AMENDING CERTAIN SECTIONS OF REPUBLIC ACT NO. 6425, OTHERWISE KNOWN AS THE DANGEROUS DRUGS ACT OF 1972

• Number: Presidential Decree No. 44
• Sections: 5

Preamble

WHEREAS, drug addiction is a grave and pernicious

evil which not only complicates the peace and order problem of our

country but also erodes the physical strength as well as the moral

well-being of our people;

WHEREAS, in order to curb the incidence of drug

addiction, the Congress of the Philippines enacted Republic Act No.

6425, otherwise known as the Dangerous Drugs Act of 1972;

WHEREAS, after the approval of the Act on March 30,

1972, certain defects and deficiencies in it have been discovered which

have hampered the full and expeditious implementation of its provisions;

WHEREAS, in order that the desired aims and

objectives of the Dangerous Drugs Acts can be effectively and

satisfactorily attained, it is imperative that the said law be modified

so as to cure its defects and supply its deficiencies;

NOW, THEREFORE, I, FERDINAND E. MARCOS, President of

the Philippines, by virtue of the powers in me vested by the

Constitution as Commander-in-Chief of all the Armed Forces of the

Philippines, and pursuant to Proclamation No. 1081, dated September 21,

1972, and General Order No. 1, dated September 22, 1972, do hereby order

and decree that Republic Act No. 6425, otherwise known as the Dangerous

Drugs Act of 1972, be amended as it is hereby amended, to wit:

Section 30

Section 30 of Republic Act No. 6425 is hereby amended to read as

follows:

"SEC. 30. Voluntary Submission of a Drug

Dependent to Confinement, Treatment and Rehabilitation by the Dependent

Himself or Through His Parent, Guardian or Relative. — If a drug

dependent voluntarily submits himself for confinement, treatment and

rehabilitation in a center and complies with such conditions therefor as

the Board may, by rules and regulations prescribe, he shall not be

criminally liable for any violation of Section 8, Article II and Section

16, Article III of this Act.

"The above exemption shall be extended to a minor who may be

committed for treatment and rehabilitation in a center upon sworn

petition of his parent, guardian or relative within the fourth civil

degree of consanguinity or affinity, or of the Director of Health or the

Secretary of the Department of Social Welfare, in that order. Such

petition may be filed with the Court of First Instance, Juvenile and

Domestic Relations Court or Circuit Criminal Court of the province or

city where the minor resides and shall set forth therein his name and

address and the facts relating to his dependency: Provided,

that any of said courts shall have jurisdiction to act on the petition

regardless of the age of the minor. The court shall set the petition for

hearing and give the drug dependent concerned an opportunity to be

heard. If, after such hearing, the facts so warrant in its judgment, the

court shall order the drug dependent to be examined by two physicians

accredited by the Board. If both physicians conclude, after examination,

that the minor is not a drug dependent, the court shall enter an order

discharging him. If cither physician finds him to be a dependent, the

court shall conduct a hearing and consider all relevant evidence which

may be offered. If the court makes a finding of drug dependency, it

shall issue an order for his commitment to a center designated by the

court for treatment and rehabilitation under the supervision of the

Board.

"When, in the opinion of the person committed or of his parent,

guardian or relative, or of the Board, such person is rehabilitated, any

of the above parties may file a sworn petition for his release with the

court which ordered the commitment. If, after due hearing, the court

finds the petition to he well-founded, it shall forthwith order the

release of the person so committed.

"Should the drug dependent, having voluntarily submitted himself

to confinement, treatment and rehabilitation in, or having been

committed to a center upon petition of the proper party, escape

therefrom, he may resubmit himself for confinement within one week from

the date of his escape, or his parent, guardian or relative may, within

the same period, surrender him for recommitment. If, however, the drug

dependent does not resubmit himself for confinement or he is not

surrendered for recommitment, as the case may be, the Board may file a

sworn petition for his recommitment. Upon proof of previous commitment

or of his voluntary submission to confinement, treatment and

rehabilitation, the court shall issue an order for recommitment, if

subsequent to such recommitment, he should escape again, he shall no

longer be exempt from criminal liability for use or possession of any

dangerous drug. "The judicial and medical records pertaining to any drug

dependent's confinement or commitment under this Section shall be

confidential and shall not be used against him for any purpose except to

determine how many times he shall have voluntarily submitted himself to

confinement, treatment and rehabilitation or been committed to a

center."

Section 31

Section 31 of the same Act is hereby amended to read as

follows:

"SEC. 31. Compulsory Submission of a Drug

Dependent to Treatment and Rehabilitation. — If a person charged

with an offense is found by the fiscal or by the court, at any stage of

the proceedings, to be a drug dependent, the fiscal or the court, as the

case may be, shall suspend all further proceedings and transmit copies

of the record of the case to the Board.

"In the event the Board determines, after medical examination,

that public interest requires that such drug dependent be committed to a

center for treatment and rehabilitation, it shall file a petition for

his commitment with the Court of First Instance, Juvenile and Domestic

Relations Court, or Circuit Criminal Court of the province or city where

he is being investigated or tried: Provided, that any of said

courts may take cognizance of such petition regardless of the age of the

drug dependent: Provided, further, that where a

criminal case is pending in court such petition shall be filed in the

said court. The court shall take judicial notice of the prior

proceedings in the case and shall proceed to hear the petition. If the

court finds him to be a drug dependent, it shall order his commitment to

a center for treatment and rehabilitation. The head of said center

shall submit to the court every four months, or as often as the court

may require, a written report on the progress of the treatment. If the

dependent is rehabilitated, as certified by the center and the Board, he

shall be returned to the court which committed him, for his discharge

therefrom.

"Thereafter, his prosecution for any offense punishable by law

shall be instituted or shall continue, as the case may be. In case of

conviction, the judgment shall indicate whether the full or partial

period of his prior detention and of his confinement for treatment and

rehabilitation shall be deducted from the period of the penalty imposed

on him, taking into account his good behavior or misconduct while being

detained or confined.

"The period of prescription of the offense charged shall not

run during the time that the respondent or the accused is under

detention or confinement in a center."

Section 35

Section 35 of the same Act is hereby amended to read as follows:

"SEC. 35. Creation and Composition of the

Board.—There is hereby created a Dangerous Drugs Board which shall

be composed of six ex officio members, as follows:

(a) the Secretary of Health or his representative;

(b) the Secretary of Justice or his representative;

(c) the Secretary of National Defense or his representative;

(d) the Secretary of Education or his representative;

(e) the Secretary of Finance or his representative; and

(f) the Secretary of the Department of Social Welfare or his

representative.

"The Secretary of Health shall be the Chairman of the Board.

"The Director of the National Bureau of Investigation shall be the

permanent consultant of the Board.

"The Chairman and all members of the Board and the Director of the

National Bureau of Investigation shall each receive a per diem of

fifty-pesos for their attendance at every meeting of the Board: Provided,

that where the representative of an ex officio member attends a

meeting in behalf of the latter such representative shall be entitled

to receive the per diem.

"The Board shall meet at the call of the chairman or of any two

other members. The presence of four members shall constitute a quorum.

In the absence of the chairman, a temporary presiding officer may be

designated by the majority of the quorum.

"The Board may constitute an executive committee, to be composed of

any three members or their representatives or of any three ranking

personnel of the Board, which shall have the duty of carrying into

effect the policies and decisions of the Board and shall meet as often

as necessary, at the discretion of its chairman to be designated by the

Board.

"When public interest so requires, the executive committee may act

for and in behalf of the Board, and its decision if approved by the

Secretary of Health, shall be valid, unless revoked by the Board at its

next regular or special meeting.

"The Board shall appoint an executive director who shall be the

administrative officer of the Board and shall perform such other duties

as may be assigned to him by it. The executive director shall possess

adequate training and experience in the field of dangerous drugs, or in

law, medicine, criminology, psychology or social work. He shall receive a

compensation of twenty thousand pesos per annum."

Section 39

Section 39 of the same Act is hereby amended to read as follows:

"SEC. 39. Jurisdiction—The Court of

First Instance, Circuit Criminal Court, and Juvenile and Domestic

Relations Court shall have concurrent original jurisdiction over all

cases involving offenses punishable under this Act: Provided,

that in cities or provinces where there are Juvenile and Domestic

Relations Courts, the said courts shall take exclusive cognizance of

cases where the offenders are under sixteen years of age.

"The preliminary investigation of cases filed under this Act shall

be terminated within a period of thirty (30) days from the date of their

filing.

"Where the preliminary investigation is conducted by a prosecuting

officer and a prima facie case is established, the

corresponding information shall be filed in court within twenty-four

(24) hours from the termination of the investigation. If the preliminary

investigation is conducted by a judge and a prima facie case

is found to exist, the corresponding information shall be filed by the

proper prosecuting officer within forty eight (48) hours from the date

of receipt of the records of the case.

“Trial of the cases under this section shall be finished by the

court not later than ninety (90) days from the sate of the filing of the

information. Decision on said cases shall be rendered within a period

of fifteen (15) days from the date of submission of the case.”

This Decree shall take effect immediately.

Done in the City if Manila, this 9th day of November, in the year of

Our Lord, nineteen hundred and seventy-two.

(Sgd.) FERDINAND E. MARCOS

President

Republic of the Philippines

By the President:

(Sgd.) ALEJANDRO MELCHOR

Executive Secretary