42. Student Councils and Campus Organizations. – All Any teacher or school employee, who discovers or finds that
elementary, secondary and tertiary schools' student councils any person in the school or within its immediate vicinity is liable
and campus organizations shall include in their activities a for violating any of said provisions, shall have the duty to report
program for the prevention of and deterrence in the use of the same to the school head or immediate superior who shall, in
dangerous drugs, and referral for treatment and rehabilitation turn, report the matter to the proper authorities.
of students for drug dependence. Failure to do so in either case, within a reasonable period from
Section 43. School Curricula. – Instruction on drug abuse the time of discovery of the violation shall, after due hearing,
prevention and control shall be integrated in the elementary, constitute sufficient cause for disciplinary action by the school
secondary and tertiary curricula of all public and private schools, authorities.
whether general, technical, vocational or agro-industrial as well Section 45. Publication and Distribution of Materials on
as in non-formal, informal and indigenous learning systems. Dangerous Drugs. – With the assistance of the Board, the
Such instructions shall include: Secretary of the Department of Education (DepEd), the
(1) Adverse effects of the abuse and misuse of dangerous drugs Chairman of the Commission on Higher Education (CHED) and
on the person, the family, the school and the community; the Director-General of the Technical Education and Skills
(2) Preventive measures against drug abuse; Development Authority (TESDA) shall cause the development,
(3) Health, socio-cultural, psychological, legal and economic publication and distribution of information and support
dimensions and implications of the drug problem; educational materials on dangerous drugs to the students, the
(4) Steps to take when intervention on behalf of a drug faculty, the parents, and the community.
dependent is needed, as well as the services available for the Section 46. Special Drug Education Center. – With the
treatment and rehabilitation of drug dependents; and assistance of the Board, the Department of the Interior and
(5) Misconceptions about the use of dangerous drugs such as, Local Government (DILG), the National Youth Commission
but not limited to, the importance and safety of dangerous (NYC), and the Department of Social Welfare and Development
drugs for medical and therapeutic use as well as the (DSWD) shall establish in each of its provincial office a special
differentiation between medical patients and drug dependents education drug center for out-of-school youth and street
in order to avoid confusion and accidental stigmatization in the children. Such Center which shall be headed by the Provincial
consciousness of the students. Social. Welfare Development Officer shall sponsor drug
Section 44. Heads, Supervisors, and Teachers of Schools. – For prevention programs and activities and information campaigns
the purpose of enforcing the provisions of Article II of this Act, with the end in view of educating the out-of-school youth and
all school heads, supervisors and teachers shall be deemed street children regarding the pernicious effects of drug abuse.
The programs initiated by the Center shall likewise be adopted Section 50. Government Assistance. – The labor sector and the
in all public and private orphanage and existing special centers respective partners may, in pursuit of the programs mentioned
for street children. in the preceding Section, secure the technical assistance, such
as but not limited to, seminars and information dissemination
ARTICLE V campaigns of the appropriate government and law enforcement
Promotion of a National Drug-Free Workplace Program With the agencies.
Participation of Private and Labor Sectors and the Department
of Labor and Employment ARTICLE VII
Section 47. Drug-Free Workplace. – It is deemed a policy of the Participation of Local Government Units
State to promote drug-free workplaces using a tripartite Section 51. Local Government Units' Assistance. – Local
approach. With the assistance of the Board, the Department of government units shall appropriate a substantial portion of their
Labor and Employment (DOLE) shall develop, promote and respective annual budgets to assist in or enhance the
implement a national drug abuse prevention program in the enforcement of this Act giving priority to preventive or
workplace to be adopted by private companies with ten (10) or educational programs and the rehabilitation or treatment of
more employees. Such program shall include the mandatory drug dependents.
drafting and adoption of company policies against drug use in Section 52. Abatement of Drug Related Public Nuisances. – Any
the workplace in close consultation and coordination with the place or premises which have been used on two or more
DOLE, labor and employer organizations, human resource occasions as the site of the unlawful sale or delivery of
development managers and other such private sector dangerous drugs may be declared to be a public nuisance, and
organizations. such nuisance may be abated, pursuant to the following
Section 48. Guidelines for the National Drug-Free Workplace procedures:
Program. – The Board and the DOLE shall formulate the (1) Any city or municipality may, by ordinance, create an
necessary guidelines for the implementation of the national administrative board to hear complaints regarding the
drug-free workplace program. The amount necessary for the nuisances;
implementation of which shall be included in the annual General (2) any employee, officer, or resident of the city or municipality
Appropriations Act. may bring a complaint before the Board after giving not less
than three (3) days written notice of such complaint to the
ARTICLE VI owner of the place or premises at his/her last known address;
Participation of the Private and Labor Sectors in the and
Enforcement of this Act (3) After hearing in which the Board may consider any
Section 49. Labor Organizations and the Private Sector. – All evidence, including evidence of the general reputation of the
labor unions, federations, associations, or organizations in place or premises, and at which the owner of the premises shall
cooperation with the respective private sector partners shall have an opportunity to present evidence in his/her defense, the
include in their collective bargaining or any similar agreements, Board may declare the place or premises to be a public
joint continuing programs and information campaigns for the nuisance.
laborers similar to the programs provided under Section 47 of Section 53. Effect of Board Declaration. – If the Board declares
this Act with the end in view of achieving a drug free workplace. a place or premises to be a public nuisance, it may declare an
order immediately prohibiting the conduct, operation, or determine whether further confinement will be for the welfare
maintenance of any business or activity on the premises which of the drug dependent and his/her family or the community.
is conducive to such nuisance. Section 55. Exemption from the Criminal Liability Under the
An order entered under this Section shall expire after one (1) Voluntary Submission Program. A drug dependent under the
year or at such earlier time as stated in the order. The Board voluntary submission program, who is finally discharged from
may bring a complaint seeking a permanent injunction against confinement, shall be exempt from the criminal liability under
any nuisance described under this Section. Section 15 of this act subject to the following conditions:
This Article does not restrict the right of any person to proceed (1) He/she has complied with the rules and regulations of the
under the Civil Code against any public nuisance. center, the applicable rules and regulations of the Board,
including the after-care and follow-up program for at least
ARTICLE VIII eighteen (18) months following temporary discharge from
Program for Treatment and Rehabilitation of Drug Dependents confinement in the Center or, in the case of a dependent placed
Section 54. Voluntary Submission of a Drug Dependent to under the care of the DOH-accredited physician, the after-care
Confinement, Treatment and Rehabilitation. – A drug dependent program and follow-up schedule formulated by the DSWD and
or any person who violates Section 15 of this Act may, by approved by the Board: Provided, That capability-building of
himself/herself or through his/her parent, spouse, guardian or local government social workers shall be undertaken by the
relative within the fourth degree of consanguinity or affinity, DSWD;
apply to the Board or its duly recognized representative, for (2) He/she has never been charged or convicted of any offense
treatment and rehabilitation of the drug dependency. Upon such punishable under this Act, the Dangerous Drugs Act of 1972 or
application, the Board shall bring forth the matter to the Court Republic Act No. 6425, as amended; the Revised Penal Code, as
which shall order that the applicant be examined for drug amended; or any special penal laws;
dependency. If the examination by a DOH-accredited physician (3) He/she has no record of escape from a Center: Provided,
results in the issuance of a certification that the applicant is a That had he/she escaped, he/she surrendered by
drug dependent, he/she shall be ordered by the Court to himself/herself or through his/her parent, spouse, guardian or
undergo treatment and rehabilitation in a Center designated by relative within the fourth degree of consanguinity or affinity,
the Board for a period of not less than six (6) months: Provided, within one (1) week from the date of the said escape; and
That a drug dependent may be placed under the care of a DOH- (4) He/she poses no serious danger to himself/herself, his/her
accredited physician where there is no Center near or accessible family or the community by his/her exemption from criminal
to the residence of the drug dependent or where said drug liability.
dependent is below eighteen (18) years of age and is a first- Section 56. Temporary Release From the Center; After-Care and
time offender and non-confinement in a Center will not pose a Follow-Up Treatment Under the Voluntary Submission
serious danger to his/her family or the community. Program. – Upon certification of the Center that the drug
Confinement in a Center for treatment and rehabilitation shall dependent within the voluntary submission program may be
not exceed one (1) year, after which time the Court, as well as temporarily released, the Court shall order his/her release on
the Board, shall be apprised by the head of the treatment and condition that said drug dependent shall report to the DOH for
rehabilitation center of the status of said drug dependent and after-care and follow-up treatment, including urine testing, for a
period not exceeding eighteen (18) months under such terms Section 59. Escape and Recommitment for Confinement and
and conditions that the Court may impose. Rehabilitation Under the Voluntary Submission Program. –
If during the period of after-care and follow-up, the drug Should a drug dependent under the voluntary submission
dependent is certified to be rehabilitated, he/she may be program escape from the Center, he/she may submit
discharged by the Court, subject to the provisions of Section 55 himself/herself for recommitment within one (1) week there
of this Act, without prejudice to the outcome of any pending from, or his/her parent, spouse, guardian or relative within the
case filed in court. fourth degree of consanguinity or affinity may, within said
However, should the DOH find that during the initial after-care period, surrender him for recommitment, in which case the
and follow-up program of eighteen (18) months, the drug corresponding order shall be issued by the Board.
dependent requires further treatment and rehabilitation in the Should the escapee fail to submit himself/herself or be
Center, he/she shall be recommitted to the Center for surrendered after one (1) week, the Board shall apply to the
confinement. Thereafter, he/she may again be certified for court for a recommitment order upon proof of previous
temporary release and ordered released for another after-care commitment or his/her voluntary submission by the Board, the
and follow-up program pursuant to this Section. court may issue an order for recommitment within one (1)
Section 57. Probation and Community Service Under the week.
Voluntary Submission Program. – A drug dependent who is If, subsequent to a recommitment, the dependent once again
discharged as rehabilitated by the DOH-accredited Center escapes from confinement, he/she shall be charged for violation
through the voluntary submission program, but does not qualify of Section 15 of this Act and he subjected under section 61 of
for exemption from criminal liability under Section 55 of this Act, this Act, either upon order of the Board or upon order of the
may be charged under the provisions of this Act, but shall be court, as the case may be.
placed on probation and undergo a community service in lieu of Section 60. Confidentiality of Records Under the Voluntary
imprisonment and/or fine in the discretion of the court, without Submission Program. – Judicial and medical records of drug
prejudice to the outcome of any pending case filed in court. dependents under the voluntary submission program shall be
Such drug dependent shall undergo community service as part confidential and shall not be used against him for any purpose,
of his/her after-care and follow-up program, which may be done except to determine how many times, by himself/herself or
in coordination with nongovernmental civil organizations through his/her parent, spouse, guardian or relative within the
accredited by the DSWD, with the recommendation of the fourth degree of consanguinity or affinity, he/she voluntarily
Board. submitted himself/herself for confinement, treatment and
Section 58. Filing of Charges Against a Drug Dependent Who is rehabilitation or has been committed to a Center under this
Not Rehabilitated Under the Voluntary Submission Program. – A program.
drug dependent, who is not rehabilitated after the second Section 61. Compulsory Confinement of a Drug Dependent Who
commitment to the Center under the voluntary submission Refuses to Apply Under the Voluntary Submission Program. –
program, shall, upon recommendation of the Board, be charged Notwithstanding any law, rule and regulation to the contrary,
for violation of Section 15 of this Act and prosecuted like any any person determined and found to be dependent on
other offender. If convicted, he/she shall be credited for the dangerous drugs shall, upon petition by the Board or any of its
period of confinement and rehabilitation in the Center in the authorized representative, be confined for treatment and
service of his/her sentence.
rehabilitation in any Center duly designated or accredited for shall take judicial notice of the prior proceedings in the case and
the purpose. shall proceed to hear the petition. If the court finds him to be a
A petition for the confinement of a person alleged to be drug dependent, it shall order his/her commitment to a Center
dependent on dangerous drugs to a Center may be filed by any for treatment and rehabilitation. The head of said Center shall
person authorized by the Board with the Regional Trial Court of submit to the court every four (4) months, or as often as the
the province or city where such person is found. court may require a written report on the progress of the
After the petition is filed, the court, by an order, shall treatment. If the dependent is rehabilitated, as certified by the
immediately fix a date for the hearing, and a copy of such order center and the Board, he/she shall be returned to the court,
shall be served on the person alleged to be dependent on which committed him, for his/her discharge therefrom.
dangerous drugs, and to the one having charge of him. Thereafter, his/her prosecution for any offense punishable by
If after such hearing and the facts so warrant, the court shall law shall be instituted or shall continue, as the case may be. In
order the drug dependent to be examined by two (2) physicians case of conviction, the judgment shall, if the accused is certified
accredited by the Board. If both physicians conclude that the by the treatment and rehabilitation center to have maintained
respondent is not a drug dependent, the court shall order good behavior, indicate that he/she shall be given full credit for
his/her discharge. If either physician finds him to be a the period he/she was confined in the Center: Provided,
dependent, the court shall conduct a hearing and consider all however, That when the offense is for violation of Section 15 of
relevant evidence which may be offered. If the court finds him a this Act and the accused is not a recidivist, the penalty thereof
drug dependent, it shall issue an order for his/her commitment shall be deemed to have been served in the Center upon his/her
to a treatment and rehabilitation center under the supervision of release therefrom after certification by the Center and the Board
the DOH. In any event, the order of discharge or order of that he/she is rehabilitated.
confinement or commitment shall be issued not later than Section 63. Prescription of the Offense Charged Against a Drug
fifteen (15) days from the filing of the appropriate petition. Dependent Under the Compulsory Submission Program. – The
Section 62. Compulsory Submission of a Drug Dependent period of prescription of the offense charged against a drug
Charged with an Offense to Treatment and Rehabilitation. – If a dependent under the compulsory submission program shall not
person charged with an offense where the imposable penalty is run during the time that the drug dependent is under
imprisonment of less than six (6) years and one (1) day, and is confinement in a Center or otherwise under the treatment and
found by the prosecutor or by the court, at any stage of the rehabilitation program approved by the Board.
proceedings, to be a drug dependent, the prosecutor or the Upon certification of the Center that he/she may temporarily be
court as the case may be, shall suspend all further proceedings discharged from the said Center, the court shall order his/her
and transmit copies of the record of the case to the Board. release on condition that he/she shall report to the Board
In the event he Board determines, after medical examination, through the DOH for after-care and follow-up treatment for a
that public interest requires that such drug dependent be period not exceeding eighteen (18) months under such terms
committed to a center for treatment and rehabilitation, it shall and conditions as may be imposed by the Board.
file a petition for his/her commitment with the regional trial If at any time during the after-care and follow-up period, the
court of the province or city where he/she is being investigated Board certifies to his/her complete rehabilitation, the court shall
or tried: Provided, That where a criminal case is pending in order his/her final discharge from confinement and order for the
court, such petition shall be filed in the said court. The court immediate resumption of the trial of the case for which he/she
is originally charged. Should the Board through the DOH find at taking into consideration public interest and the welfare of the
anytime during the after-care and follow-up period that he/she drug dependent.
requires further treatment and rehabilitation, it shall report to Section 65. Duty of the Prosecutor in the Proceedings. – It shall
the court, which shall order his/her recommitment to the be the duty of the provincial or the city prosecutor or their
Center. assistants or state prosecutors to prepare the appropriate
Should the drug dependent, having been committed to a Center petition in all proceedings arising from this Act.
upon petition by the Board escape there from, he/she may Section 66. Suspension of Sentence of a First-Time Minor
resubmit himself/herself for confinement within one (1) week Offender. – An accused who is over fifteen (15) years of age at
from the date of his/her escape; or his/her parent, spouse, the time of the commission of the offense mentioned in Section
guardian or relative within the fourth degree of consanguinity or 11 of this Act, but not more than eighteen (18) years of age at
affinity may, within the same period, surrender him for the time when judgment should have been promulgated after
recommitment. If, however, the drug dependent does not having been found guilty of said offense, may be given the
resubmit him/her for confinement or he/she is not surrendered benefits of a suspended sentence, subject to the following
for recommitment, the Board may apply with the court for the conditions:
issuance of the recommitment order. Upon proof of previous (a) He/she has not been previously convicted of violating any
commitment, the court shall issue an order for recommitment. provision of this Act, or of the Dangerous Drugs Act of 1972, as
If, subsequent to such recommitment, he/she should escape amended; or of the Revised Penal Code; or of any special penal
again, he/she shall no longer be exempt from criminal liability laws;
for use of any dangerous drug. (b) He/she has not been previously committed to a Center or to
A drug dependent committed under this particular Section who the care of a DOH-accredited physician; and
is finally discharged from confinement shall be exempt from (c) The Board favorably recommends that his/her sentence be
criminal liability under Section 15 of this Act, without prejudice suspended.
to the outcome of any pending case filed in court. On the other While under suspended sentence, he/she shall be under the
hand, a drug dependent who is not rehabilitated after a second supervision and rehabilitative surveillance of the Board, under
commitment to the Center shall, upon conviction by the such conditions that the court may impose for a period ranging
appropriate court, suffer the same penalties provided for under from six (6) months to eighteen (18) months.
Section 15 of this Act again without prejudice to the outcome of Upon recommendation of the Board, the court may commit the
any pending case filed in court. accused under suspended sentence to a Center, or to the care
Section 64. Confidentiality of Records Under the Compulsory of a DOH-accredited physician for at least six (6) months, with
Submission Program. – The records of a drug dependent who after-care and follow-up program for not more than eighteen
was rehabilitated and discharged from the Center under the (18) months.
compulsory submission program, or who was charged for In the case of minors under fifteen (15) years of age at the time
violation of Section 15 of this Act, shall be covered by Section of the commission of any offense penalized under this Act,
60 of this Act. However, the records of a drug dependent who Article 192 of Presidential Decree No. 603, otherwise known as
was not rehabilitated, or who escaped but did not surrender the Child and Youth Welfare Code, as amended by Presidential
himself/herself within the prescribed period, shall be forwarded Decree No. 1179 shall apply, without prejudice to the
to the court and their use shall be determined by the court, application of the provisions of this Section.
Section 67. Discharge After Compliance with Conditions of probation, or impose community service in lieu of imprisonment.
Suspended Sentence of a First-Time Minor Offender. – If the In case of probation, the supervision and rehabilitative
accused first time minor offender under suspended sentence surveillance shall be undertaken by the Board through the DOH
complies with the applicable rules and regulations of the Board, in coordination with the Board of Pardons and Parole and the
including confinement in a Center, the court, upon a favorable Probation Administration. Upon compliance with the conditions
recommendation of the Board for the final discharge of the of the probation, the Board shall submit a written report to the
accused, shall discharge the accused and dismiss all court recommending termination of probation and a final
proceedings. discharge of the probationer, whereupon the court shall issue
Upon the dismissal of the proceedings against the accused, the such an order.
court shall enter an order to expunge all official records, other The community service shall be complied with under conditions,
than the confidential record to be retained by the DOJ relating time and place as may be determined by the court in its
to the case. Such an order, which shall be kept confidential, discretion and upon the recommendation of the Board and shall
shall restore the accused to his/her status prior to the case. apply only to violators of Section 15 of this Act. The completion
He/she shall not be held thereafter to be guilty of perjury or of of the community service shall be under the supervision and
concealment or misrepresentation by reason of his/her failure to rehabilitative surveillance of the Board during the period
acknowledge the case or recite any fact related thereto in required by the court. Thereafter, the Board shall render a
response to any inquiry made of him for any purpose. report on the manner of compliance of said community service.
Section 68. Privilege of Suspended Sentence to be Availed of The court in its discretion may require extension of the
Only Once by a First-Time Minor Offender. – The privilege of community service or order a final discharge.
suspended sentence shall be availed of only once by an accused In both cases, the judicial records shall be covered by the
drug dependent who is a first-time offender over fifteen (15) provisions of Sections 60 and 64 of this Act.
years of age at the time of the commission of the violation of If the sentence promulgated by the court requires
Section 15 of this Act but not more than eighteen (18) years of imprisonment, the period spent in the Center by the accused
age at the time when judgment should have been promulgated. during the suspended sentence period shall be deducted from
Section 69. Promulgation of Sentence for First-Time Minor the sentence to be served.
Offender. – If the accused first-time minor offender violates any Section 71. Records to be kept by the Department of Justice. –
of the conditions of his/her suspended sentence, the applicable The DOJ shall keep a confidential record of the proceedings on
rules and regulations of the Board exercising supervision and suspension of sentence and shall not be used for any purpose
rehabilitative surveillance over him, including the rules and other than to determine whether or not a person accused under
regulations of the Center should confinement be required, the this Act is a first-time minor offender.
court shall pronounce judgment of conviction and he/she shall Section 72. Liability of a Person Who Violates the Confidentiality
serve sentence as any other convicted person. of Records. – The penalty of imprisonment ranging from six (6)
Section 70. Probation or Community Service for a First-Time months and one (1) day to six (6) years and a fine ranging from
Minor Offender in Lieu of Imprisonment. – Upon promulgation One thousand pesos (P1,000.00) to Six thousand pesos
of the sentence, the court may, in its discretion, place the (P6,000.00), shall be imposed upon any person who, having
accused under probation, even if the sentence provided under official custody of or access to the confidential records of any
this Act is higher than that provided under existing law on drug dependent under voluntary submission programs, or
anyone who, having gained possession of said records, whether shall encourage, promote or whenever feasible, assist or
lawfully or not, reveals their content to any person other than support in the establishment, operations and maintenance of
those charged with the prosecution of the offenses under this private centers which shall be eligible to receive grants,
Act and its implementation. The maximum penalty shall be donations or subsidy from either government or private sources.
imposed, in addition to absolute perpetual disqualification from It shall also support the establishment of government-operated
any public office, when the offender is a government official or regional treatment and rehabilitation centers depending upon
employee. Should the records be used for unlawful purposes, the availability of funds. The national government, through its
such as blackmail of the drug dependent or the members of appropriate agencies shall give priority funding for the increase
his/her family, the penalty imposed for the crime of violation of of subsidy to existing government drug rehabilitation centers,
confidentiality shall be in addition to whatever crime he/she and shall establish at least one (1) drug rehabilitation center in
may be convicted of. each province, depending on the availability of funds.
Section 73. Liability of a Parent, Spouse or Guardian Who Section 76. The Duties and Responsibilities of the Department
Refuses to Cooperate with the Board or any Concerned of health (DOH) Under this Act. – The DOH shall:
Agency. – Any parent, spouse or guardian who, without valid (1) Oversee the monitor the integration, coordination and
reason, refuses to cooperate with the Board or any concerned supervision of all drug rehabilitation, intervention, after-care
agency in the treatment and rehabilitation of a drug dependent and follow-up programs, projects and activities as well as the
who is a minor, or in any manner, prevents or delays the after- establishment, operations, maintenance and management of
care, follow-up or other programs for the welfare of the accused privately-owned drug treatment rehabilitation centers and drug
drug dependent, whether under voluntary submission program testing networks and laboratories throughout the country in
or compulsory submission program, may be cited for contempt coordination with the DSWD and other agencies;
by the court. (2) License, accredit, establish and maintain drug test network
Section 74. Cost-Sharing in the Treatment and Rehabilitation of and laboratory, initiate, conduct and support scientific research
a Drug Dependent. – The parent, spouse, guardian or any on drugs and drug control;
relative within the fourth degree of consanguinity of any person (3) Encourage, assist and accredit private centers, promulgate
who is confined under the voluntary submission program or rules and regulations setting minimum standards for their
compulsory submission program shall be charged a certain accreditation to assure their competence, integrity and stability;
percentage of the cost of his/her treatment and rehabilitation, (4) Prescribe and promulgate rules and regulations governing
the guidelines of which shall be formulated by the DSWD taking the establishment of such Centers as it may deem necessary
into consideration the economic status of the family of the after conducting a feasibility study thereof;
person confined. The guidelines therein formulated shall be (5) The DOH shall, without prejudice to the criminal prosecution
implemented by a social worker of the local government unit. of those found guilty of violating this Act, order the closure of a
Section 75. Treatment and Rehabilitation Centers. – The Center for treatment and rehabilitation of drug dependency
existing treatment and rehabilitation centers for drug when, after investigation it is found guilty of violating the
dependents operated and maintained by the NBI and the PNP provisions of this Act or regulations issued by the Board; and
shall be operated, maintained and managed by the DOH in (6) Charge reasonable fees for drug dependency examinations,
coordination with other concerned agencies. For the purpose of other medical and legal services provided to the public, which
enlarging the network of centers, the Board through the DOH shall accrue to the Board. All income derived from these sources
shall be part of the funds constituted as special funds for the (3) Secretary of the Department of National Defense or his/her
implementation of this Act under Section 87. representative;
(4) Secretary of the Department of Finance or his/her
ARTICLE IX representative;
Dangerous Drugs Board and Philippine Drug Enforcement (5) Secretary of the Department of Labor and Employment or
Agency his/her representative;
Section 77. The Dangerous Drugs Board. – The Board shall be (6) Secretary of the Department of the Interior and Local
the policy-making and strategy-formulating body in the planning Government or his/her representative;
and formulation of policies and programs on drug prevention (7) Secretary of the Department of Social Welfare and
and control. It shall develop and adopt a comprehensive, Development or his/her representative;
integrated, unified and balanced national drug abuse prevention (8) Secretary of the Department of Foreign Affairs or his/her
and control strategy. It shall be under the Office of the representative;
President. (9) Secretary of the Department of Education or his/her
Section 78. Composition of the Board. – The Board shall be representative;
composed of seventeen (17) members wherein three (3) of (10) Chairman of the Commission on Higher Education or
which are permanent members, the other twelve (12) members his/her representative;
shall be in an ex officiocapacity and the two (2) shall be regular (11) Chairman of the National Youth Commission;
members. (12) Director General of the Philippine Drug Enforcement
The three (3) permanent members, who shall possess at least Agency.
seven-year training and experience in the field of dangerous Cabinet secretaries who are members of the Board may
drugs and in any of the following fields: in law, medicine, designate their duly authorized and permanent representatives
criminology, psychology or social work, shall be appointed by whose ranks shall in no case be lower than undersecretary.
the President of the Philippines. The President shall designate a The two (2) regular members shall be as follows:
Chairman, who shall have the rank of a secretary from among (a) The president of the Integrated Bar of the Philippines; and
the three (3) permanent members who shall serve for six (6) (b) The chairman or president of a non-government
years. Of the two (2) other members, who shall both have the organization involved in dangerous drug campaign to be
rank of undersecretary, one (1) shall serve for four (4) years appointed by the President of the Philippines.
and the other for two (2) years. Thereafter, the persons The Director of the NBI and the Chief of the PNP shall be the
appointed to succeed such members shall hold office for a term permanent consultants of the Board, and shall attend all the
of six (6) years and until their successors shall have been duly meetings of the Board.
appointed and qualified. All members of the Board as well as its permanent consultants
The other twelve (12) members who shall be ex shall receive a per diem for every meeting actually attended
officio members of the Board are the following: subject to the pertinent budgetary laws, rules and regulations
(1) Secretary of the Department of Justice or his/her on compensation, honoraria and allowances: Provided, That
representative; where the representative of an ex officio member or of the
(2) Secretary of the Department of Health or his/her permanent consultant of the Board attends a meeting in behalf
representative;
of the latter, such representative shall be entitled to receive the chemical under its charge and custody, and prescribe
per diem. administrative remedies or sanctions for the violations of such
Section 79. Meetings of the Board. – The Board shall meet once rules and regulations;
a week or as often as necessary at the discretion of the (c) Conduct policy studies, program monitoring and evaluations
Chairman or at the call of any four (4) other members. The and other researches on drug prevention, control and
presence of nine (9) members shall constitute a quorum. enforcement;
Section 80. Secretariat of the Board. – The Board shall (d) Initiate, conduct and support scientific, clinical, social,
recommend to the President of the Philippines the appointment psychological, physical and biological researches on dangerous
of an Executive Director, with the rank of an undersecretary, drugs and dangerous drugs prevention and control measures;
who shall be the Secretary of the Board and administrative (e) Develop an educational program and information drive on
officer of its secretariat, and shall perform such other duties the hazards and prevention of illegal use of any dangerous drug
that may be assigned to him/her. He/she must possess and/or controlled precursor and essential chemical based on
adequate knowledge, training and experience in the field of factual data, and disseminate the same to the general public,
dangerous drugs, and in any of the following fields: law for which purpose the Board shall endeavor to make the general
enforcement, law, medicine, criminology, psychology or social public aware of the hazards of any dangerous drugs and/or
work. controlled precursor and essential chemical by providing among
Two deputies executive director, for administration and others, literature, films, displays or advertisements and by
operations, with the ranks of assistant secretary, shall be coordinating with all institutions of learning as well as with all
appointed by the President upon recommendation of the Board. national and local enforcement agencies in planning and
They shall possess the same qualifications as those of the conducting its educational campaign programs to be
executive director. They shall receive a salary corresponding to implemented by the appropriate government agencies;
their position as prescribed by the Salary Standardization Law (f) Conduct continuing seminars for, and consultations with, and
as a Career Service Officer. provide information materials to judges and prosecutors in
The existing secretariat of the Board shall be under the coordination with the Office of the Court Administrator, in the
administrative control and supervision of the Executive Director. case of judges, and the DOJ, in the case of prosecutors, which
It shall be composed of the following divisions, namely: Policy aim to provide them with the current developments and
Studies, Research and Statistics; Preventive Education, Training programs of the Board pertinent to its campaign against
and Information; Legal Affairs; and the Administrative and dangerous drugs and its scientific researches on dangerous
Financial Management. drugs, its prevention and control measures;
Section 81. Powers and Duties of the Board. – The Board shall: (g) Design special trainings in order to provide law enforcement
(a) Formulate, develop and establish a comprehensive, officers, members of the judiciary, and prosecutors, school
integrated, unified and balanced national drug use prevention authorities and personnel of centers with knowledge and know-
and control strategy; how in dangerous drugs and/or controlled precursors and
(b) Promulgate such rules and regulations as may be necessary essential chemicals control in coordination with the Supreme
to carry out the purposes of this Act, including the manner of Court to meet the objectives of the national drug control
safekeeping, disposition, burning or condemnation of any programs;
dangerous drug and/or controlled precursor and essential
(h) Design and develop, in consultation and coordination with international organizations in consonance with the country's
the DOH, DSWD and other agencies involved in drugs control, international commitments;
treatment and rehabilitation, both public and private, a national (n) Develop and maintain international networking coordination
treatment and rehabilitation program for drug dependents with international drug control agencies and organizations, and
including a standard aftercare and community service program implement the provisions of international conventions and
for recovering drug dependents; agreements thereon which have been adopted and approved by
(i) Design and develop, jointly with the DOLE and in the Congress of the Philippines;
consultation with labor and employer groups as well as (o) Require all government and private hospitals, clinics,
nongovernment organizations a drug abuse prevention program doctors, dentists and other practitioners to submit a report to it,
in the workplace that would include a provision for employee in coordination with the PDEA, about all dangerous drugs
assistance programs for emotionally-stressed employees; and/or controlled precursors and essential chemicals-related
(j) Initiate and authorize closure proceedings against non- cases to which they have attended for statistics and research
accredited and/or substandard rehabilitation centers based on purposes;
verified reports of human rights violations, subhuman (p) Receive in trust legacies, gifts and donations of real and
conditions, inadequate medical training and assistance and personal properties of all kinds, to administer and dispose the
excessive fees for implementation by the PDEA; same when necessary for the benefit of government and private
(k) Prescribe and promulgate rules and regulations governing rehabilitation centers subject to limitations, directions and
the establishment of such centers, networks and laboratories as instructions from the donors, if any;
deemed necessary after conducting a feasibility study in (q) Issue guidelines as to the approval or disapproval of
coordination with the DOH and other government agencies; applications for voluntary treatment, rehabilitation or
(l) Receive, gather, collect and evaluate all information on the confinement, wherein it shall issue the necessary guidelines,
importation, exportation, production, manufacture, sale, stocks, rules and regulations pertaining to the application and its
seizures of and the estimated need for any dangerous drug enforcement;
and/or controlled precursor and essential chemical, for which (r) Formulate guidelines, in coordination with other government
purpose the Board may require from any official, instrumentality agencies, the importation, distribution, production,
or agency of the government or any private person or manufacture, compounding, prescription, dispensing and sale
enterprise dealing in, or engaged in activities having to do with of, and other lawful acts in connection with any dangerous
any dangerous drug and/or controlled precursors and essential drug, controlled precursors and essential chemicals and other
chemicals such data or information as it may need to implement similar or analogous substances of such kind and in such
this Act; quantity as it may deem necessary according to the medical and
(m) Gather and prepare detailed statistics on the importation, research needs or requirements of the country including diet
exportation, manufacture, stocks, seizures of and estimates pills containing ephedrine and other addictive chemicals and
need for any dangerous drug and/or controlled precursors and determine the quantity and/or quality of dangerous drugs and
essential chemicals and such other statistical data on said drugs controlled precursors and essential chemicals to be imported,
as may be periodically required by the United Nations Narcotics manufactured and held in stock at any given time by authorized
Drug Commission, the World Health Organization and other importer, manufacturer or distributor of such drugs;
(s) Develop the utilization of a controlled delivery scheme in The PDEA shall be headed by a Director General with the rank
addressing the transshipment of dangerous drugs into and out of Undersecretary, who shall be responsible for the general
of the country to neutralize transnational crime syndicates administration and management of the Agency. The Director
involved in illegal trafficking of any dangerous drugs and/or General of the PDEA shall be appointed by the President of the
controlled precursors and essential chemicals; Philippines and shall perform such other duties that may be
(t) Recommend the revocation of the professional license of any assigned to him/her. He/she must possess adequate knowledge,
practitioner who is an owner, co-owner, lessee, or in the employ training and experience in the field of dangerous drugs, and in
of the drug establishment, or manager of a partnership, any of the following fields: law enforcement, law, medicine,
corporation, association, or any juridical entity owning and/or criminology, psychology or social work.
controlling such drug establishment, and who knowingly The Director General of the PDEA shall be assisted in the
participates in, or consents to, tolerates, or abets the performance of his/her duties and responsibilities by two (2)
commission of the act of violations as indicated in the preceding deputies director general with the rank of Assistant Secretary;
paragraph, all without prejudice to the criminal prosecution of one for Operations and the other one for Administration. The
the person responsible for the said violation; two (2) deputies director general shall likewise be appointed by
(u) Appoint such technical, administrative and other personnel the President of the Philippines upon recommendation of the
as may be necessary for the effective implementation of this Board. The two (2) deputies director general shall possess the
Act, subject to the Civil Service Law and its rules and same qualifications as those of the Director General of the
regulations; PDEA. The Director General and the two (2) deputies director
(v) Establish a regular and continuing consultation with general shall receive the compensation and salaries as
concerned government agencies and medical professional prescribed by law.
organizations to determine if balance exists in policies, Section 83. Organization of the PDEA. – The present Secretariat
procedures, rules and regulations on dangerous drugs and to of the National Drug Law Enforcement and Prevention
provide recommendations on how the lawful use of dangerous Coordinating Center as created by Executive Order No. 61 shall
drugs can be improved and facilitated; and be accordingly modified and absorbed by the PDEA.
(w) Submit an annual and periodic reports to the President, the The Director General of the PDEA shall be responsible for the
Congress of the Philippines and the Senate and House of necessary changes in the organizational set-up which shall be
Representatives committees concerned as may be required from submitted to the Board for approval.
time to time, and perform such other functions as may be For purposes of carrying out its duties and powers as provided
authorized or required under existing laws and as directed by for in the succeeding Section of this Act, the PDEA shall have
the President himself/herself or as recommended by the the following Services, namely: Intelligence and Investigation;
congressional committees concerned. International Cooperation and Foreign Affairs; Preventive
Section 82. Creation of the Philippine Drug Enforcement Agency Education and Community Involvement; Plans and Operations;
(PDEA). – To carry out the provisions of this Act, the PDEA, Compliance; Legal and Prosecution; Administrative and Human
which serves as the implementing arm of the Board, and shall Resource; Financial Management; Logistics Management; and
be responsible for the efficient and effective law enforcement of Internal Affairs.
all the provisions on any dangerous drug and/or controlled The PDEA shall establish and maintain regional offices in the
precursor and essential chemical as provided in this Act. different regions of the country which shall be responsible for
the implementation of this Act and the policies, programs, and violating the provisions of this Act and in accordance with the
projects of said agency in their respective regions. pertinent provisions of the Anti-Money-Laundering Act of 2001;
Section 84. Powers and Duties of the PDEA. – The PDEA shall: (h) Prepare for prosecution or cause the filing of appropriate
(a) Implement or cause the efficient and effective criminal and civil cases for violation of all laws on dangerous
implementation of the national drug control strategy formulated drugs, controlled precursors and essential chemicals, and other
by the Board thereby carrying out a national drug campaign similar controlled substances, and assist, support and
program which shall include drug law enforcement, control and coordinate with other government agencies for the proper and
prevention campaign with the assistance of concerned effective prosecution of the same;
government agencies; (i) Monitor and if warranted by circumstances, in coordination
(b) Undertake the enforcement of the provisions of Article II of with the Philippine Postal Office and the Bureau of Customs,
this Act relative to the unlawful acts and penalties involving any inspect all air cargo packages, parcels and mails in the central
dangerous drug and/or controlled precursor and essential post office, which appear from the package and address itself to
chemical and investigate all violators and other matters involved be a possible importation of dangerous drugs and/or controlled
in the commission of any crime relative to the use, abuse or precursors and essential chemicals, through on-line or cyber
trafficking of any dangerous drug and/or controlled precursor shops via the internet or cyberspace;
and essential chemical as provided for in this Act and the (j) Conduct eradication programs to destroy wild or illegal
provisions of Presidential Decree No. 1619; growth of plants from which dangerous drugs may be
(c) Administer oath, issue subpoena and subpoena duces extracted;
tecum relative to the conduct of investigation involving the (k) Initiate and undertake the formation of a nationwide
violations of this Act; organization which shall coordinate and supervise all activities
(d) Arrest and apprehend as well as search all violators and against drug abuse in every province, city, municipality and
seize or confiscate, the effects or proceeds of the crimes as barangay with the active and direct participation of all such local
provided by law and take custody thereof, for this purpose the government units and nongovernmental organizations, including
prosecutors and enforcement agents are authorized to possess the citizenry, subject to the provisions of previously formulated
firearms, in accordance with existing laws; programs of action against dangerous drugs;
(e) Take charge and have custody of all dangerous drugs (l) Establish and maintain a national drug intelligence system in
and/or controlled precursors and essential chemicals seized, cooperation with law enforcement agencies, other government
confiscated or surrendered to any national, provincial or local agencies/offices and local government units that will assist in its
law enforcement agency, if no longer needed for purposes of apprehension of big-time drug lords;
evidence in court; (m) Establish and maintain close coordination, cooperation and
(f) Establish forensic laboratories in each PNP office in every linkages with international drug control and administration
province and city in order to facilitate action on seize or agencies and organizations, and implement the applicable
confiscated drugs, thereby hastening its destruction without provisions of international conventions and agreements related
delay; to dangerous drugs to which the Philippines is a signatory;
(g) Recommend to the DOJ the forfeiture of properties and (n) Create and maintain an efficient special enforcement unit to
other assets of persons and/or corporations found to be conduct an investigation, file charges and transmit evidence to
the proper court, wherein members of the said unit shall
possess suitable and adequate firearms for their protection in intelligence network and standard operating procedures of the
connection with the performance of their duties: Provided, That PDEA has been set up and operationalized.
no previous special permit for such possession shall be The Academy shall be headed by a Superintendent, with the
required; rank of Director. He/she shall be appointed by the PDEA
(o) Require all government and private hospitals, clinics, Director General.
doctors, dentists and other practitioners to submit a report to it, Section 86. Transfer, Absorption, and Integration of All
in coordination with the Board, about all dangerous drugs Operating Units on Illegal Drugs into the PDEA and Transitory
and/or controlled precursors and essential chemicals which they Provisions. – The Narcotics Group of the PNP, the Narcotics
have attended to for data and information purposes; Division of the NBI and the Customs Narcotics Interdiction Unit
(p) Coordinate with the Board for the facilitation of the issuance are hereby abolished; however they shall continue with the
of necessary guidelines, rules and regulations for the proper performance of their task as detail service with the PDEA,
implementation of this Act; subject to screening, until such time that the organizational
(q) Initiate and undertake a national campaign for drug structure of the Agency is fully operational and the number of
prevention and drug control programs, where it may enlist the graduates of the PDEA Academy is sufficient to do the task
assistance of any department, bureau, office, agency or themselves: Provided, That such personnel who are affected
instrumentality of the government, including government- shall have the option of either being integrated into the PDEA or
owned and or –controlled corporations, in the anti-illegal drugs remain with their original mother agencies and shall, thereafter,
drive, which may include the use of their respective personnel, be immediately reassigned to other units therein by the head of
facilities, and resources for a more resolute detection and such agencies. Such personnel who are transferred, absorbed
investigation of drug-related crimes and prosecution of the drug and integrated in the PDEA shall be extended appointments to
traffickers; and positions similar in rank, salary, and other emoluments and
(r) Submit an annual and periodic reports to the Board as may privileges granted to their respective positions in their original
be required from time to time, and perform such other functions mother agencies.
as may be authorized or required under existing laws and as The transfer, absorption and integration of the different offices
directed by the President himself/herself or as recommended by and units provided for in this Section shall take effect within
the congressional committees concerned. eighteen (18) months from the effectivity of this Act: Provided,
Section 85. The PDEA Academy. – Upon the approval of the that personnel absorbed and on detail service shall be given
Board, the PDEA Academy shall be established either in Baguio until five (5) years to finally decide to join the PDEA.
or Tagaytay City, and in such other places as may be necessary. Nothing in this Act shall mean a diminution of the investigative
The PDEA Academy shall be responsible in the recruitment and powers of the NBI and the PNP on all other crimes as provided
training of all PDEA agents and personnel. The Board shall for in their respective organic laws: Provided, however, That
provide for the qualifications and requirements of its recruits when the investigation being conducted by the NBI, PNP or
who must be at least twenty-one (21) years old, of proven any ad hoc anti-drug task force is found to be a violation of any
integrity and honesty and a Baccalaureate degree holder. of the provisions of this Act, the PDEA shall be the lead agency.
The graduates of the Academy shall later comprise the The NBI, PNP or any of the task force shall immediately transfer
operating units of the PDEA after the termination of the the same to the PDEA: Provided, further, That the NBI, PNP and
transition period of five (5) years during which all the
the Bureau of Customs shall maintain close coordination with from the fifty percent (50%) share of the National Government
the PDEA on all drug related matters. in the income of PAGCOR: Provided, further, That the said
amount shall automatically be remitted by PAGCOR to the
ARTICLE X Board. The amount shall, in turn, be disbursed by the
Appropriations, Management of Funds and Annual Report Dangerous Drugs Board, subject to the rules and regulations of
Section 87. Appropriations. – The amount necessary for the the Commission on Audit (COA).
operation of the Board and the PDEA shall be charged against The fund may be augmented by grants, donations, and
the current year's appropriations of the Board, the National endowment from various sources, domestic or foreign, for
Drug Law Enforcement and Prevention Coordinating Center, the purposes related to their functions, subject to the existing
Narcotics Group of the PNP, the Narcotics Division of the NBI guidelines set by the government.
and other drug abuse units of the different law enforcement Section 88. Management of Funds Under this Act; Annual
agencies integrated into the PDEA in order to carry out the Report by the Board and the PDEA. – The Board shall manage
provisions of this Act. Thereafter, such sums as may be the funds as it may deem proper for the attainment of the
necessary for the continued implementation of this Act shall be objectives of this Act. In addition to the periodic reports as may
included in the annual General Appropriations Act. be required under this Act, the Chairman of the Board shall
All receipts derived from fines, fees and other income submit to the President of the Philippines and to the presiding
authorized and imposed in this Act, including ten percent (10%) officers of both houses of Congress, within fifteen (15) days
of all unclaimed and forfeited sweepstakes and lotto prizes but from the opening of the regular session, an annual report on
not less than twelve million pesos (P12,000,000.00) per year the dangerous drugs situation in the country which shall include
from the Philippine Charity Sweepstakes Office (PCSO), are detailed account of the programs and projects undertaken,
hereby constituted as a special account in the general fund for statistics on crimes related to dangerous drugs, expenses
the implementation of this Act: Provided, That no amount shall incurred pursuant to the provisions of this Act, recommended
be disbursed to cover the operating expenses of the Board and remedial legislation, if needed, and such other relevant facts as
other concerned agencies: Provided, further, That at least fifty it may deem proper to cite.
percent (50%) of all the funds shall be reserved for assistance Section 89. Auditing the Accounts and Expenses of the Board
to government-owned and/or operated rehabilitation centers. and the PDEA. – All accounts and expenses of the Board and
The fines shall be remitted to the Board by the court imposing the PDEA shall be audited by the COA or its duly authorized
such fines within thirty (30) days from the finality of its representative.
decisions or orders. The unclaimed and forfeited prizes shall be
turned over to the Board by the PCSO within thirty (30) days ARTICLE XI
after these are collected and declared forfeited. Jurisdiction Over Dangerous Drugs Cases
A portion of the funds generated by the Philippine Amusement Section 90. Jurisdiction. – The Supreme Court shall designate
and Gaming Corporation (PAGCOR) in the amount of Five special courts from among the existing Regional Trial Courts in
million pesos (P5,000,000.00) a month shall be set aside for the each judicial region to exclusively try and hear cases involving
purpose of establishing adequate drug rehabilitation centers in violations of this Act. The number of courts designated in each
the country and also for the maintenance and operations of judicial region shall be based on the population and the number
such centers: Provided, That the said amount shall be taken of cases pending in their respective jurisdiction.
The DOJ shall designate special prosecutors to exclusively (P50,000.00) and in addition, perpetual absolute disqualification
handle cases involving violations of this Act. from public office if despite due notice to them and to the
The preliminary investigation of cases filed under this Act shall witness concerned, the former does not exert reasonable effort
be terminated within a period of thirty (30) days from the date to present the latter to the court.
of their filing. The member of the law enforcement agency or any other
When the preliminary investigation is conducted by a public government employee mentioned in the preceding paragraphs
prosecutor and a probable cause is established, the shall not be transferred or re-assigned to any other government
corresponding information shall be filed in court within twenty- office located in another territorial jurisdiction during the
four (24) hours from the termination of the investigation. If the pendency of the case in court. However, the concerned member
preliminary investigation is conducted by a judge and a of the law enforcement agency or government employee may
probable cause is found to exist, the corresponding information be transferred or re-assigned for compelling reasons:Provided,
shall be filed by the proper prosecutor within forty-eight (48) That his/her immediate superior shall notify the court where the
hours from the date of receipt of the records of the case. case is pending of the order to transfer or re-assign, within
Trial of the case under this Section shall be finished by the court twenty-four (24) hours from its approval; Provided,
not later than sixty (60) days from the date of the filing of the further, That his/her immediate superior shall be penalized with
information. Decision on said cases shall be rendered within a imprisonment of not less than two (2) months and one (1) day
period of fifteen (15) days from the date of submission of the but not more than six (6) years and a fine of not less than Ten
case for resolution. thousand pesos (P10,000.00) but not more than Fifty thousand
Section 91. Responsibility and Liability of Law Enforcement pesos (P50,000.00) and in addition, perpetual absolute
Agencies and other Government Officials and Employees in disqualification from public office, should he/she fail to notify
Testifying as Prosecution Witnesses in Dangerous Drugs Cases. the court of such order to transfer or re-assign.
– Any member of law enforcement agencies or any other Prosecution and punishment under this Section shall be without
government official and employee who, after due notice, fails or prejudice to any liability for violation of any existing law.
refuses intentionally or negligently, to appear as a witness for Section 92. Delay and Bungling in the Prosecution of Drug
the prosecution in any proceedings, involving violations of this Cases. – Any government officer or employee tasked with the
Act, without any valid reason, shall be punished with prosecution of drug-related cases under this act, who, through
imprisonment of not less than twelve (12) years and one (1) patent laxity, inexcusable neglect, unreasonable delay or
day to twenty (20) years and a fine of not less than Five deliberately causes the unsuccessful prosecution and/or
hundred thousand pesos (P500,000.00), in addition to the dismissal of the said drug cases, shall suffer the penalty of
administrative liability he/she may be meted out by his/her imprisonment ranging from twelve (12) years and one (1) day
immediate superior and/or appropriate body. to twenty (20) years without prejudice to his/her prosecution
The immediate superior of the member of the law enforcement under the pertinent provisions of the Revised Penal Code.
agency or any other government employee mentioned in the Section 93. Reclassification, Addition or Removal of Any Drug
preceding paragraph shall be penalized with imprisonment of from the List of Dangerous Drugs. – The Board shall have the
not less than two (2) months and one (1) day but not more power to reclassify, add to or remove from the list of dangerous
than six (6) years and a fine of not less than Ten thousand drugs. Proceedings to reclassify, add, or remove a drug or other
pesos (P10,000.00) but not more than Fifty thousand pesos substance may be initiated by the PDEA, the DOH, or by
petition from any interested party, including the manufacturer (b) In case a precursors and essential chemicals is reclassified
of a drug, a medical society or association, a pharmacy as dangerous drug, the penalties for violations of the Act
association, a public interest group concerned with drug abuse, involving precursors and essential chemicals shall, in case of
a national or local government agency, or an individual citizen. conviction, be imposed in all pending criminal prosecutions;
When a petition is received by the Board, it shall immediately (c) In case of the addition of a new drug to the list of
begin its own investigation of the drug. The PDEA also may dangerous drugs and precursors and essential chemicals, no
begin an investigation of a drug at any time based upon the criminal liability involving the same under this Act shall arise
information received from law enforcement laboratories, until after the lapse of fifteen (15) days from the last publication
national and local law enforcement and regulatory agencies, or of such notice;
other sources of information. (d) In case of removal of a drug from the list of dangerous
The Board after notice and hearing shall consider the following drugs and precursors and essential chemicals, all persons
factors with respect to each substance proposed to be convicted and/or detained for the use and/or possession of such
reclassified, added or removed from control: a drug shall be automatically released and all pending criminal
(a) Its actual or relative potential for abuse; prosecution involving such a drug under this Act shall forthwith
(b) Scientific evidence of its pharmacological effect if known; be dismissed; and
(c) The state of current scientific knowledge regarding the drug (e) The Board shall, within five (5) days from the date of its
or other substance; promulgation submit to Congress a detailed reclassification,
(d) Its history and current pattern of abuse; addition, or removal of any drug from the list of dangerous
(e) The scope, duration, and significance of abuse; drugs.
(f) Risk to public health; and
(g) Whether the substance is an immediate precursor of a ARTICLE XII
substance already controlled under this Act. Implementing Rules and Regulations
The Board shall also take into accord the obligations and Section 94. Implementing Rules and Regulations. – The present
commitments to international treaties, conventions and Board in consultation with the DOH, DILG, DOJ, DepEd, DSWD,
agreements to which the Philippines is a signatory. DOLE, PNP, NBI, PAGCOR and the PCSO and all other
The Dangerous Drugs Board shall give notice to the general concerned government agencies shall promulgate within sixty
public of the public hearing of the reclassification, addition to or (60) days the Implementing Rules and Regulations that shall be
removal from the list of any drug by publishing such notice in necessary to implement the provisions of this Act.
any newspaper of general circulation once a week for two (2) ARTICLE XIII
weeks. Final Provisions
The effect of such reclassification, addition or removal shall be Section 95. Congressional Oversight Committee. – There is
as follows: hereby created a Congressional Oversight Committee composed
(a) In case a dangerous drug is reclassified as precursors and of seven (7) Members from the Senate and seven (7) Members
essential chemicals, the penalties for the violations of this Act from the House of Representatives. The Members from the
involving the two latter categories of drugs shall, in case of Senate shall be appointed by the Senate President based on the
conviction, be imposed in all pending criminal prosecutions; proportional representation of the parties or coalitions therein
with at least two (2) Senators representing the Minority. The
Members from the House of Representatives shall be appointed other materials as it may require consistent with the provisions
by the Speaker, also based on proportional representation of of this Act.
the parties or coalitions therein with at least two (2) Members The Oversight Committee on Dangerous Drugs shall be assisted
representing the Minority. by a secretariat to be composed by personnel who may be
The Committee shall be headed by the respective Chairpersons seconded from the Senate and the House of Representatives
of the Senate Committee on Public Order and Illegal Drugs and and may retain consultants.
the House of Representatives Committee on Dangerous Drugs. To carry out the powers and functions of the Oversight
Section 96. Powers and Functions of the Oversight Committee on Dangerous Drugs, the initial sum of Twenty-five
Committee. – The Oversight Committee on Dangerous Drugs million pesos (P25,000,000.00) shall be charged against the
shall, in aid of legislation, perform the following functions, current appropriations of the Senate. Thereafter, such amount
among others: necessary for its continued operations shall be included in the
(a) To set the guidelines and overall framework to monitor and annual General Appropriations Act.
ensure the proper implementation of this Act; The Oversight Committee on Dangerous Drugs shall exist for a
(b) To ensure transparency and require the submission of period of ten (10) years from the effectivity of this Act and may
reports from government agencies concerned on the conduct of be extended by a joint concurrent resolution.
programs, projects and policies relating to the implementation Section 98. Limited Applicability of the Revised Penal Code. –
of this act; Notwithstanding any law, rule or regulation to the contrary, the
(c) To approve the budget for the programs of the Oversight provisions of the Revised Penal Code (Act No. 3814), as
Committee on Dangerous Drugs and all disbursements amended, shall not apply to the provisions of this Act, except in
therefrom, including compensation of all personnel; the case of minor offenders. Where the offender is a minor, the
(d) To submit periodic reports to the President of the Philippines penalty for acts punishable by life imprisonment to death
and Congress on the implementation of the provisions of this provided herein shall be reclusion perpetua to death.
Act; Section 99. Separability Clause. – If for any reason any section
(e) To determine inherent weaknesses in the law and or provision of this Act, or any portion thereof, or the
recommend the necessary remedial legislation or executive application of such section, provision or portion thereof to any
measures; and person, group or circumstance is declared invalid or
(f) To perform such other duties, functions and responsibilities unconstitutional, the remainder of this Act shall not be affected
as may be necessary to effectively attain the objectives of this by such declaration and shall remain in force and effect.
Act. Section 100. Repealing Clause. – Republic Act No. 6425, as
Section 97. Adoption of Committee Rules and Regulations, and amended, is hereby repealed and all other laws, administrative
Funding. – The Oversight Committee on Dangerous Drugs shall orders, rules and regulations, or parts thereof inconsistent with
adopt its internal rules of procedure, conduct hearings and the provisions of this Act, are hereby repealed or modified
receive testimonies, reports, and technical advice, invite or accordingly.
summon by subpoena ad testificandum any public official, Section 101. Amending Clause. – Republic Act No. 7659 is
private citizen, or any other person to testify before it, or hereby amended accordingly.
require any person by subpoena duces tecum documents or
Section 102. Effectivity. – This Act shall take effect fifteen (15)
days upon its publication in at least two (2) national
newspapers of general circulation.
REPUBLIC ACT No. 10121 the local government units (LGUs), together with partner
AN ACT STRENGTHENING THE PHILIPPINE DISASTER RISK stakeholders, to build the disaster resilience of communities,
REDUCTION AND MANAGEMENT SYSTEM, PROVIDING FOR and’ to institutionalize arrangements and measures for reducing
THE NATIONAL DISASTER RISK REDUCTION AND disaster risks, including projected climate risks, and enhancing
MANAGEMENT FRAMEWORK AND INSTITUTIONALIZING THE disaster preparedness and response capabilities at all levels;
NATIONAL DISASTER RISK REDUCTION AND MANAGEMENT (f) Adopt and implement a coherent, comprehensive,
PLAN, APPROPRIATING FUNDS THEREFOR AND FOR OTHER integrated, efficient and responsive disaster risk reduction
PURPOSES. program incorporated in the development plan at various levels
of government adhering to the principles of good governance
Section 1. Title. - This Act shall be known as the “Philippine such as transparency and accountability within the context of
Disaster Risk Reduction and Management Act of 2010″. poverty alleviation and environmental protection;
(g) Mainstream disaster risk reduction and climate change in
Section 2. Declaration of Policy. - It shall be the policy of the development processes such as policy formulation,
State to: socioeconomic development planning, budgeting, and
(a) Uphold the people’s constitutional rights to life and property governance, particularly in the areas of environment,
by addressing the root causes of vulnerabilities to disasters, agriculture, water, energy, health, education, poverty reduction,
strengthening the country’s institutional capacity for disaster land-use and urban planning, and public infrastructure and
risk reduction and management and building the resilience of housing, among others;
local communities to disasters including climate change impacts; (h) Institutionalize the policies, structures, coordination
(b) Adhere to and adopt the universal norms, principles and mechanisms and programs with continuing budget
standards of humanitarian assistance and the global effort on appropriation on disaster risk reduction from national down to
risk reduction as concrete expression of the country’s local levels towards building a disaster-resilient nation and
commitment to overcome human sufferings due to recurring communities;
disasters; (i) Mainstream disaster risk reduction into the peace process
(c) Incorporate internationally accepted principles of disaster and conflict resolution approaches in order to minimize loss of
risk management in the creation and implementation of lives and damage to property, and ensure that communities in
national, regional and local sustainable development and conflict zones can immediately go back to their normal lives
poverty reduction strategies, policies, plans and budgets; during periods of intermittent conflicts;
(d) Adopt a disaster risk reduction and management approach (j) Ensure that disaster risk reduction and climate change
that is holistic, comprehensive, integrated, and proactive in measures are gender responsive, sensitive to indigenous know
lessening the socioeconomic and environmental impacts of ledge systems, and respectful of human rights;
disasters including climate change, and promote the (k) Recognize the local risk patterns across the country and
involvement and participation of all sectors and all stakeholders strengthen the capacity of LGUs for disaster risk reduction and
concerned, at all levels, especially the local community; management through decentralized powers, responsibilities, and
(e) Develop, promote, and implement a comprehensive National resources at the regional and local levels;
Disaster Risk Reduction and Management Plan (NDRRMP) that
aims to strengthen the capacity of the national government and
(l) Recognize and strengthen the capacities of LGUs and and interests. They have a presence in public life, expressing
communities in mitigating and preparing for, responding to, and the interests and values of their members or others, and are
recovering from the impact of disasters; based on ethical, cultural, scientific, religious or philanthropic
(m) Engage the participation of civil society organizations considerations. CSOs include nongovernment organizations
(CSOs), the private sector and volunteers in the government’s (NGOs), professional associations, foundations, independent
disaster risk reduction programs towards complementation of research institutes, community-based organizations (CBOs),
resources and effective delivery of services to the Citizenry; faith-based organizations, people’s organizations, social
(n) Develop and strengthen the capacities of vulnerable and movements, and labor unions.
marginalized groups to mitigate, prepare for, respond to, and (d) “Climate Change” - a change in climate that can’ be
recover from the effects of disasters; identified by changes in the mean and/or variability of its
(o) Enhance and implement a program where humanitarian aid properties and that persists for an extended period typically
workers, communities, health professionals, government aid decades or longer, whether due to natural variability or as a
agencies, donors, and the media are educated and trained on result of human activity.
how they can actively support breastfeeding before and during (e) “Community-Based Disaster Risk Reduction and
a disaster and/or an emergency; and Management” or “CBDRRM” - a process of disaster risk
(p) Provide maximum care, assistance and services to reduction and management in which at risk communities are
individuals and families affected by disaster, implement actively engaged in the identification, analysis, treatment,
emergency rehabilitation projects to lessen the impact of monitoring and evaluation of disaster risks in order to reduce
disaster, and facilitate resumption of normal social and their vulnerabilities and enhance their capacities, and where the
economic activities. people are at the heart of decision-making and implementation
of disaster risk reduction and management activities.
Section 3. Definition of Terms. - For purposes of this Act, the (f) “Complex Emergency” - a form of human-induced
following shall refer to: emergency in which the cause of the emergency as well as the
(a) “Adaptation” - the adjustment in natural or human systems assistance to the afflicted IS complicated by intense level of
in response to actual or expected climatic stimuli or their political considerations.
effects, which moderates harm or exploits beneficial (g) “Contingency Planning” - a management process that
opportunities. analyzes specific potential events or emerging situations that
(b) “Capacity” - a combination of all strengths and resources might threaten society or the environment and establishes
available within a community, society or organization that can arrangements in advance to enable timely, effective and
reduce the level of risk, or effects of a disaster. Capacity may appropriate responses to such events and situations.
include infrastructure and physical means, institutions, societal (h) “Disaster” – a serious disruption of the functioning of a
coping abilities, as well as human knowledge, skills and community or a society involving widespread human, material,
collective attributes such as social relationships, leadership and economic or environmental losses and impacts, which exceeds
management. Capacity may also be described as capability. the ability of the affected community or society to cope using its
(c) “Civil Society Organizations” Or “CSOs” - non-state actors own resources. Disasters are often described as a result of the
whose aims are neither to generate profits nor to seek combination of: the exposure to a hazard; the conditions of
governing power. CSOs unite people to advance shared goals vulnerability that are present; and insufficient capacity or
measures to reduce or cope with the potential negative order to save lives, reduce health impacts, ensure public safety
consequences, Disaster impacts may include loss of life, injury, and meet the basic subsistence needs of the people affected.
disease and other negative effects on human, physical, mental Disaster response is predominantly focused on immediate and
and social well-being, together with damage to property, short-term needs and is sometimes called “disaster relief”.
destruction of assets, loss of services, Social and economic (m) “Disaster Risk” - the potential disaster losses in lives, health
disruption and environmental degradation.1avvphi1 status, livelihood, assets and services, which could occur to a
(i) “Disaster Mitigation” - the lessening or limitation of the particular community or a Society over some specified future
adverse impacts of hazards and related disasters. Mitigation time period.
measures encompass engineering techniques and hazard- (n) “Disaster Risk Reduction” - the concept and practice of
resistant construction as well as improved environmental reducing disaster risks through systematic efforts to analyze and
policies and public awareness. manage the causal factors of disasters, including through
(j) “Disaster Preparedness” - the knowledge and capacities reduced exposures to hazards, lessened vulnerability of people
developed by governments, professional response and recovery and property, wise management of land and the environment,
organizations, communities and individuals to effectively and improved preparedness for adverse events.
anticipate, respond to, and recover from, the Impacts of likely, (o) “Disaster Risk Reduction and Management” - the systematic
imminent or current hazard events or conditions. Preparedness process of using administrative directives, organizations, and
action is carried out within the context of disaster risk reduction operational skills and capacities to implement strategies, policies
and management and aims to build the capacities needed to and improved coping capacities in order to lessen the adverse
efficiently manage all types of emergencies and achieve orderly impacts of hazards and the possibility of disaster. Prospective
transitions from response to sustained recovery. Preparedness disaster risk reduction and management refers to risk reduction
is based on a sound analysis of disaster risk and good linkages and management activities that address and seek to avoid the
with early warning systems, and includes such activities as development of new or increased disaster risks, especially if risk
contingency planning, stockpiling of equipment and supplies, reduction policies are not put m place.
the development of arrangements for coordination, evacuation (p) “Disaster Risk Reduction and Management Information
and public information, and associated training and field System” - a specialized database which contains, among others,
exercises. These must be supported by formal institutional, legal information on disasters and their human material, economic
and budgetary capacities. and environmental impact, risk assessment and mapping and
(k) “Disaster Prevention” - the outright avoidance of adverse vulnerable groups.
impacts of hazards and related disasters. It expresses the (q) “Early Warning System” - the set of capacities needed to
concept and intention to completely avoid potential adverse generate and disseminate timely and meaningful warning
impacts through action taken in advance such as construction of information to enable individuals, communities and
dams or embankments that eliminate flood risks, land-use organizations threatened by a hazard to prepare and to act
regulations that do not permit any settlement in high-risk zones, appropriately and in sufficient time to reduce the possibility of
and seismic engineering designs that ensure the survival and harm or loss. A people-centered early warning system
function of a critical building in any likely earthquake. necessarily comprises four (4) key elements: knowledge of the
(l) “Disaster Response” - the provision of emergency services risks; monitoring, analysis and forecasting of the hazards;
and public assistance during or immediately after a disaster in communication or dissemination of alerts and warnings; and
local capabilities to respond to the warnings received. The comprehensive land-use planning, building and safety
expression “end-to-end warning system” is also used to standards, and legislation.
emphasize that warning systems need to span all steps from (y) “National Disaster Risk Reduction and Management
hazard detection to community response. Framework” or “NDRRMF” - provides for comprehensive, all
(r) “Emergency” - unforeseen or sudden occurrence, especially hazards, multi-sectoral, inter-agency and community-based
danger, demanding immediate action. approach to disaster risk reduction and management.
(s) “Emergency Management” - the organization and (z) “National Disaster Risk Reduction and Management Plan” or
management of resources and responsibilities for addressing all “NDRRMP” - the document to be formulated and implemented
aspects of emergencies, in particular preparedness, response by the Office of Civil Defense (OCD) that sets out goals and
and initial recovery steps. specific objectives for reducing disaster risks together with
(t) “Exposure” - the degree to which the elements at risk are related actions to accomplish these objectives.
likely to experience hazard events of different magnitudes. The NDRRMP shall provide for the identification of hazards,
(u) “Geographic Information System” - a database which vulnerabilities and risks to ‘be managed at the national level;
contains, among others, geo-hazard assessments, information disaster risk reduction and management approaches and
on climate change, and climate risk reduction and management. strategies to be applied m managing said hazards and risks;
(v) “Hazard” - a dangerous phenomenon, substance, human agency roles, responsibilities and lines of authority at all
activity or condition that may cause loss of life, injury or other government levels; and vertical and horizontal coordination of
health impacts, property damage, loss of livelihood and disaster risk reduction and management in the pre-disaster and
services, social and economic disruption, or environmental post-disaster phases. It shall be in conformity with the
damage. NDRRMF.
(w) “Land-Use Planning” - the process undertaken by public (aa) “Post-Disaster Recovery” - the restoration and
authorities to identify, evaluate and decide on different options improvement where appropriate, of facilities, livelihood and
for the use of land, including consideration of long-term living conditions. of disaster-affected communities, including
economic, social and environmental objectives and the efforts to reduce disaster risk factors, in accordance with the
implications for different communities and interest groups, and principles of “build back better”.
the subsequent formulation and promulgation of plans that (bb) “Preparedness” - pre-disaster actions and measures being
describe the permitted or acceptable uses. undertaken within the context of disaster risk reduction and
(x) “Mitigation” - structural and non-structural measures management and are based on sound risk analysis as well as
undertaken to limit the adverse impact of natural hazards, pre-disaster activities to avert or minimize loss of life and
environmental degradation, and technological hazards and to property such as, but not limited to, community organizing,
ensure the ability of at-risk communities to address training, planning, equipping, stockpiling, hazard mapping,
vulnerabilities aimed at minimizing the impact of disasters. Such insuring of assets, and public information and education
measures include, but are not limited to, hazard-resistant initiatives. This also includes the development/enhancement of
construction and engineering works, the formulation and an overall preparedness strategy, policy, institutional structure,
implementation of plans, programs, projects and activities, warning and forecasting capabilities, and plans that define
awareness raising, knowledge management, policies on land- measures geared to help at-risk communities safeguard their
use and resource management, as well as the enforcement of lives and assets by being alert to hazards and taking
appropriate action in the face of an Imminent threat or an effectiveness of prevailing and alternative coping capacities in
actual disaster. respect to likely risk scenarios.
(cc) “Private Sector” - the key factor in the realm of the (jj) “Risk Management” - the systematic approach and practice
economy where the central social concern and process are the of managing uncertainty to minimize potential harm and loss. It
mutually beneficial production and distribution of goods and comprises risk assessment and analysis, and the implementation
services to meet the physical needs of human beings. The of strategies and specific actions to control, reduce and transfer
private sector comprises private corporations, households and risks. It is widely practiced by organizations to minimize risk in
nonprofit institutions serving households. investment decisions and to address operational risks such as
(dd) “Public Sector Employees” - all persons in the civil service. those of business disruption, production failure, environmental
(ee) “Rehabilitation” - measures that ensure the ability of damage, social impacts and damage from fire and natural
affected communities/areas to restore their normal level of hazards.
functioning by rebuilding livelihood and damaged infrastructures (kk) “Risk Transfer” - the process of formally or informally
and increasing the communities’ organizational capacity. shifting the financial consequences of particular risks from one
(ff) “Resilience” - the ability of a system, community or society party to another whereby a household, community, enterprise
exposed to hazards to resist, absorb, accommodate and recover or state authority will obtain resources from the other party
from the effects of a hazard in a timely and efficient manner, after a disaster occurs, in exchange for ongoing or
including through the preservation and restoration of its compensatory social or financial benefits provided to that other
essential basic structures and functions. party.
(gg) “Response” - any concerted effort by two (2) or more (ll) “State of Calamity” - a condition involving mass casualty
agencies, public or private, to provide assistance or intervention and/or major damages to property, disruption of means of
during or immediately after a disaster to meet the life livelihoods, roads and normal way of life of people in the
preservation and basic subsistence needs of those people affected areas as a result of the occurrence of natural or
affected and in the restoration of essential public activities and human-induced hazard.
facilities. (mm) “Sustainable Development” - development that meets the
(hh) “Risk” - the combination of the probability of an event and needs of the present without compromising the ability of future
its negative consequences. generations to meet their own needs. It contains within it two
(ii) “Risk Assessment” - a methodology to determine the nature (2) key concepts: (1) the concept of “needs”, in particular, the
and extent of risk by analyzing potential hazards and evaluating essential needs of the world’s poor, to which overriding priority
existing conditions of vulnerability that together could should be given; and (2) the idea of limitations imposed by the
potentially harm exposed people, property, services, livelihood state of technology and social organizations on the
and the environment on which they depend. Risk assessments environment’s ability to meet present and future needs. It is the
with associated risk mapping include: a review of the technical harmonious integration of a sound and viable economy,
characteristics of hazards such as their location, intensity, responsible governance, social cohesion and harmony, and
frequency and probability; the analysis of exposure and ecological integrity to ensure that human development now and
vulnerability including the physical, social, health, economic and through future generations is a life-enhancing process.
environmental dimensions; and the evaluation of the (nn) “Vulnerability” - the characteristics and circumstances of a
community, system or asset that make it susceptible to the
damaging effects of a hazard. Vulnerability may arise from (b) Secretary of the Department of Environment and Natural
various physical, social, economic, and environmental factors Resources (DENR);
such as poor design and construction of buildings, inadequate (c) Secretary of the Department of Agriculture (DA);
protection of assets, lack of public information and awareness, (d) Secretary of the Department of Education (DepED);
limited official recognition of risks and preparedness measures, (e) Secretary of the Department of Energy (DOE);
and disregard for wise environmental management. (f) Secretary of the Department of Finance (DOF);
(oo) “Vulnerable and Marginalized Groups” - those that face (g) Secretary of the Department of Trade and Industry (DT!);
higher exposure to disaster risk and poverty including, but not (h) Secretary of the Department of Transportation and
limited to, women, children, elderly, differently-abled people, Communications (DOTC);
and ethnic minorities. (i) Secretary of the Department of Budget and Management
(DBM);
Section 4. Scope. - This Act provides for the development of (j) Secretary of the Department of Public Works and Highways
policies and plans and the implementation of actions and (DPWH);
measures pertaining to all aspects of disaster risk reduction and (k) Secretary of the Department of Foreign Affairs (DFA);
management, including good governance, risk assessment and (l) Secretary of the Department of Justice (DOJ);
early warning, knowledge building and awareness raising, (m) Secretary of the Department of Labor and Employment
reducing underlying risk factors, and preparedness for effective (DOLE);
response and early recovery. (n) Secretary of the Department of Tourism (DOT);
(o) The Executive Secretary;
Section 5. National Disaster Risk Reduction and Management (p)Secretary of the Office of the Presidential Adviser on the
Council. - The present National Disaster Coordinating Council or Peace Process (OPAPP);
NDCC shall henceforth be known as the National Disaster Risk (q) Chairman, Commission on Higher Education (CHED);
Reduction and Management Council, hereinafter referred to as (r) Chief of Staff, Armed Forces of the Philippines (AFP);
the NDRRMC or the National Council. (s) Chief, Philippine National Police (PNP);
The National Council shall be headed by the Secretary of the (t) The Press Secretary;
Department of National Defense (DND) as Chairperson with the (u) Secretary General of the Philippine National Red Cross
Secretary of the Department of the Interior and Local (PNRC);
Government (DILG) as Vice Chairperson for Disaster (v) Commissioner of the National Anti-Poverty Commission-
Preparedness, the Secretary of the Department of Social Victims of Disasters and Calamities Sector (NAPCVDC);
Welfare and Development (DSWD) as Vice Chairperson for (w) Chairperson, National Commission on the Role of Filipino
Disaster Response, the Secretary of the Department of Science Women;
and Technology (DOST) as Vice Chairperson for Disaster (x) Chairperson, Housing and Urban Development Coordinating
Prevention and Mitigation, and the Director-General of the Council (HUDCC);
National Economic and Development Authority (NEDA) as Vice (y) Executive Director of the Climate Change Office of the
Chairperson for Disaster Rehabilitation and Recovery. Climate Change Commission;
The National Council’s members shall be the following: (z) President, Government Service Insurance System (GSIS);
(a) Secretary of the Department of Health (DOH); (aa) President, Social Security System (SSS);
(bb) President, Philippine Health Insurance Corporation proposals to restore normalcy in the affected areas, to include
(PhilHealth); calamity fund allocation;
(cc) President of the Union of Local Authorities of the Philippines (d) Ensure a multi-stakeholder participation in the development,
(ULAP); updating, and sharing of a Disaster Risk Reduction and
(dd) President of the League of Provinces of the Philippines Management Information System and Geographic Information
(LPP); System-based national risk map as policy, planning and
(ee) President of the League of Cities of the Philippines (LCP); decision-making tools;
(ff) President of the League of Municipalities of the Philippines (e) Establish a national early warning and emergency alert
(LMP); system to provide accurate and timely advice to national or local
(gg) President of the Liga ng Mga Barangay (LMB); emergency response organizations and to the general public
(hh) Four (4) representatives from the CSOs; through diverse mass media to include digital and analog
(ii) One (1) representative from the private sector; and broadcast, cable, satellite television and radio, wireless
(jj) Administrator of the OCD. communications, and landline communications;
The representatives from the CSOs and the private sector shall (f) Develop appropriate risk transfer mechanisms that shall
be selected from among their respective ranks based on the guarantee social and economic protection and increase
criteria and mechanisms to be set for this purpose by the resiliency in the face of disaster;
National Council. (g) Monitor the development and enforcement by agencies and
organizations of the various laws, guidelines, codes or technical
Section 6. Powers and Functions of the NDRRMC. - The National standards required by this Act;
Council, being empowered with policy-making, coordination, (h) Manage and mobilize resources for disaster risk reduction
integration, supervision, monitoring and evaluation functions, and management including the National Disaster Risk Reduction
shall have the following responsibilities: and Management Fund;
(a) Develop a NDRRMF which shall provide for a (i) Monitor and provide the necessary guidelines and
comprehensive, all-hazards, multi-sectoral, inter-agency and procedures. on the Local Disaster Risk Reduction and
community-based approach to disaster risk reduction and Management Fund (LDRRMF) releases as well as utilization,
management. The Framework shall serve as the principal guide accounting and auditing thereof;
to disaster risk reduction and management efforts in the (j) Develop assessment tools on the existing and potential
country and shall be reviewed on a five(5)-year interval, or as hazards and risks brought about by climate change to
may be deemed necessary, in order to ensure its relevance to vulnerable areas and ecosystems in coordination with the
the times; Climate Change Commission;
(b) Ensure that the NDRRMP is consistent with the NDRRMF; (k) Develop vertical and horizontal coordination mechanisms for
(c) Advise the President on the status of disaster preparedness, a more coherent implementation of disaster risk reduction and
prevention, mitigation, response and rehabilitation operations management policies and programs by sectoral agencies and
being undertaken by the government, CSOs, private sector, and LGUs;
volunteers; recommend to the President the declaration of a (l) Formulate a national institutional capability building program
state of calamity in areas extensively damaged; and submit for disaster risk reduction and management to address the
specific’ weaknesses of various government agencies and LGUs,
based on the results of a biennial baseline assessment and Section 8. The Office of Civil Defense. - The Office of Civil
studies; Defense (OCD) shall have the primary mission of administering
(m) Formulate, harmonize, and translate into policies a national a comprehensive national civil defense and disaster risk
agenda for research and technology development on disaster reduction and management program by providing leadership in
risk reduction and management; the continuous development of strategic and systematic
(n) In coordination with the Climate Change Commission, approaches as well as measures to reduce the vulnerabilities
formulate and implement a framework for climate change and risks to hazards and manage the consequences of disasters.
adaptation and disaster risk reduction and management from The Administrator of the OCD shall also serve as Executive
which all policies, programs, and projects shall be based; Director of the National Council and, as such, shall have the
(o) Constitute a technical management group composed of same duties and privileges of a department undersecretary. All
representatives of the abovementioned departments, offices, appointees shall be universally acknowledged experts in the
and organizations, that shall coordinate and meet as often as field of disaster preparedness and management and of proven
necessary to effectively manage and sustain national efforts on honesty and integrity. The National Council shall utilize the
disaster risk reduction and management; services and facilities of the OCD as the secretariat of the
(p) Task the OCD to conduct periodic assessment and National Council.
performance monitoring of the member-agencies of the
NDRRMC, and the Regional Disaster Risk Reduction and Section 9. Powers and Functions of the OCD. - The OCD shall
Management Councils (RDRRMCs), as defined in the NDRRMP; have the following powers and functions:
and (a) Advise the National Council on matters relating to disaster
(q) Coordinate or oversee the Implementation of the country’s risk reduction and management consistent with the policies and
obligations with disaster management treaties to which it IS a scope as defined in this Act;
party and see to It that the country’s disaster management (b) Formulate and implement the NDRRMP and ensure that the
treaty obligations be incorporated in its disaster risk reduction physical framework, social, economic and environmental plans
and management frameworks, policies, plans, programs and of communities, cities, municipalities and provinces are
projects. consistent with such plan. The National Council shall approve
the NDRRMP;
Section 7. Authority of the NDRRMC Chairperson. - The (c) Identify, assess and prioritize hazards and risks in
Chairperson of the NDRRMC may call upon other consultation with key stakeholders;
instrumentalities or entities of the government and (d) Develop and ensure the implementation of national
nongovernment and civic organizations for assistance In terms standards in carrying out disaster risk reduction programs
of the use of their facilities and resources for the protection and including preparedness, mitigation, prevention, response and
preservation of life and properties in the whole range of disaster rehabilitation works, from data collection and analysis, planning,
risk reduction and management. This authority includes the implementation, monitoring and evaluation;
power to call on the reserve force as defined in Republic Act No. (e) Review and evaluate the Local Disaster risk Reduction and
7077 to assist in relief and rescue during disasters or calamities. Management Plans (LDRRMPs) to facilitate the integration of
disaster risk reduction measures into the local Comprehensive
Development Plan (CDP) and Comprehensive Land-Use Plan (CL and communities, and recognize their contributions in the
UP); government’s disaster risk reduction efforts;
(f) Ensure that the LG U s, through the Local Disaster Risk (m) Conduct early recovery and post-disaster needs assessment
Reduction and Management Offices (LDRRMOs) are properly institutionalizing gender analysis as part of it;
informed and adhere to the national standards and programs; (n) Establish an operating facility to be known as the National
(g) Formulate standard operating procedures for the Disaster Risk Reduction and Management Operations Center
deployment of rapid assessment teams, information sharing (NDRRMOC) that shall be operated and staffed on a twenty-four
among different government agencies, and coordination before (24) hour basis;
and after disasters at all levels; (o) Prepare the criteria and procedure for the enlistment of
(h) Establish standard operating procedures on the accredited community disaster volunteers (ACDVs). It shall
communication system among provincial, city, municipal, and include a manual of operations for the volunteers which shall be
barangay disaster risk reduction and management councils, for developed by the OCD in consultation with various stakeholders;
purposes of warning and alerting them and for gathering (p) Provide advice and technical assistance and assist in
information on disaster areas before, during and after disasters; mobilizing necessary resources to increase the overall capacity
(i) Establish Disaster Risk Reduction and Management Training of LGUs, specifically the low income and in high-risk areas;
Institutes in such suitable location as may be deemed (q) Create the necessary offices to perform its mandate as
appropriate to train public and private individuals, both local provided under this Act; and
and national, in such subject as disaster risk reduction and (r) Perform such other functions as may be necessary for
management among others. The Institute shall consolidate and effective operations and implementation of this Act.
prepare training materials and publications of disaster risk
reduction and management books and manuals to assist Section 10. Disaster Risk Reduction and Management
disaster risk reduction and management workers in the planning Organization at the Regional Level. - The current Regional
and implementation of this program and projects. The Institute Disaster Coordinating Councils shall henceforth be known as the
shall conduct research programs to upgrade know ledge and Regional Disaster Risk Reduction and Management Councils
skills and document best practices on disaster risk reduction and (RDRRMCs) which shall coordinate, integrate, supervise, and
management. The Institute is also mandated to conduct evaluate the activities of the LDRRMCs. The RDRRMC shall be
periodic awareness and education programs to accommodate responsible in ensuring disaster sensitive regional development
new elective officials and members of the LDRRMCs; plans, and in case of emergencies shall convene the different
(j) Ensure that all disaster risk reduction programs, projects and regional line agencies and concerned institutions and
activities requiring regional and international support shall be in authorities.
accordance with duly established national policies and aligned The RDRRMCs shall establish an operating facility to be known
with international agreements; as the Regional Disaster Risk Reduction and Management
(k) Ensure that government agencies and LGUs give toppriority Operations Center (RDRRMOC) whenever necessary.
and take adequate and appropriate measures in disaster risk The civil defense officers of the OCD who are or may be
reduction and management; designated as Regional Directors of the OCD shall serve as
(l) Create an enabling environment for substantial and chairpersons of the RDRRMCs. Its Vice Chairpersons shall be the
sustainable participation of CSOs, private groups, volunteers Regional Directors of the DSWD, the DILG, the DOST, and the
NEDA. In the case of the Autonomous Region in Muslim (16) The Philippine National Red Cross (PNRC), member;
Mindanao (ARMM), the Regional Governor shall be the RDRRMC (17) Four (4) accredited CSOs, members; and
Chairperson. The existing regional offices of the OCD shall serve (18) One (1) private sector representative, member.
as secretariat of the RDRRMCs. The RDRRMCs shall be (b) The LDRRMCs shall have the following functions:
composed of the executives of regional offices and field stations (1) Approve, monitor and evaluate the implementation of the
at the regional level of the government agencies. LDRRMPs and regularly review and test the plan consistent with
Section 11. Organization at the Local Government Level. - The other national and local planning programs;
existing Provincial, City, and Municipal Disaster Coordinating (2) Ensure the integration of disaster risk reduction and climate
Councils shall henceforth be known as the Provincial, City, and change adaptation into local development plans, programs and
Municipal Disaster Risk Reduction and Management Councils. budgets as a strategy in sustainable development and poverty
The Barangay Disaster Coordinating Councils shall cease to exist reduction;
and its powers and functions shall henceforth be assumed by (3) Recommend the implementation of forced or preemptive
the existing Barangay Development Councils (BDCs) which shall evacuation of local residents, if necessary; and
serve as the LDRRMCs in every barangay. (4) Convene the local council once every three (3) months or as
(a) Composition: The LDRRMC shall be composed of, but not necessary.
limited to, the following: Section 12. Local Disaster Risk Reduction and Management
(1) The Local Chief Executives, Chairperson; Office (LDRRMO). - (a) There shall be established an LDRRMO
(2) The Local Planning and Development Officer, member; in every province, city and municipality, and a Barangay
(3) The Head of the LDRRMO, member; Disaster Risk Reduction and Management Committee (BDRRMC)
(4) The Head of the Local Social Welfare and Development in every · barangay which shall be responsible for setting the
Office, member; direction, development, implementation and coordination of
(5) The Head of the Local Health Office, member; disaster risk management programs within their territorial
(6) The Head of the Local Agriculture Office, member; jurisdiction.
(7) The Head of the Gender and Development Office, member; (b) The LDRRMO shall be under the office of the governor, city
(8) The Head of the Local Engineering Office, member; or municipal mayor, and the punong barangay in case of the
(9) The Head of the Local Veterinary Office, member; BDRRMC. The LDRRMOs shall be initially organized and
(10) The Head of the Local Budget Office, member; composed of a DRRMO to be assisted by three (3) staff
(11) The Division Head/Superintendent of Schools of the responsible for: (1) administration and training; (2) research
DepED, member; and planning; and (3) operations and warning. The LDRRMOs
(12) The highest-ranking officer of the Armed Forces of the and the BDRRMCs shall organize, train and directly supervise
Philippines (AFP) assigned in the area, member; the local emergency response teams and the ACDVs.
(13) The Provincial Director/City/Municipal Chief of the (c) The provincial, city and municipal DRRMOs or BDRRMCs
Philippine National Police (PNP), member; shall perform the following functions with impartiality given the
(14) The Provincial Director/City/ Municipal Fire Marshall of the emerging challenges brought by disasters of our times:
Bureau of Fire Protection (BFP), member; (1) Design, program, and coordinate disaster risk reduction and
(15) The President of the Association of Barangay Captains management activities consistent with the National Council’s
(ABC), member; standards and guidelines;
(2) Facilitate and support risk assessments and contingency (12) Maintain a database of human resource, equipment,
planning activities at the local level; directories, and location of critical infrastructures and their
(3) Consolidate local disaster risk information which includes capacities such as hospitals and evacuation centers;
natural hazards, vulnerabilities, and climate change risks, and (13) Develop, strengthen and operationalize mechanisms for
maintain a local risk map; partnership or networking with the private sector, CSOs, and
(4) Organize and conduct training, orientation, and knowledge volunteer groups;
management activities on disaster risk reduction and (14) Take all necessary steps on a continuing basis to maintain,
management at the local level; provide, or arrange the provision of, or to otherwise make
(5) Operate a multi-hazard early warning system, linked to available, suitably-trained and competent personnel for effective
disaster risk reduction to provide accurate and timely advice to civil defense and disaster risk reduction and management in its
national or local emergency response organizations and to the area;
general public, through diverse mass media, particularly radio, (15) Organize, train, equip and supervise the local emergency
landline communications, and technologies for communication response teams and the ACDV s, ensuring that humanitarian aid
within rural communities; workers are equipped with basic skills to assist mothers to
(6) Formulate and implement a comprehensive and – integrated breastfeed;
LDRRMP in accordance with the national, regional and provincial (16) Respond to and manage the adverse effects of
framework, and policies on disaster risk reduction in close emergencies and carry out recovery activities in the affected
coordination with the local development councils (LDCs); area, ensuring that there is an efficient mechanism for
(7) Prepare and submit to the local sanggunian through the immediate delivery of food, shelter and medical supplies for
LDRRMC and the LDC the annual LDRRMO Plan and budget, the women and children, endeavor to create a special place where
proposed programming of the LDRRMF, other dedicated disaster internally-displaced mothers can find help with breastfeeding,
risk reduction and management resources, and other regular feed and care for their babies and give support to each other;
funding source/s and budgetary support of the (17) Within its area, promote and raise public awareness of and
LDRRMO/BDRRMC; compliance with this Act and legislative provisions relevant to
(8) Conduct continuous disaster monitoring and mobilize the purpose of this Act;
instrumentalities and entities of the LGUs, CSOs, private groups (18) Serve as the secretariat and executive arm of the LDRRMC;
and organized volunteers, to utilize their facilities and resources (19) Coordinate other disaster risk reduction and management
for the protection and preservation of life and properties during activities;
emergencies in accordance with existing policies and (20) Establish linkage/network with other LGUs for disaster risk
procedures; reduction and emergency response purposes;
(9) Identify, access and manage the hazards vulnerabilities and (21) Recommend through the LDRRMC the enactment of local
risks that may occur in their locality; ordinances consistent with the requirements of this Act;
(10) Disseminate information and raise public awareness about (22) Implement policies, approved plans and programs of the
those hazards. vulnerabilities and risks, their nature, effects, LDRRMC consistent with the policies and guidelines laid down in
early warning signs and counter-measures; this Act;
(11) Identify and implement cost-effective risk reduction (23) Establish a Provincial/City/Municipal/Barangay Disaster Risk
measures/strategies; Reduction and Management Operations Center;
(24) Prepare and submit, through the LDRRMC and the LDC, personnel accident insurance as may be defined under the
the report on the utilization of the LDRRMF and other dedicated guidelines.
disaster risk reduction and management resources to the local
Commission on Audit (COA), copy furnished the regional Section 14. Integration of Disaster Risk Reduction Education
director of the OCD and the Local Government Operations into the School Curricula and Sangguniang Kabataan (SK)
Officer of the DILG; and Program and Mandatory Training for the Public Sector
(25) Act on other matters that may be authorized by the Employees. - The DepED, the CHED, the Technical Education
LDRRMC. and Skills Development Authority (TESDA), in coordination with
(d) The BDRRMC shall be a regular committee of the existing the OCD, the National Youth Commission (NYC), the DOST, the
BDC and shall be subject thereto. The punong barangay shall DENR, the DILG-BFP, the DOH, the DSWD and other relevant
facilitate and ensure the participation of at least two (2) CSO agencies, shall integrate disaster risk reduction and
representatives from existing and active community-based management education in the school curricula of secondary and
people’s organizations representing the most vulnerable and tertiary level of education, including the National Service
marginalized groups in the barangay. Training Program (NSTP), whether private or public, including
formal and nonformal, technical-vocational, indigenous learning,
Section 13. Accreditation, Mobilization, and Protection of and out-of-school youth courses and programs.
Disaster Volunteers and National Service Reserve Corps, CSOs The NDRRMC, the RDRRMCs, the LDRRMCs, the LDRRMOs, the
and the Private Sector. - The government agencies, CSOs, BDRRMCs and the SK councils shall encourage community,
private sector and LGUs may mobilize individuals or organized specifically the youth, participation in disaster risk reduction and
volunteers to augment their respective personnel complement management activities, such as organizing quick response
and logistical requirements in the delivery of disaster risk groups, particularly in identified disaster-prone areas, as well as
reduction programs and activities. The agencies, CSOs, private the inclusion of disaster risk reduction and management
sector, and LGUs concerned shall take full responsibility for the programs as part of the SK programs and projects.
enhancement, welfare and protection of volunteers, and shall The public sector employees shall be trained in emergency
submit the list of volunteers to the OCD, through the LDRRMOs, response and preparedness. The training is mandatory for such
for accreditation and inclusion in the database of community employees to comply with the provisions of this Act.
disaster volunteers.
A national roster of ACDVs, National Service Reserve Corps, Section 15. Coordination During Emergencies. - The LDRRMCs
CSOs and the private sector shall be maintained by the OCD shall take the lead in preparing for, responding to, and
through the LDRRMOs. Accreditation shall be done at the recovering from the effects of any disaster based on the
municipal or city level. following criteria:
Mobilization of volunteers shall be in accordance with the (a) The BDC, if a barangay is affected;
guidelines to be formulated by the NDRRMC consistent with the (b) The city/municipal DRRMCs, If two (2) or more barangays
provisions of this Act. Any volunteer who incurs death or injury are affected;
while engaged in any of the activities defined under this Act (c) The provincial DRRMC, if two (2) or more
shall be entitled to compensatory benefits and individual cities/municipalities are affected;
(d) The regional DRRMC, if two (2) or more provinces are (d) Granting of no-interest loans by government financing or
affected; and lending institutions to the most affected section of the
(e) The NDRRMC, if two (2) or more regions are affected. population through their cooperatives or people’s organizations.
The NDRRMC and intermediary LDRRMCs shall always act as
support to LGUs which have the primary responsibility as first Section 18. Mechanism for International Humanitarian
disaster responders. Private sector and civil society groups shall Assistance. - (a) The importation and donation of food, clothing,
work in accordance with the coordination mechanism and medicine and equipment for relief and recovery and other
policies set by the NDRRMC and concerned LDRRMCs. disaster management and recovery-related supplies is hereby
authorized in accordance with Section 105 of the Tariff and
Section 16. Declaration of State of Calamity. - The National Customs Code of the Philippines, as amended, and the
Council shall recommend to the President of the Philippines the prevailing provisions of the General Appropriations Act covering
declaration of a cluster of barangays, municipalities, cities, national internal revenue taxes and import duties of national
provinces, and regions under a state of calamity, and the lifting and local government agencies; and
thereof, based on the criteria set by the National Council. The (b) Importations and donations under this section shall be
President’s declaration may warrant international humanitarian considered as importation by and/or donation to the NDRRMC,
assistance as deemed necessary. subject to the approval of the Office of the President.
The declaration and lifting of the state of calamity may also be
issued by the local sanggunian, upon the recommendation of Section 19. Prohibited Acts. - Any person, group or corporation
the LDRRMC, based on the results of the damage assessment who commits any of the following prohibited acts shall be held
and needs analysis. liable and be subjected to the penalties as prescribed in Section
20 of this Act:
Section 17. Remedial Measures. - The declaration of a state of (a) Dereliction of duties which leads to destruction, loss of lives,
calamity shall make mandatory the Immediate undertaking of critical damage of facilities and misuse of funds;
the following remedial measures by the member-agencies (b) Preventing the entry and distribution of relief goods in
concerned as defined in this Act: disaster-stricken areas, including appropriate technology, tools,
(a) Imposition of price ceiling on basic necessities and prime equipment, accessories, disaster teams/experts;
commodities by the President upon the recommendation of the (c) Buying, for consumption or resale, from disaster relief
implementing agency as provided for under Republic Act No. agencies any relief goods, equipment or other and commodities
7581, otherwise known as the “Price Act”, or the National Price which are intended for distribution to disaster affected
Coordinating Council; communities;
(b) Monitoring, prevention and control by the Local Price (d) Buying, for consumption or resale, from the recipient
Coordination Council of overpricing/profiteering and hoarding of disaster affected persons any relief goods, equipment or other
prime commodities, medicines and petroleum products; aid commodities received by them;
(c) Programming/reprogramming of funds for the repair and (e) Selling of relief goods, equipment or other aid commodities
safety upgrading of public infrastructures and facilities; and which are intended for distribution to disaster victims;
(f) Forcibly seizing relief goods, equipment or other aid shall be prosecuted and upon conviction shall suffer a fine of
commodities intended for or consigned to a specific group of not less than Fifty thousand pesos (Php50,000.00) or any
victims or relief agency; amount not to exceed Five hundred thousand pesos
(g) Diverting or misdelivery of relief goods, equipment or other (php500,000.00) or imprisonment of not less than six (6) years
aid commodities to persons other than the rightful recipient or and one (1) day or more than twelve (12) years, or both, at the
consignee; discretion of the court, including perpetual disqualification from
(h) Accepting, possessing, using or disposing relief goods, public office if the offender IS a public officer, and confiscation
equipment or other aid commodities not intended for nor or forfeiture in favor of the government of the objects and the
consigned to him/her; instrumentalities used in committing any of herein prohibited
(i) Misrepresenting the source of relief goods, equipment or acts.
other aid commodities by: If the offender is a corporation, partnership or association, or
(1) Either covering, replacing or defacing the labels of the other juridical entity, the penalty shall be imposed upon the
containers to make it appear that the goods, equipment or officer or officers of the corporation, partnership, association or
other aid commodities came from another agency or persons; entity responsible for the violation without prejudice to the
(2) Repacking the! goods, equipment or other aid commodities cancellation or revocation of these entities license or
into containers with different markings to make it appear that accreditation issued to them by any licensing or accredited body
the goods came from another agency or persons or was of the government. If such offender is an alien, he or she shall,
released upon the instance of a particular agency or persons; in addition to the penalties prescribed in this Act, be deported
(3) Making false verbal claim that the goods, equipment or without further proceedings after service of the sentence.
other and commodity m its untampered original containers However, the prosecution for offenses set forth in Section 19 of
actually came from another agency or persons or was released this Act shall be without prejudice to any liability for violation of
upon the instance of a particular agency or persons; Republic Act No. 3185, as amended, otherwise known as the
(j) Substituting or replacing relief goods, equipment or other aid Revised Penal Code, and other civil liabilities.
commodities with the same items or inferior/cheaper quality;
(k) Illegal solicitations by persons or organizations representing Section 21. Local Disaster Risk” Reduction and Management
others as defined in the standards and guidelines set by the Fund (LDRRMF). - The present Local Calamity Fund shall
NDRRMC; henceforth be known as the Local Disaster Risk Reduction and
(l) Deliberate use of false at inflated data in support of the Management Fund (LDRRMF). Not less than five percent (5%)
request for funding, relief goods, equipment or other aid of the estimated revenue from regular sources shall be set aside
commodities for emergency assistance or livelihood projects; as the LDRRMF to support disaster risk management activities
and such as, but not limited to, pre-disaster preparedness programs
(m) Tampering with or stealing hazard monitoring and disaster including training, purchasing life-saving rescue equipment,
preparedness equipment and paraphernalia. supplies and medicines, for post-disaster activities, and for the
payment of premiums on calamity insurance. The LDRRMC shall
Section 20. Penal Clause. - Any individual, corporation, monitor and evaluate the use and disbursement of the LDRRMF
partnership, association, or other juridical entity that commits based on the. LDRRMP was incorporated in the local
any of the prohibited acts provided for in Section 19 of this Act development plans and annual work and financial plan. Upon
the recommendation of the LDRRMO and approval of the stricken by disasters, calamities, epidemics, or complex
sanggunian concerned, the LDRRMC may transfer the said fund emergencies, may be normalized as quickly as possible.
to support disaster risk reduction work of other LDRRMCs which (d) All departments/agencies and LGUs that are allocated with
are declared under state of calamity. DRRM fund shall submit to the NDRRMC their monthly
Of the amount appropriated for LDRRMF, thirty percent (30%) statements on the utilization of DRRM funds and make an
shall be allocated as Quick Response Fund (QRF) or stand-by accounting thereof in accordance with existing accounting and
fund for relief and recovery programs in order that situation and auditing rules.
living conditions of people In communities or areas stricken by (e) All departments, bureaus, offices and agencies of the
disasters, calamities, epidemics, or complex emergencies, may government are hereby authorized to use a portion of their
be normalized as quickly as possible. appropriations to implement projects designed to address DRRM
Unexpended LDRRMF shall accrue to a special trust fund solely activities in accordance with the guidelines to be issued by the
for the purpose of supporting disaster risk reduction and NDRRMC in coordination with the DBM.
management activities of the LDRRMCs within the next five (5)
years. Any such amount still not fully utilized after five (5) years Section 23. Funding of the OCD. - As lead agency to carry out
shall revert back to the general fund and will be available for the provisions of this Act, the OCD shall be allocated a budget
other social services to be identified by the local sanggunian. of One billion pesos (Php1,000,000,000.00) revolving fund
starting from the effectivity of this Act.
Section 22. National Disaster Risk” Reduction and Management
Fund. - (a) The present Calamity Fund appropriated under the Section 24. Annual Report. - The National Council, through the
annual General Appropriations Act shall henceforth be known as OCD, shall submit to the Office of the President, the Senate and
the National Disaster Risk Reduction and Management Fund the House of Representatives, within the first quarter of the
(NDRRM Fund) and it shall be used for disaster risk reduction or succeeding year, an annual report relating to the progress of
mitigation, prevention and preparedness activities such as but the implementation of the NDRRMP.
not limited to training of personnel, procurement of equipment,
and capital expenditures. It can also be utilized for relief, Section 25. Implementing Rules and Regulations. - The
recovery, reconstruction and other work or services in NDRRMC. through its Chairperson. shall issue the necessary
connection with natural or human induced calamities which may rules and regulations for the effective implementation of this Act
occur during the budget year or those that occurred in the past within ninety (90) days after approval of this Act. The OCD. in
two (2) years from the budget year. consultation with key stakeholders. shall take the lead in the
(b) The specific amount of the NDRRM Fund and the preparation of the implementing rules and regulations with the
appropriate recipient agencies and/or LGUs shall be determined active involvement of the technical management group of the
upon approval of the President of the Philippines in accordance NDRRMC.
with the favorable recommendation of the NDRRMC.
(c) Of the amount appropriated for the NDRRM Fund, thirty Section 26. Congressional Oversight Committee. - There is
percent (30%) shall be allocated as Quick Response Fund (QRF) hereby created a Congressional Oversight Committee to monitor
or stand-by fund for relief and recovery programs in order that and oversee the implementation of the provisions of this Act.
situation and living conditions of people in communities or areas The Committee shall be composed of six (6) members from the
Senate and six (6) members from the House of Representatives
with the Chairpersons of the Committees on National Defense
and Security of both the Senate and the House of
Representatives as joint Chairpersons of this Committee. The
five (5) other members from each Chamber are to be
designated by the Senate President and the Speaker of the
House of Representatives. respectively. The minority shall be
entitled to pro rata represent3tion but shall have at least two
(2) representatives from each Chamber.

Section 27. Sunset Review. - Within five (5) years after the

effectivity of this Act, or as the need arises, the Congressional
Oversight Committee shall conduct a sunset review. For
purposes of this Act, the term “sunset review” shall mean a
systematic evaluation by the Congressional Oversight
Committee of the accomplishments and impact of this Act, as
well as the performance and organizational structure of its
implementing agencies, for purposes of determining remedial
legislation.

Section 28. Repealing Clause. - Presidential Decree No. 1566

and all other laws, decrees, executive orders, proclamations and
other executive issuance’s which are inconsistent with or
contrary to the provisions of this Act are hereby amended or
repealed accordingly.

Section 29. Separability Clause. - If any provision of this Act

shall be held unconstitutional or invalid, the other provisions not
otherwise affected shall remain m full force and effect.

Section 30. Effectivity Clause. - This Act shall take effect fifteen

(15) days following its complete publication in the Official
Gazette or in two (2) national newspapers of general circulation.
REPUBLIC ACT No. 8749 b) Encourage cooperation and self-regulation among citizens
Subject: AN ACT PROVIDING FOR A COMPREHENSIVE AIR and industries though the application of market-based
POLLUTION CONTROL POLICY AND FOR OTHER instruments;
PURPOSES c) Focus primarily on pollution prevention rather than on control
and provide for a comprehensive management program for air
Chapter 1 pollution;
General Provisions d) Promote public information and education to encourage the
Article 1 participation of an informed and active public in air quality
Basic Air Quality Policies planning and monitoring; and
Section 1. Short Title - This Act shall be known as the e) Formulate and enforce a system of accountability for short
"Philippine Clean Air Act and long-term adverse environmental impact of a project,
of 1999." program or activity. This shall include the setting up of a
funding or guarantee mechanism for clean-up and
Section 2. Declaration of Principles. - The State shall protect environmental rehabilitation and compensation for personal
and advance the right of the people to a balanced and healthful damages.
ecology in accord with the rhythm and harmony of nature.
The State shall promote and protect the global environment to Section 4. Recognition of Rights. - Pursuant to the above-
attain sustainable development while recognizing the primary declared principles, the following rights of citizens are hereby
responsibility of local government units to deal with sought to be recognized and the State shall seek to guarantee
environmental problems. their enjoyment:
The State recognizes that the responsibility of cleaning the a) The right to breathe clean air;
habitat and environment is primarily area-based. b) The right to utilize and enjoy all natural resources according
The State also recognizes the principle that "polluters must to the principle of sustainable development;
pay". c) The right to participate in the formulation, planning,
Finally, the State recognizes that a clean and healthy implementation and monitoring of environmental policies and
environment is for the good of all and should therefore be the programs and in the decision making process;
concern of all. d) The right to participate in the decision-making process
concerning development policies, plans and programs projects
Section 3. Declaration of Policies. - The State shall pursue a or activities that may have adverse impact on the environment
policy of balancing development and environmental protection. and public health;
To achieve this end, the framework for sustainable development e) The right to be informed of the nature and extent of the
shall be pursued. It shall be the policy of the State to: potential hazard of any activity, undertaking or project and to
a) Formulate a holistic national program of air pollution be served timely notice of any significant rise in the level of
management that shall be implemented by the government pollution and the accidental or deliberate release into the
through proper delegation and effective coordination of atmosphere of harmful or hazardous substances;
functions and activities; f) The right of access to public records which a citizen may need
to exercise his or her rights effectively under this Act;
g) The right to bring action in court or quasi- judicial bodies to d) "Ambient air quality" means the general amount of pollution
enjoin all activities in violation of environmental laws and present in a broad area; and refers to the atmosphere's average
regulations, to compel the rehabilitation and cleanup of affected purity as distinguished from discharge measurements taken at
area, and to seek the imposition of penal sanctions against the source of pollution;
violators of environmental laws; and e) "Certificate of Conformity" means a certificate issued by the
h) The right to bring action in court for compensation of Department of Environment and Natural Resources to a vehicle
personal damages resulting from the adverse environmental manufacturer/assembler or importer certifying that a particular
and public health impact of a project or activity. new vehicle or vehicle type meets the requirements provided
under this Act and its rules and regulations;
Article 2 f) "Department" means the Department of Environment and
Definition Of Terms Natural Resources;
Section 5. Definitions - As used in this Act: g) "Eco-profile" means the geographical-based instrument for
a) "Air pollutant" means any matter found in the atmosphere planners and decision-makers who present an evaluation of the
other than oxygen, nitrogen, water vapor, carbon dioxide, and environmental quality and carrying capacity of an area. It is the
the inert gases in their natural or normal concentrations, that is result of the integration of primary and secondary data and
detrimental to health or the environment, which includes but information on natural resources and anthropogenic activities on
not limited to smoke, dust, soot, cinders, fly ash, solid particles the land which are evaluated by various environmental risk
of any kind, gases, fumes, chemical mists, steam and radio- assessment and forecasting methodologies that enable the
active substances; Department to anticipate the type of development control
b) "Air pollution" means any alteration of the physical, chemical necessary in the planning area;
and biological properties of the atmospheric air, or any h) "Emission" means any air contaminant, pollutant, gas stream
discharge thereto of any liquid, gaseous or solid substances that or unwanted sound from a known source which is passed into
will or is likely to create or to render the air resources of the the atmosphere;
country harmful, detrimental, or injurious to public health, i) "Greenhouse gases" mean those gases that can potentially or
safety or welfare or which will adversely affect their utilization can reasonably be expected to induce global warming, which
for domestic, commercial, industrial, agricultural, recreational, include carbon dioxide, methane, oxides of nitrogen,
or other legitimate purposes; chorofluorocarbons, and the like;
c) "Ambient air quality guideline values" mean the concentration PRIME - M4 Page 4 of 29
of air over specified periods classified as short-term and long- j) "Hazardous substances" mean those substances which
term which are intended to serve as goals or objectives for the present either: (1) short-term acute hazards such as acute
protection of health and/or public welfare. toxicity by ingestion, inhalation, or skin absorption, corrosivity
These values shall be used for air quality management purposes or other skin or eye contact hazard or the risk of fire explosion;
such as determining time trends, evaluating stages of or (2) long-term toxicity upon repeated exposure,
deterioration or enhancement of the air quality, and in general, carcinogenicity (which in some cases result in acute exposure
used as basis for taking positive action in preventing, but with a long latent period), resistance to detoxification
controlling, or abating air pollution; process such as biodegradation, the potential to pollute
underground or surface waters;
k) "Infectious waste" means that portion of medical waste that s) "Persistent Organic Pollutants (POPs)" mean the organic
could transmit an infectious disease; compounds that persist in the environment, bioaccumulate
l) "Medical waste" means the materials generated as a result of through the food web, and pose a risk of causing adverse
patient diagnosis, treatment, or immunization of human beings effects to human health and the environment. These
or animals; compounds resist photolytic, chemical and biological
m) "Mobile source" means any vehicle propelled by or through degradation, which shall include but not be limited to dioxin,
combustion of carbon-based or other fuel, constructed and furan, Polychlorinated Biphenyls (PCBs), organochlorine
operated principally for the conveyance of persons or the pesticides, such as aldrin, dieldrin, DDT, hexachlorobenzene,
transportation of property or goods; lindane, toxaphere and chlordane;
n) "Motor vehicle" means any vehicle propelled by a gasoline or t) "Poisonous and toxic fumes" mean any emissions and fumes
diesel engine or by any other than human or animal power, which are beyond internationally-accepted standards, including
constructed and operated principally for the conveyance of but not limited to World Health Organization (WHO) guideline
persons or the transportation of property or goods in a public values;
highway or street open to public use; u) "Pollution control device" means any device or apparatus
o) "Municipal waste" means the waste materials generated from used to prevent, control or abate the pollution of air caused by
communities within a specific locality; emissions from identified pollution sources at levels within the
p) "New vehicle" means a vehicle constructed entirely from new air pollution control standard established by the Department;
parts that has never been sold or registered with the DOTC or v) "Pollution control technology" means the pollution control
with the appropriate agency or authority, and operated on the devices, production processes, fuel combustion processes or
highways of the Philippines, any foreign state or country; other means that effectively prevent or reduce emissions or
q) "Octane Rating or the Anti-Knock Index (AKI)" means the effluent;
rating of the antiknock characteristics of a grade or type of w) "Standard of performance" means a standard for emissions
automotive gasoline as determined by dividing by two (2) the of air pollutant which reflects the degree of emission limitation
sum of the Research Octane Number (RON), plus the Motor achievable through the application of the best system of
Octane Number (MON); the octane requirement, with respect to emission reduction, taking into account the cost of achieving
automotive gasoline for use in a motor vehicle or a class such reduction and any non-air quality health and
thereof, whether imported, manufactured, or assembled by a environmental impact and energy requirement which the
manufacturer, shall refer to the minimum octane rating of such Department determines, and adequately demonstrates; and
automotive gasoline which such manufacturer recommends for x) "Stationary source" means any building or immobile
the efficient operation of such motor vehicle, or a substantial structure, facility or installation which emits or may emit any air
portion of such class, without knocking; pollutant.
r) "Ozone Depleting Substances (ODS)" mean those substances
that significantly deplete or otherwise modify the ozone layer in
a manner that is likely to result in adverse effects on human
health and the environment such as, but not limited to,
chlorofluorocarbons, halons, and the like;
Chapter 2 standards, control strategies and control measures to be
Air Quality Management System undertaken within a specified time period, including cost-
Article 1 effective use of economic incentives, management strategies,
General Provisions collective action, and environmental education and information.
Section 6. Air Quality Monitoring and Information Network. - The Integrated Air Quality Improvement Framework shall be
The Department shall prepare an annual National Air Quality adopted as the official blueprint with which all government
Status Report which shall be used as the basis in formulating agencies must comply with to attain and maintain ambient air
the Integrated Air Quality Improvement Framework, as provided quality standards.
for in Section 7. The said report shall include, but shall not be
limited to the following: Section 8. Air Quality Control Action Plan. - Within six (6)
a) Extent of pollution in the country, per type of pollutant and months after the formulation of the framework, the Department
per type of source, based on reports of the Department's shall, with public participation, formulate and implement an air
monitoring stations; quality control action plan consistent with Section 7 of this Act.
b) Analysis and evaluation of the current state, trends and The action plan shall:
projections of air pollution at the various levels provided herein; a) Include enforceable emission limitations and other control
c) Identification of critical areas, activities, or projects which will measures, means or techniques, as well as schedules and time
need closer monitoring or regulation; tables for compliance, as may be necessary or appropriate to
d) Recommendations for necessary executive and legislative meet the applicable requirements of this Act;
action; and b) Provide for the establishment and operation of appropriate
e) Other pertinent qualitative and quantitative information devices, methods, systems and procedures necessary to
concerning the extent of air pollution and the air quality monitor, compile and analyze data on ambient air quality;
performance rating of industries in the country. c) Include a program to provide for the following: (1)
The Department, in cooperation with the National Statistical enforcement of the measures described in the subparagraph
Coordination Board (NSCB), shall design and develop an (a); (2) regulation of the modification and construction of any
information network for data storage, retrieval and exchange. stationary source within the areas covered by the plan, in
The Department shall serve as the central depository of all data accordance with land use policy to ensure that ambient air
and information related to air quality. quality standards are achieved;
d) Contain adequate provisions, consistent with the provisions
Section 7. Integrated Air Quality Improvement Framework. - of this Act, prohibiting any source or other types of emissions
The activity within the country from emitting any air pollutant in
Department shall, within six (6) months after the effectivity of amounts which will significantly contribute to the nonattainment
this Act, establish, with the participation of LGUs, NGOs, POs, or will interfere with the maintenance by the Department of any
the academe and other concerned entities from the private such ambient air quality standard required to be included in the
sector, formulate and implement the Integrated Air Quality implementation plan to prevent significant deterioration of air
Improvement Framework for a comprehensive air pollution quality or to protect visibility;
management and control program. The framework shall, among e) Include control strategies and control measures to be
others, prescribe the emission reduction goals using permissible undertaken within a specified time period, including cost-
effective use of economic incentives, management strategies, atmosphere, or areas which share common interest or face
collection action, and environmental education and information; similar development programs, prospects or problems.
f) Designate air sheds; and For a more effective air quality management, a system of
g) All other measures necessary for the effective control and planning and coordination shall be established and a common
abatement of air pollution. action plan shall be formulated for each air shed.
The adoption of the plan shall clarify the legal effects on the To effectively carry out the formulated action plans, a
financial, manpower and budgetary resources of the affected Governing Board is hereby created, hereinafter referred to as
government agencies, and on the alignment of their programs the Board.
with the plans. The Board shall be headed by the Secretary of the Department
In addition to direct regulations, the plan shall be characterized of Environment and Natural Resources as chairman. The
by a participatory approach to the pollution problem. The members shall be as follows:
involvement of private entities in the monitoring and testing of a) Provincial Governors from areas belonging to the air shed;
emissions from mobile and/or stationary sources shall be b) City/Municipal Mayors from areas belonging to the ai rshed;
considered. c) A representative from each concerned government agency;
Likewise, the LGUs, with the assistance from the Department, d) Representatives from people's organizations;
shall prepare and develop an action plan consistent with the e) Representatives from nongovernment organizations; and
Integrated Air Quality Improvement Framework to attain and f) Representatives from the private sector.
maintain the ambient air quality standards within their The Board shall perform the following functions:
respective air sheds as provided in Section 9 hereof. a) Formulation of policies;
The local government units shall develop and submit to the b) Preparation of a common action plan;
Department a procedure for carrying out the action plan for c) Coordination of functions among its members; and
their jurisdiction. The Department, however, shall maintain its d) Submission and publication of an annual Air Quality Status
authority to independently inspect the enforcement procedure Report for each air shed.
adopted. The Department shall have the power to closely Upon consultation with appropriate local government
supervise all or parts of the air quality action plan until such authorities, the Department shall, from time to time, revise the
time the local government unit concerned can assume the designation of air sheds utilizing eco-profiling techniques and
function to enforce the standards set by the Department. undertaking scientific studies.
A multi-sectoral monitoring team with broad public Emissions trading may be allowed among pollution sources
representation shall be convened by the Department for each within an air shed.
LGU to conduct periodic inspections of air pollution sources to
assess compliance with the emission limitations contained in Section 10. Management of Nonattainment Areas. - The
their permits. Department shall designate areas where specific pollutants have
already exceeded ambient standards as nonattainment areas.
Section 9. Airsheds. - Pursuant to Section 8 of this Act, the The Department shall prepare and implement a program that
designation of air sheds shall be on the basis of, but not limited will prohibit new sources of exceeded air pollutant without a
to, areas with similar climate, meteorology and topology which corresponding reduction in existing sources.
affect the interchange and diffusion of pollutants in the
In coordination with other appropriate government agencies, Section 12. Ambient Air Quality Guideline Values and Standards.
the LGUs shall prepare and implement a program and other – The Department, in coordination with other concerned
measures including relocation, whenever necessary, to protect agencies, shall review and/or revise and publish annually a list
the health and welfare of residents in the area. of hazardous air pollutants with corresponding ambient
For those designated as nonattainment areas, the Department guideline values and/or standard necessary to protect public
after consultation with local government authorities, health and safety, and general welfare.
nongovernment organizations (NGOs), people's organizations The initial list and values of the hazardous air pollutants shall be
(POs) and concerned sectors may revise the designation of such as follows:
areas and expand its coverage to cover larger areas depending A) For National Ambient Air Quality Standards for Source
on the condition of the areas. Specific Air Pollutants from Industrial Sources/Operations:
a Maximum limits represented by ninety-eight percentile (98%)
Section 11. Air Quality Control Techniques - Simultaneous with values not to be exceeded more than once a year.
the issuance of the guideline values and standards, the b Arithmetic mean.
Department, through the research and development program c SO2 and Suspended Particulate Matter are sampled once
contained in this Act and upon consultation with the appropriate every six days when using the manual methods. A minimum of
advisory committees, government agencies and LGUs, shall twelve sampling days per quarter or forty-eight sampling days
issue, and from time to time, revise information on air pollution each year is required for these methods. Daily sampling may be
control techniques. Such information shall include: done in the future once continuous analyzers are procured and
a) Best available technology and alternative methods of become available.
prevention, management and control of air pollution d Limits for Total Suspended Particulate Matter with mass
b) Best available technology economically achievable which shall median diameter less than 25-50μm.
refer to the technological basis/standards for emission limits e Annual Geometric Mean.
applicable to existing, direct industrial emitters of non- f Provisional limits for Suspended Particulate Matter with mass
conventional and toxic pollutants; and median diameter less than 10 microns and below until sufficient
c) Alternative fuels, processes and operating methods which will monitoring data are gathered to base a proper guideline.
result in the elimination or significant reduction of emissions. g Evaluation of this guideline is carried out for 24-hour
Such information may also include data relating to the cost of averaging time and averaged over three moving calendar
installation and operation, energy requirements, emission months. The monitored average value for any three months
reduction benefits, and environmental impact or the emission shall not exceed the guideline value.
control technology. B) For National Ambient Air Quality Standards for Source
The issuance of air quality guideline values, standards and Specific Air Pollutants from Industrial Sources/Operations:
information on air quality control techniques shall be made 1 Pertinent ambient standards for Antimony, Arsenic, Cadmium,
available to the general public: Provided, That the issuance of Asbestos, Nitric Acid and Sulfuric Acid Mists in the 1978 NPCC
information on air quality control techniques shall not be Rules and Regulations may be considered as guides in
construed as requiring the purchase of certain pollution control determining compliance.
devices by the public. 2 Ninety-eight percentile (98%) values of 30-minute sampling
measured at 25°C and one atmosphere pressure.
3 Other equivalent methods approved by the Department may Section 14. Air Quality Management Fund. - An Air Quality
be used. Management
The basis in setting up the ambient air quality guideline values Fund to be administered by the Department as a special
and standards shall reflect, among others, the latest scientific account in the National Treasury is hereby established to
knowledge including information on: finance containment, removal, and clean-up operations of the
a) Variable factors, including atmospheric conditions, which of Government in air pollution cases, guarantee restoration of
themselves or in combination with other factors may alter the ecosystems and rehabilitate areas affected by the acts of
effects on public health or welfare of such air pollutant; violators of this Act, to support research, enforcement and
b) The other types of air pollutants which may interact with monitoring activities and capabilities of the relevant agencies, as
such pollutant to produce an adverse effect on public health or well as to provide technical assistance to the relevant agencies.
welfare; and Such fund may likewise be allocated per air shed for the
c) The kind and extent of all identifiable effects on public health undertakings herein stated.
or welfare which may be expected from the presence of such The Fund shall be sourced from the fines imposed and damages
pollutant in the ambient air, in varying quantities. awarded to the Republic of the Philippines by the Pollution
The Department shall base such ambient air quality standards Adjudication Board (PAB), proceeds of licenses and permits
on World Health Organization (WHO) standards, but shall not issued by the Department under this Act, emission fees and
be limited to nor be less stringent than such standards. from donations, endowments and grants in the forms of
contributions. Contributions to the Fund shall be exempted from
Section 13. Emission Charge System. - The Department, in case donor taxes and all other taxes, charges or fees imposed by the
of industrial dischargers, and the Department of Transportation Government.
and Communications (DOTC), in case of motor vehicle
dischargers, shall, based on environmental techniques, design, Section 15. Air Pollution Research and Development Program. -
impose on and collect regular emission fees from said TheDepartment, in coordination with the Department of Science
dischargers as part of the emission permitting system or vehicle and Technology (DOST), otheragencies, the private sector, the
registration renewal system, as the case may be. The system academe, NGOs and POs, shall establish a National Research
shall encourage the industries, and motor vehicles to abate, and Development Program for the prevention and control of air
reduce, or prevent pollution. The basis of the fees includes, but pollution. The Department shall give special emphasis to
is not limited to, the volume and toxicity of any emitted research on and the development of improved methods having
pollutant. Industries, which shall install pollution control devices industry-wide application for the prevention and control of air
or retrofit their existing facilities with mechanisms that reduce pollution.
pollution shall be entitled to tax incentives such as but not Such a research and development program shall develop air
limited to tax credits and/or accelerated depreciation quality guideline values and standards in addition to
deductions. internationally-accepted standards. It shall also consider the
socio-cultural, political and economic implications of air quality
management and pollution control.
Article 2 assessment of the risks involved. Proponents required to put up
Air Pollution Clearances And Permits For guarantee instruments shall furnish the Department with
Stationary Sources evidence of availment of such instruments.
Section 16. Permits. - Consistent with the provisions of this Act,
the Department shall have the authority to issue permits as it Article 4
may determine necessary for the prevention and abatement of Pollution From Motor Vehicles
air pollution. Section 21. Pollution from Motor Vehicles. - a) The DOTC shall
Said permits shall cover emission limitations for the regulated implement the emission standards for motor vehicles set
air pollutants to help attain and maintain the ambient air quality pursuant to and as provided in this Act. To further improve the
standards. These permits shall serve as management tools for emission standards, the Department shall review, revise and
the LGUs in the development of their action plan. publish the standards every two (2) years, or as the need
arises. It shall consider the maximum limits for all major
Section 17. Emission Quotas. - The Department may allow each pollutants to ensure substantial improvement in air quality for
regional industrial center that is designated as special air shed the health, safety and welfare of the general public.
to allocate emission quotas to pollution sources within its Fuel evaporative emission for spark-ignition engines shall not
jurisdiction that qualify under an environmental impact exceed 2.0 grams hydrocarbons per test. Likewise, it shall not
assessment system programmatic compliance program pursuant allow any emission of gases from crankcase ventilation system
to the implementing rules and regulations of Presidential Decree into the atmosphere.
No. 1586. b) The Department, in collaboration with the DOTC, DTI and
LGUs, shall develop an action plan for the control and
Section 18. Financial Liability for Environmental Rehabilitation. - management of air pollution from motor vehicles consistent with
As part of the environmental management plan attached to the the Integrated Air Quality Framework. The DOTC shall enforce
environmental compliance certificate pursuant to Presidential compliance with the emission standards for motor vehicles set
Decree No. 1586 and rules and regulations set there for, the by the Department. The DOTC may deputize other law
Department shall require program and project proponents to enforcement agencies and LGUs for this purpose. To this end,
put up financial guarantee mechanisms to finance the needs for the DOTC shall have the power to:
emergency response, clean-up or rehabilitation of areas that (1) Inspect and monitor the emissions of motor vehicles;
may be damaged during the program or project's actual (2) Prohibit or enjoin the use of motor vehicles or a class of
implementation. Liability for damages shall continue even after motor vehicles in any area or street at specified times; and
the termination of a program or project, where such damages (3) Authorize private emission testing centers duly accredited by
are clearly attributable to that program or project and for a the DTI.
definite period to be determined by the Department and c) The DOTC, together with the DTI and the Department, shall
incorporated into the environmental compliance certificate. establish the procedures for the inspection of motor vehicles
Financial liability instruments may be in the form of a trust fund, and the testing of their emissions for the purpose of
environmental insurance, surety bonds, letters of credit, as well determining the concentration and/or rate of emission of
as self-insurance. The choice of the guarantee instrument or pollutants discharged by said sources.
combinations thereof shall depend, among others, on the
d) In order to ensure the substantial reduction of emissions The DTI shall promulgate the necessary regulations prescribing
from motor vehicles, the Department of Trade and Industry the useful life of vehicles and engines including devices in order
(DTI), together with the DOTC and the Department, shall to ensure that such vehicles will conform to the emissions which
formulate and implement national motor vehicle inspection and they were certified to meet. These regulations shall include
maintenance program that will promote efficient and safe provisions for ensuring the durability of emission devices.
operation of all motor vehicles. In this regard, the DTI shall
develop and implement standards and procedures for the Section 23. Second-Hand Motor Vehicle Engines. - Any imported
certification of training institutions, instructors and facilities and secondhand motor vehicle engine shall not be introduced into
the licensing of qualified private service centers and their commerce, sold or used unless it complies with emission
technicians as prerequisite for performing the testing, servicing, standards set pursuant to this Act.
repair and the required adjustment to the vehicle emission
system. The DTI shall likewise prescribe regulations requiring Article 5
the disclosure of odometer readings and the use of tamper Pollution From Other Sources
resistant odometers for all motor vehicles including tamper- Section 24. Pollution from Smoking. - Smoking inside a public
resistant fuel management systems for the effective building or an enclosed public place including public vehicles
implementation of the inspection and maintenance program. and other means of transport or in any enclosed area outside of
one's private residence, private place of work or any duly
Section 22. Regulation of All Motor Vehicles and Engines. - Any designated smoking area is hereby prohibited under this Act.
imported new or locally-assembled new motor vehicle shall not This provision shall be implemented by the LGUs.
be registered unless it complies with the emission standards set
pursuant to this Act, as evidenced by a Certificate of Conformity Section 25. Pollution from Other Mobile Sources: - The
(COC) issued by the Department. Any imported new motor Department, in coordination with appropriate agencies, shall
vehicle engine shall not be introduced into commerce, sold or formulate and establish the necessary standards for all mobile
used unless it complies with emission standards set pursuant to sources other than those referred to in Section 21 of this Act.
this Act. The imposition of the appropriate fines and penalties from these
Any imported used motor vehicle or rebuilt motor vehicle using sources for any violation of emission standards shall be under
new or used engines, major parts or components shall not be the jurisdiction of the DOTC.
registered unless it complies with the emission standards set
pursuant to this Act. Chapter 3
In case of non-compliance, the importer or consignee may be Fuels, Additives, Substances And Pollutants
allowed to modify or rebuild the vehicle or engine so that it will Article 1
be in compliance with applicable emission standards. Fuels, Additives And Substances
No motor vehicle registration (MVR) shall be issued unless such Section 26. Fuels and Additives. - Pursuant to the Air Quality
motor vehicle passes the emission testing requirement Framework to be established under Section 7 of this Act, this
promulgated in accordance with this Act. Such testing shall be Department of Energy (DOE), co-chaired by the Department of
conducted by the DOTC or its authorized inspection centers Environment and Natural Resources (DENR), in consultation
within sixty (60) days prior to date of registration. with the Bureau of Product Standards (BPS) of the DTI, the
DOST, the representatives of the fuel and automotive not less than forty-eight (48): Provided, That by year 2004,
industries, academe and the consumers shall set specifications content of said sulfur shall be 0.05% by weight, and
for all types of fuel and fuel-related products, to improve fuel c) not later than eighteen (18) months after the effectivity of
composition for increased efficiency and reduced emissions: this Act, no person shall manufacture, import, sell, supply, offer
Provided, however, That the specifications for all types of fuel for sale, dispense, transport or introduce into commerce
and fuel related products set-forth pursuant to this section shall industrial diesel fuel which contains a concentration of sulfur in
be adopted by the BPS as Philippine National Standards (PNS). excess of 0.30% (by weight).
The DOE shall also specify the allowable content of additives in Every two (2) years thereafter or as the need arises, the
all types of fuels and fuel-related products. Such standards shall specifications of unleaded gasoline and of automotive and
be based primarily on threshold levels of health and research industrial diesel fuels shall be reviewed and revised for further
studies. On the basis of such specifications, the DOE shall improvement in formulation and in accordance with the
likewise limit the content or begin the phase-out of additives in provisions of this Act.
all types of fuels and fuel-related products as it may deem The fuels characterized above shall be commercially available.
necessary. Other agencies involved in the performance of this Likewise, the same shall be the reference fuels for emission and
function shall be required to coordinate with the DOE and testing procedures to be established in accordance with the
transfer all documents and information necessary for the provisions of this Act.
implementation of this provision. Any proposed additive shall not in any way increase emissions
Consistent with the provisions of the preceding paragraphs of any of the regulated gases which shall include, but not
under this section, it is declared that: limited to carbon monoxide, hydrocarbons, and oxides of
a) not later than eighteen (18) months after the effectivity of nitrogen and particulate matter, in order to be approved and
this Act, no person shall manufacture, import, sell, supply, offer certified by the Department.
for sale, dispense, transport or introduce into commerce
unleaded premium gasoline fuel which has an antiknock index Section 27. Regulation of Fuels and Fuel Additives. - The DOE,
(AKI) of not less than 87.5 and Reid vapor pressure of not more in coordination with the Department and the BPS, shall regulate
than 9 psi. Within six (6) months after the effectivity of this Act, the use of any fuel or fuel additive. No manufacturer, processor
unleaded gasoline fuel shall contain aromatics not to exceed or trader of any fuel or additive may import, sell, offer for sale,
forty-five percent (45%) by volume and benzene not to exceed or introduce into commerce such fuel or additive unless the
four percent (4%) by volume: Provided, same has been registered with the DOE. Prior to registration,
That by year 2003, unleaded gasoline fuel should contain the manufacturer, processor or trader shall provide the DOE
aromatics not to exceed thirty-five percent (35%) by volume with the following relevant information:
and benzene not to exceed two percent (2%) by volume; a) Product identity and composition to determine the potential
b) not later than eighteen (18) months after the effectivity of health effects of such fuels and additives;
this Act, no person shall manufacture, import, sell, supply, offer b) Description of the analytical technique that can be used to
for sale, dispense, transport or introduce into commerce detect and measure the additive in any fuel;
automotive diesel fuel which contains a concentration of sulfur c) Recommended range of concentration; and
in excess of 0.20% by weight with a cetane number or index of d) Purpose in the use of the fuel and additive.
Section 28. Misfuelling. - In order to prevent the disabling of to effectively guide air pollution monitoring and standard-setting
any emission control device by lead contamination, no person activities.
shall introduce or cause or allow the introduction of leaded The Department, together with concerned agencies and local
gasoline into any motor vehicle equipped with a gasoline tank government units, shall prepare and fully implement a national
filler inlet and labeled "unleaded gasoline only". This prohibition plan consistent with the United Nations Framework
shall also apply to any person who knows or should know that Convention on Climate Change and other international
such vehicle is designed solely for the use of unleaded gasoline. agreements, conventions and protocols on the reduction of
greenhouse gas emissions in the country.
Section 29. Prohibition on Manufacture, Import and Sale of
Leaded Gasoline and of Engines and/or Components Requiring Section 32. Persistent Organic Pollutants. - The Department
Leaded Gasoline. - Effective not later than eighteen (18) months shall, within a period of two (2) years after the enactment of
after the enactment of this Act, no person shall manufacture, this Act, establish an inventory list of all sources of Persistent
import, sell, offer for sale, introduce into commerce, convey or Organic Pollutants (POPs) in the country. The Department shall
otherwise dispose of, in any manner leaded gasoline and develop short-term and long-term national government
engines and components requiring the use of leaded gasoline. programs on the reduction and elimination of POPs such as
For existing vehicles, the DTI shall formulate standards and dioxins and furans. Such programs shall be formulated within a
procedures that will allow non-conforming engines to comply year after the establishment of the inventory list.
with the use of unleaded fuel within five (5) years after the
effectivity of this Act. Section 33. Radioactive Emissions. - All projects which will
involve the use of atomic and/or nuclear energy, and will entail
Article 2 release and emission of radioactive substances into the
Other Pollutants environment, incident to the establishment or possession of
Section 30. Ozone-Depleting Substances. - Consistent with the nuclear energy facilities and radioactive materials, handling,
terms and conditions of the Montreal Protocol on Substances transport, production, storage, and use of radioactive materials,
that Deplete the Ozone Layer and other international shall be regulated in the interest of public health and welfare by
agreements and protocols to which the Philippine is a signatory, the Philippine Nuclear Research Institute (PNRI), in coordination
the Department shall phase out ozone-depleting substances. with the Department and other appropriate government
Within sixty (60) days after the enactment of this Act, the agencies.
Department shall publish a list of substances which are known
to cause harmful effects on the stratospheric ozone layer. Chapter 4
Institutional Mechanism
Section 31. Greenhouse Gases. - The Philippine Atmospheric, Section 34. Lead Agency. - The Department, unless otherwise
Geophysical and Astronomical Service Administration (PAGASA) provided herein, shall be the primary government agency
shall regularly monitor meteorological factors affecting responsible for the implementation and enforcement of this Act.
environmental conditions including ozone depletion and To be more effective in this regard, the Department's
greenhouse gases and coordinate with the Department in order Environmental Management Bureau (EMB) shall be converted
from a staff bureau to a line bureau for a period of no more
than two (2) years, unless a separate, comprehensive b) To provide technical assistance and support to the governor
environmental management agency is created. or mayor, as the case may be, in carrying out measures to
ensure the delivery of basic services and the provision of
Section 35. Linkage Mechanism. - The Department shall consult, adequate facilities relative to air quality;
participate, cooperate and enter into agreement with other c) To take the lead in all efforts concerning air quality protection
government agencies, or with affected nongovernmental and rehabilitation;
organizations (NGOs) or people's organizations (POs), or private d) To recommend to the Board air quality standards which shall
enterprises in the furtherance of the objectives of this Act. not exceed the maximum permissible standards set by national
laws;
Section 36. Role of Local Government Units. - Local government e) To coordinate with other government agencies and non-
units (LGUs) shall share the responsibility in the management governmental organizations in the implementation of measures
and maintenance of air quality within their territorial jurisdiction. to prevent and control air pollution; and
Consistent with Sections 7, 8 and 9 of this Act, LGUs shall f) Exercise such other powers and perform such duties and
implement air quality standards set by the Board in areas within functions as may be prescribed by law or ordinance; Provided,
their jurisdiction; Provided, however, That in case where the however, That in provinces/cities/municipalities where there are
Board has not been duly constituted and has not promulgated no environment and natural resources officers, the local
its standards, the standards set forth in this Act shall apply. executive concerned may designate any of his official and/or
The Department shall provide the LGUs with technical chief of office preferably the provincial, city or municipal
assistance, trainings and a continuing capability-building agriculturist, or any of his employee; Provided, finally, That in
program to prepare them to undertake full administration of the case an employee is designated as such, he must have a
air quality management and regulation within their territorial sufficient experience in environmental and natural resources
jurisdiction. management, conservation and utilization.

Section 37. Environment and Natural Resources Office. - There Section 38. Record-keeping, Inspection, Monitoring and Entry
may be established an Environment and Natural Resources by the Department. - The Department or its duly accredited
Office in every province, city, or municipality which shall be entity shall, after proper consultation and notice, require any
headed by the environment and natural resources officer and person who owns or operates any emission source or who is
shall be appointed by the Chief Executive of every province, city subject to any requirement of this Act to: (a) establish and
or municipality in accordance with the provisions of Section 484 maintain relevant records;
of Republic Act No. 7160. Its powers and duties, among others, (b) make relevant reports; (c) install, use and maintain
are: monitoring equipment or methods;
a) To prepare comprehensive air quality management (d) sample emission, in accordance with the methods, locations,
programs, plans and strategies within the limits set forth in intervals, and manner prescribed by the Department; (e) keep
Republic Act No. 7160 and this Act which shall be implemented records on control equipment parameters, production variables
within its territorial jurisdiction upon the approval of the or other indirect data when direct monitoring of emissions is
sanggunian; impractical; and (f) provide such other information as the
Department may reasonably require.
Pursuant to this Act, the Department, through its authorized Section 41. Citizen Suits. - For purposes of enforcing the
representatives, shall have the right of: a) entry or access to provisions of this Act or its implementing rules and regulations,
any premises including documents and relevant materials as any citizen may file an appropriate civil, criminal or
referred to in the herein preceding paragraphs; b) inspect any administrative action in the proper courts against:
pollution or waste source, control device, monitoring equipment a) Any person who violates or fails to comply with the provisions
or method required; and c) test any emission. of this Act or its implementing rules and regulations; or
Any record, report or information obtained under this section b) The Department or other implementing agencies with respect
shall be made available to the public, except upon a satisfactory to orders, rules and regulations issued inconsistent with this
showing to the Department by the entity concerned that the Act, and/or
record, report, or information, or parts thereof, if made public, c) Any public officer who willfully or grossly neglects the
would divulge secret methods or processes entitled to performance of an act specifically enjoined as a duty by this Act
protection as intellectual property. Such record, report or or its implementing rules and regulations; or abuses his
information shall likewise be incorporated in the Department's authority in the performance of his duty; or, in any manner,
industrial rating system. improperly performs his duties under this Act or its
implementing rules and regulations: Provided, however, That no
Section 39. Public Education and Information Campaign. - A suit can be filed until after thirty-day (30) notice has been given
continuing air quality information and education campaign shall to the public officer and the alleged violator concerned and no
be promoted by the Department, the Department of Education, appropriate action has been taken thereon.
Culture and Sports (DECS), the Department of the Interior and The court shall exempt such action from the payment of filing
Local Government (DILG), the Department of Agriculture (DA) fees, except fees for actions not capable of pecuniary
and the Philippine Information Agency (PIA). Consistent with estimations, and shall, likewise, upon prima facie showing of the
Section 7 of this Act, such campaign shall encourage the non-enforcement or violation complained of, exempt the
participation of other government agencies and the private plaintiff from the filing of an injunction bond for the issuance of
sector including NGOs, POs, the academe, environmental a preliminary injunction.
groups and other private entities in a multi-sectoral information Within thirty (30) days, the court shall make a determination if
campaign. the complaint herein is malicious and/or baseless and shall
accordingly dismiss the action and award attorney's fees and
Chapter 5 damages.
Actions
Section 40. Administrative Action. - Without prejudice to the Section 42. Independence of Action. - The filing of an
right of any affected person to file an administrative action, the administrative suit against such person/entity does not preclude
Department shall, on its own instance or upon verified the right of any other person to file any criminal or civil action.
complaint by any person, institute administrative proceedings Such civil action shall proceed independently.
against any person who violates:
a) Standards or limitation provided under this Act; or Section 43. Suits and Strategic Legal Actions Against Public
b) Any order, rule or regulation issued by the Department with Participation and the Enforcement of this Act. - Where a suit is
respect to such standard or limitation. brought against a person who filed an action as provided in
Section 41 of this Act, or against any person, institution or negligence, history of noncompliance and degree of
government agency that implements this Act, it shall be the recalcitrance:
duty of the investigating prosecutor or the court, as the case Provided, that in case of negligence, the first time offender's
may be, to immediately make a determination not exceeding ability to pay may likewise be considered by the Pollution
thirty (30) days whether said legal action has been filed to Adjudication Board: Provided, further, That in the absence of
harass, vex, exert undue pressure or stifle such legal recourses any extenuating or aggravating circumstances, the amount of
of the person complaining of or enforcing the provisions of this fine for negligence shall be equivalent to one-half of the fine for
Act. Upon determination thereof, evidence warranting the same, willful violation.
the court shall dismiss the case and award attorney's fees and The fines herein prescribed shall be increased by at least ten
double damages. percent (10%) every three (3) years to compensate for inflation
This provision shall also apply and benefit public officers who and to maintain the deterrent function of such fines.
are sued for acts committed in their official capacity, there In addition to the fines, the PAB shall order the closure,
being no grave abuse of authority, and done in the course of suspension of development, construction, or operations of the
enforcing this Act. stationary sources until such time that proper environmental
safeguards are put in place: Provided, That an establishment
Section 44. Lien Upon Personal and Immovable Properties of found liable for a third offense shall suffer permanent closure
Violators. - Fines and penalties imposed pursuant to this Act immediately. This paragraph shall be without prejudice to the
shall be liens upon personal and immovable properties of the immediate issuance of an ex parte order for such closure,
violator. Such lien shall, in case of insolvency of the respondent suspension of development or construction, or cessation of
violator, enjoy preference subsequent to laborer's wages under operations during the pendency of the case upon prima facie
Articles 2241 and 2242 of Republic Act No. 386, otherwise evidence that there is imminent threat to life, public health,
known as the New Civil Code of the Philippines. safety or general welfare, or to plant or animal life, or whenever
there is an exceedance of the emission standards set by the
Chapter 6 Department and/or the Board and/or the appropriate LGU.
Fines And Penalties
Section 45. Violation of Standards for Stationary Sources. - For Section 46. Violation of Standards for Motor Vehicles. - No
actual exceedance of any pollution or air quality standards motor vehicle shall be registered with the DOTC unless it meets
under this Act or its rules and regulations, the Department, the emission standards set by the Department as provided in
through the Pollution Adjudication Board (PAB), shall impose a Section 21 hereof.
fine of not more than One hundred thousand pesos Any vehicle suspected of violation of emission standards
(Php100,000.00) for every day of violation against the owner or through visual signs, such as, but not limited to smoke-belching,
operator of a stationary source until such time that the shall be subjected to an emission test by a duly authorized
standards have been complied with. testing center for this purpose, the DOTC or its authorized
For purposes of the application of the fines, the PAB shall testing center shall establish a roadside inspection system.
prepare a fine rating system to adjust the maximum fine based Should it be shown that there was no violation of emission
on the violator's ability to pay, degree of willfulness, degree of standards, the vehicle shall be immediately released. Otherwise,
a testing result indicating an exceedance of the emission
standards would warrant the continuing custody of the DOTC, DTI, DOST, Philippine National Police (PNP) and other
impounded vehicle unless the appropriate penalties are fully concerned agencies and private entities shall design a training
paid, and the license plate is surrendered to the DOTC pending program.
the fulfillment of the undertaking by the owner/operator of the
motor vehicle to make the necessary repairs so as to comply Section 47. Fines and Penalties for Violations of Other Provisions
with the standards. A pass shall herein be issued by the DOTC in the Act.- For violations of all other provisions provided in this
to authorize the use of the motor vehicle within a specified Act and of the rules and regulations thereof, a fine of not less
period that shall not exceed seven (7) days for the sole purpose than Ten thousand pesos (Php10,000.00) but not more than
of making the necessary repairs on the said vehicle. The One hundred thousand pesos (Php100,000.00) or six (6)
owner/operator of the vehicle shall be required to correct its months to six (6) years imprisonment or both shall be imposed.
defects and show proof of compliance to the appropriate If the offender is a juridical person, the president, manager,
pollution control office before the vehicle can be allowed to be directors, trustees, the pollution control officer or the officials
driven on any public or subdivision roads. directly in charge of the operations shall suffer the penalty
In addition, the driver and operator of the apprehended vehicle herein provided.
shall undergo a seminar on pollution control and management
conducted by the DOTC and shall also suffer the following Section 48. Gross Violations. - In case of gross violation of this
penalties: Act or its implementing rules and regulations, the PAB shall
a) First offense - a fine not to exceed Two thousand pesos recommend to the proper government agencies to file the
(Php2,000.00); appropriate criminal charges against the violators. The PAB shall
b) Second offense - a fine not less than Two thousand pesos assist the public prosecutor in the litigation of the case. Gross
(Php2,000.0) and not to exceed Four thousand pesos violation shall mean (a) three (3) or more specific offenses
(Php4,000.00); and within a period of (1) year, (b) three (3) or more specific
c) Third offense - one (1) year suspension of the Motor Vehicle offenses within three (3) consecutive years; (c) blatant
Registration disregard of the orders of the PAB, such as but not limited to
(MVR) and a fine of not less than Four thousand pesos the breaking of seal, padlocks and other similar devices, or
(Php4,000.00) and not more than Six thousand pesos operating despite the existence of an order for closure,
(Php6,000.00). discontinuance or cessation of operation; and
Any violation of the provisions of Section 21 paragraph (d) with (d) irreparable or grave damage to the environment as a
regard to national inspection and maintenance program, consequence of any violation or omission of the provisions of
including technicians and facility compliance shall be penalized this Act.
with a fine of not less than Thirty thousand pesos Offenders shall be punished with imprisonment of not less than
(Php30,000.00) or cancellation of license of both the technician six (6) years but not more than ten (10) years at the discretion
and the center, or both, as determined by the DTI. of the court. If the offender is a juridical person, the president,
All law enforcement officials and deputized agents accredited to manager, directors, trustees, the pollution control officer or the
conduct vehicle emissions testing and apprehensions shall officials directly in charge of the operations shall suffer the
undergo a mandatory training on emission standards and penalty herein provided.
regulations. For this purpose, the Department, together with the
Chapter 7 Section 52. Report to Congress. - The Department shall report
Final Provisions to Congress, not later than March 30 of every year following the
Section 49. Potential Loss or Shifts of Employment. - The approval of this Act, the progress of the pollution control efforts
Secretary of Labor is hereby authorized to establish a and make the necessary recommendations in areas where there
compensation, retraining and relocation program to assist is need for legislative action.
workers laid off due to a company's compliance with the
provisions of this Act. Section 53. Joint Congressional Oversight Committee. - There is
hereby created a joint congressional oversight committee to
Section 50. Appropriations. - An amount of Seven hundred fifty monitor the implementation of this Act.
million pesos (Php750,000,000.00) shall be appropriated for the The committee shall be composed of five (5) senators and five
initial implementation of this Act, of which, the amount of Three (5) representatives to be appointed by the Senate President and
hundred million pesos (Php300,000,000.00) shall be the Speaker of the House of Representatives, respectively. The
appropriated to the Department; Two hundred million pesos oversight committee shall be co-chaired by a senator and a
(Php200,000,000.00) to the DTI; One hundred fifty million representative designated by the Senate President and the
pesos (Php150,000,000.00) to the DOTC; and, One hundred Speaker of the House of Representatives, respectively.
million pesos (Php100,000,000.00) to the DOE. The mandate given to the joint congressional oversight
Thereafter, the amount necessary to effectively carry out the committee under this Act shall be without prejudice to the
provisions of this Act shall be included in the General performance of the duties and functions by the respective
Appropriations Act. existing oversight committees of the Senate and the House of
Representatives.
Section 51. Implementing Rules and Regulations. - The
Department in coordination with the Committees on Section 54. Separability of Provisions. - If any provision of this
Environment and Ecology of the Senate and House of Act or the application of such provision to any person or
Representatives, respectively and other concerned agencies circumstances is declared unconstitutional, the remainder of the
shall promulgate the implementing rules and regulations for this Act or the application of such provision to other persons or
Act, within one (1) year after the enactment of this Act. circumstances shall not be affected by such declaration.
Provided, that rules and regulations issued by other government
agencies and instrumentalities for the prevention and/or Section 55. Repealing Clause. - Presidential Decree No. 1181 is
abatement of pollution not inconsistent with this Act shall hereby repealed Presidential Decree Nos. 1152, 1586,
supplement the rules and regulations issued by the Department, Presidential Decree No. 984 are partly modified. All other laws,
pursuant to the provisions of this Act. orders, issuance, rules and regulations inconsistent herewith are
The draft of the implementing rules and regulations shall be hereby repealed or modified accordingly.
published and be the subject of public consultations with
affected sectors. Section 56. Effectivity. - This Act shall take effect fifteen (15)
There shall be a mandatory review of the implementing rules days from the date of its publication in the Official Gazette or in
and regulations and standards set pursuant to the provisions of at least two (2) newspapers of general circulation.
this Act.