CENTRAL LUZON DOCTORS’ HOSPITAL

EDUCATIONAL INSTITUTION Romulo Hi-way, San Pablo, Tarlac City, Tarlac,

Philippines

MEDICAL TECHNOLOGY DEPARTMENT

MODULE IN MT
LAWS &
BIOETHICS
--RA 9165—
COMPREHENSIVE DANGEROUS
DRUGS ACT OF 2002

Prepared by: Alton Joshua S. Masanque, RMT, DTA

REPUBLIC ACT NO. 9165

An act instituting the Comprehensive Dangerous Drugs Act of 2002, repealing Republic
Act No. 6425, otherwise known as the Dangerous Drugs Act of 1972, as amended, providing
funds therefor, and for other purposes.

SECTION ONE: TITLE

This Act shall be known and cited as the "Comprehensive Dangerous Drugs Act of
2002".

SECTION TWO: DECLARATION OF POLICY

It is the policy of the State to safeguard the integrity of its territory and the well-being of its
citizenry particularly the youth, from the harmful effects of dangerous drugs on their physical
and mental well-being, and to defend the same against acts or omissions detrimental to their
development and preservation. In view of the foregoing, the State needs to enhance further the
efficacy of the law against dangerous drugs, it being one of today's more serious social ills.

Toward this end, the government shall pursue an intensive and unrelenting campaign
against the trafficking and use of dangerous drugs and other similar substances through an
integrated system of planning, implementation and enforcement of anti-drug abuse policies,
programs, and projects. The government shall however aim to achieve a balance in the national
drug control program so that people with legitimate medical needs are not prevented from being
treated with adequate amounts of appropriate medications, which include the use of dangerous
drugs.

It is further declared the policy of the State to provide effective mechanisms or measures
to re-integrate into society individuals who have fallen victims to drug abuse or dangerous drug
dependence through sustainable programs of treatment and rehabilitation.

SECTION THREE: DEFINITIONS

As used in this Act, the following terms shall mean:

Administer – Any act of introducing any dangerous drug into the body of any person,
with or without his/her knowledge, by injection, inhalation, ingestion or other means,
or of committing any act of indispensable assistance to a person in administering a
dangerous drug to himself/herself unless administered by a duly licensed practitioner
for purposes of medication.
Board - Refers to the Dangerous Drugs Board under Section 77, Article IX of this
Act.
Centers - Any of the treatment and rehabilitation centers for drug dependents referred
to in Section 34, Article VIII of this Act.
Chemical Diversion – The sale, distribution, supply or transport of legitimately
imported, in-transit, manufactured or procured controlled precursors and essential
chemicals, in diluted, mixtures or in concentrated form, to any person or entity
 engaged in the manufacture of any dangerous drug, and shall include packaging,
repackaging, labeling, relabeling or concealment of such transaction through fraud,
destruction of documents, fraudulent use of permits, misdeclaration, use of front
companies or mail fraud.
Clandestine Laboratory – Any facility used for the illegal manufacture of any
dangerous drug and/or controlled precursor and essential chemical. Confirmatory
Test – An analytical test using a device, tool or equipment with a different chemical or
physical principle that is more specific which will validate and confirm the result of the
screening test.
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 officer, with a view to gathering evidence to identify any
person involved in any dangerous drugs related offense, or to facilitate prosecution of
that offense.
Controlled Precursors and Essential Chemicals – Include those listed in Tables I
and II of the 1988 UN Convention Against Illicit Traffic in Narcotic Drugs and
Psychotropic Substances as enumerated in the attached annex, which is an integral
part of this Act.
Cultivate or Culture – Any act of knowingly planting, growing, raising, or
permitting the planting, growing or raising of any plant which is the source of a
dangerous drug.
Dangerous Drugs – Include those listed in the Schedules annexed to the 1961 Single
Convention on Narcotic Drugs, as amended by the 1972 Protocol, and in the
Schedules annexed to the 1971 Single Convention on Psychotropic Substances as
enumerated in the attached annex which is an integral part of this Act.
Deliver – Any act of knowingly passing a dangerous drug to another, personally or
otherwise, and by any means, with or without consideration.
Den, Dive or Resort – A place where any dangerous drug and/or controlled precursor
and essential chemical is administered, delivered, stored for illegal purposes,
distributed, sold or used in any form.
Dispense – Any act of giving away, selling or distributing medicine or any dangerous
drug with or without the use of prescription.
Drug Dependence – As based on the World Health Organization definition, it is a
cluster of physiological, behavioral and cognitive phenomena of variable intensity, in
which the use of psychoactive drug takes on a high priority thereby involving, among
others, a strong desire or a sense of compulsion to take the substance and the
difficulties in controlling substance-taking behavior in terms of its onset, termination,
or levels of use.
Drug Syndicate – Any organized group of two (2) or more persons forming or
joining together with the intention of committing any offense prescribed under this
Act.
Employee of Den, Dive or Resort – The caretaker, helper, watchman, lookout, and
other persons working in the den, dive or resort, employed by the maintainer, owner
and/or operator where any dangerous drug and/or controlled precursor and essential
chemical is administered, delivered, distributed, sold or used, with or without
compensation, in connection with the operation thereof.
Financier – Any person who pays for, raises or supplies money for, or underwrites
 any of the illegal activities prescribed under this Act.
Illegal Trafficking – The illegal cultivation, culture, delivery, administration,
dispensation, manufacture, sale, trading, transportation, distribution, importation,
exportation and possession of any dangerous drug and/or controlled precursor and
essential chemical.
Instrument – Anything that is used in or intended to be used in any manner in the
commission of illegal drug trafficking or related offenses.
Laboratory Equipment – The paraphernalia, apparatus, materials or appliances when
used, intended for use or designed for use in the manufacture of any dangerous drug
and/or controlled precursor and essential chemical, such as reaction vessel,
preparative/purifying equipment, fermenters, separatory funnel, flask, heating mantle,
gas generator, or their substitute.
Manufacture – The production, preparation, compounding or processing of any
dangerous drug and/or controlled precursor and essential chemical, either directly or
indirectly or by extraction from substances of natural origin, or independently by
means of chemical synthesis or by a combination of extraction and chemical
synthesis, and shall 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 other substances by a duly authorized practitioner as an incident to his/her
administration or dispensation of such drug or substance in the course of his/her
professional practice including research, teaching and chemical analysis of dangerous
drugs or such substances that are not intended for sale or for any other purpose.
Cannabis or commonly known as "Marijuana" or "Indian Hemp" or by its any other
name – Embraces every kind, class, genus, or specie of the plant Cannabis sativa L.
including, but not limited to, Cannabis americana, hashish, bhang, guaza, churrus
and ganjab, and embraces every kind, class and character of marijuana, whether dried
or fresh and flowering, flowering or fruiting tops, or any part or portion of the plant
and seeds thereof, and all its geographic varieties, whether as a reefer, resin, extract,
tincture or in any form whatsoever.
Methylenedioxymethamphetamine (MDMA) or commonly known as "Ecstasy", or
by its any other name – Refers to the drug having such chemical composition,
including any of its isomers or derivatives in any form.
Methamphetamine Hydrochloride or commonly known as "Shabu", "Ice",
"Meth", or by its any other name – Refers to the drug having such chemical
composition, including any of its isomers or derivatives in any form.
Opium – Refers to the coagulated juice of the opium poppy (Papaver somniferum L.)
and embraces every kind, class and character of opium, whether crude or prepared; the
ashes or refuse of the same; narcotic preparations thereof or therefrom; morphine or any
alkaloid of opium; preparations in which opium, morphine or any alkaloid of
opium enters as an ingredient; opium poppy; opium poppy straw; and leaves or
wrappings of opium leaves, whether prepared for use or not.
Opium Poppy – Refers to any part of the plant of the species Papaver somniferum
L., Papaver setigerum DC, Papaver orientale, Papaver bracteatum and Papaver
rhoeas, which includes the seeds, straws, branches, leaves or any part thereof, or
substances derived therefrom, even for floral, decorative and culinary purposes.
PDEA – Refers to the Philippine Drug Enforcement Agency under Section 82,
Article IX of this Act.
Person – Any entity, natural or juridical, including among others, a corporation,
 partnership, trust or estate, joint stock company, association, syndicate, joint venture
or other unincorporated organization or group capable of acquiring rights or entering
into obligations.
Planting of Evidence – The willful act by any person of maliciously and
surreptitiously inserting, placing, adding or attaching directly or indirectly, through
any overt or covert act, whatever quantity of any dangerous drug and/or controlled
precursor and essential chemical in the person, house, effects or in the immediate
vicinity of an innocent individual for the purpose of implicating, incriminating or
imputing the commission of any violation of this Act.
Practitioner – Any person who is a licensed physician, dentist, chemist, medical
technologist, nurse, midwife, veterinarian or pharmacist in the Philippines.
Protector/Coddler – Any person who knowingly and willfully consents to the unlawful
acts provided for in this Act and uses his/her influence, power or position in shielding,
harboring, screening or facilitating the escape of any person he/she knows, or has
reasonable grounds to believe on or suspects, has violated the provisions of this Act in
order to prevent the arrest, prosecution and conviction of the violator. Pusher – Any
person who sells, trades, administers, dispenses, delivers or gives away to another, on any
terms whatsoever, or distributes, dispatches in transit or transports dangerous drugs or
who acts as a broker in any of such transactions, in violation of this Act.
School – Any educational institution, private or public, undertaking educational
operation for pupils/students pursuing certain studies at defined levels, receiving
instructions from teachers, usually located in a building or a group of buildings in a
particular physical or cyber site.
Screening Test – A rapid test performed to establish potential/presumptive positive
result.
Sell – Any act of giving away any dangerous drug and/or controlled precursor and
essential chemical whether for money or any other consideration. Trading –
Transactions involving the illegal trafficking of dangerous drugs and/or controlled
precursors and essential chemicals using electronic devices such as, but not limited to,
text messages, email, mobile or landlines, two-way radios, internet, instant messengers
and chat rooms or acting as a broker in any of such transactions whether for money or
any other consideration in violation of this Act.
Use – Any act of injecting, intravenously or intramuscularly, of consuming, either by
chewing, smoking, sniffing, eating, swallowing, drinking or otherwise introducing
into the physiological system of the body, and of the dangerous drugs.
SECTION FOUR: IMPORTATION OF DANGEROUS DRUGS AND/OR
CONTROLLED PRECURSORS AND ESSENTIAL CHEMICALS

The penalty of life imprisonment to death and a ranging from Five hundred thousand
pesos (P500,000.00) to Ten million pesos (P10,000,000.00) shall be imposed upon any person,
who, unless authorized by law, shall import or bring into the Philippines any dangerous drug,
regardless of the quantity and purity involved, including any and all species of opium poppy or
any part thereof or substances derived therefrom even for floral, decorative and culinary
purposes.

The penalty of imprisonment ranging from twelve (12) years and one (1) day to twenty
(20) years and a fine ranging from One hundred thousand pesos (P100,000.00) to Five hundred
thousand pesos (P500,000.00) shall be imposed upon any person, who, unless authorized by law,
shall import any controlled precursor and essential chemical.
 The maximum penalty provided for under this Section shall be imposed upon any person,
who, unless authorized under this Act, shall import or bring into the Philippines any dangerous
drug and/or controlled precursor and essential chemical through the use of a diplomatic passport,
diplomatic facilities or any other means involving his/her official status intended to facilitate the
unlawful entry of the same. In addition, the diplomatic passport shall be confiscated and
canceled.

The maximum penalty provided for under this Section shall be imposed upon any person,
who organizes, manages or acts as a "financier" of any of the illegal activities prescribed in this
Section.

The penalty of twelve (12) years and one (1) day to twenty (20) years of imprisonment
and a fine ranging from One hundred thousand pesos (P100,000.00) to Five hundred thousand
pesos (P500,000.00) shall be imposed upon any person, who acts as a "protector/coddler" of any
violator of the provisions under this Section.

SECTION FIVE: SALE, TRADING, ADMINISTRATION, DISPENSION, DELIVERY,

DISTRIBUTION AND TRANSPORTATION OF DANGEROUS DRUGS ACT AND/OR
CONTROLLED PRECURSORS AND ESSENTIAL CHEMICALS

The penalty of life imprisonment to death and a fine ranging from Five hundred thousand
pesos (P500,000.00) to Ten million pesos (P10,000,000.00) shall be imposed upon any person,
who, unless authorized by law, shall sell, trade, administer, dispense, deliver, give away to
another, distribute dispatch in transit or transport any dangerous drug, including any and all
species of opium poppy regardless of the quantity and purity involved, or shall act as a broker in
any of such transactions.

The penalty of imprisonment ranging from twelve (12) years and one (1) day to twenty (20)
years and a fine ranging from One hundred thousand pesos (P100,000.00) to Five hundred
thousand pesos (P500,000.00) shall be imposed upon any person, who, unless authorized by law,
shall sell, trade, administer, dispense, deliver, give away to another, distribute, 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, distribution or transportation of

any dangerous drug and/or controlled precursor and essential chemical transpires within one
hundred (100) meters from the school, the maximum penalty shall be imposed in every case. For
drug pushers who use minors or mentally incapacitated individuals as runners, couriers and
messengers, or in any other capacity directly connected to the dangerous drugs and/or controlled
precursors and essential chemical trade, the maximum penalty shall be imposed in every case. If
the victim of the offense is a minor or a mentally incapacitated individual or should a dangerous
drug and/or a controlled precursor and essential chemical involved in any offense herein
provided be the proximate cause of death of a victim thereof, the maximum penalty provided for
under this Section shall be imposed.

The maximum penalty provided for under this Section shall be imposed upon any person
who organizes, manages or acts as a "financier" of any of the illegal activities prescribed in this
Section.
 The penalty of twelve (12) years and one (1) day to twenty (20) years of imprisonment
and a fine ranging from One hundred thousand pesos (P100,000.00) to Five hundred thousand
pesos (P500,000.00) shall be imposed upon any person, who acts as a "protector/coddler" of any
violator of the provisions under this Section.

SECTION SIX: MAINTENANCE OF A DEN, DIVE OR RESORT

The penalty of life imprisonment to death and a fine ranging from Five hundred thousand
pesos (P500,000.00) to Ten million pesos (P10,000,000.00) shall be imposed upon any person or
group of persons who shall maintain a den, dive or resort where any dangerous drug is used or
sold in any form.

The penalty of imprisonment ranging from twelve (12) years and one (1) day to twenty
(20) years and a fine ranging from One hundred thousand pesos (P100,000.00) to Five hundred
thousand pesos (P500,000.00) shall be imposed upon any person or group of persons who shall
maintain a den, dive, or resort where any controlled precursor and essential chemical is used or
sold in any form.

The maximum penalty provided for under this Section shall be imposed in every case
where any dangerous drug is administered, delivered or sold to a minor who is allowed to use the
same in such a place.

Should any dangerous drug be the proximate cause of the death of a person using the
same in such den, dive or resort, the penalty of death and a fine ranging from One million
(P1,000,000.00) to Fifteen million pesos (P500,000.00) shall be imposed on the maintainer,
owner and/or operator.
If such den, dive or resort is owned by a third person, the same shall be confiscated and
escheated in favor of the government: Provided, That the criminal complaint shall specifically
allege that such place is intentionally used in the furtherance of the crime: Provided, further,
That the prosecution shall prove such intent on the part of the owner to use the property for such
purpose: Provided, finally, That the owner shall be included as an accused in the criminal
complaint.

The maximum penalty provided for under this Section shall be imposed upon any person
who organizes, manages or acts as a "financier" of any of the illegal activities prescribed in this
Section.

The penalty twelve (12) years and one (1) day to twenty (20) years of imprisonment and a
fine ranging from One hundred thousand pesos (P100,000.00) to Five hundred thousand pesos
(P500,000.00) shall be imposed upon any person, who acts as a "protector/coddler" of any
violator of the provisions under this Section.

SECTION SEVEN: EMPLOYEES AND VISITORS OF A DEN, DIVE OR RESORT

The penalty of imprisonment ranging from twelve (12) years and one (1) day to twenty
(20) years and a fine ranging from One hundred thousand pesos (P100,000.00) to Five hundred
thousand pesos (P500,000.00) shall be imposed upon:
 Any employee of a den, dive or resort, who is aware of the nature of the place as
such.
Any person who, not being included in the provisions of the next preceding,
paragraph, is aware of the nature of the place as such and shall knowingly visit the
same.

SECTION EIGHT: MANUFACTURE OF DANGEROUS DRUGS AND/OR

CONTROLLED PRECURSORS AND ESSENTIAL CHEMICALS

The penalty of life imprisonment to death and a fine ranging Five hundred thousand
pesos (P500,000.00) to Ten million pesos (P10,000,000.00) shall be imposed upon any person,
who, unless authorized by law, shall engage in the manufacture of any dangerous drug. The
penalty of imprisonment ranging from twelve (12) years and one (1) day to twenty (20) years
and a fine ranging from One hundred thousand pesos (P100,000.00) to Five hundred thousand
pesos (P500,000.00) shall be imposed upon any person, who, unless authorized by law, shall
manufacture any controlled precursor and essential chemical.

The presence of any controlled precursor and essential chemical or laboratory equipment
in the clandestine laboratory is a prima facie proof of manufacture of any dangerous drug. It
shall be considered an aggravating circumstance if the clandestine laboratory is undertaken or
established under the following circumstances:
Any phase of the manufacturing process was conducted in the presence or with the
help of minor/s.
Any phase or manufacturing process was established or undertaken within one
hundred (100) meters of a residential, business, church or school premises. Any
clandestine laboratory was secured or protected with booby traps. Any clandestine
laboratory was concealed with legitimate business operations. Any employment of
a practitioner, chemical engineer, public official or foreigner.

The maximum penalty provided for under this Section shall be imposed upon any person,
who organizes, manages or acts as a "financier" of any of the illegal activities prescribed in this
Section.

The penalty of twelve (12) years and one (1) day to twenty (20) years of imprisonment
and a fine ranging from One hundred thousand pesos (P100,000.00) to Five hundred thousand
pesos (P500,000.00) shall be imposed upon any person, who acts as a "protector/coddler" of any
violator of the provisions under this Section.

SECTION NINE: ILLEGAL CHEMICAL DIVERSION OF CONTROLLED

PRECURSORS AND ESSENTIAL CHEMICALS

The penalty of imprisonment ranging from twelve (12) years and one (1) day to twenty
(20) years and a fine ranging from One hundred thousand pesos (P100,000.00) to Five hundred
thousand pesos (P500,000.00) shall be imposed upon any person, who, unless authorized by law,
shall illegally divert any controlled precursor and essential chemical.
SECTION TEN: MANUFACTURE OR DELIVERY OF EQUIPMENT, INSTRUMENT,
APPARATUS, AND OTHER PARAPHERNALIA FOR DANGEROUS DRUGS AND/OR
CONTROLLED PRECURSORS AND ESSENTIAL CHEMICALS

The penalty of imprisonment ranging from twelve (12) years and one (1) day to twenty
(20) years and a fine ranging from One hundred thousand pesos (P100,000.00) to Five hundred
thousand pesos (P500,000.00) shall be imposed upon any person who shall deliver, possess with
intent to deliver, or manufacture with intent to deliver equipment, instrument, apparatus and
other paraphernalia for dangerous drugs, knowing, or under circumstances where one reasonably
should know, that it will be used to plant, propagate, cultivate, grow, harvest, manufacture,
compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain or
conceal any dangerous drug and/or controlled precursor and essential chemical in violation of
this Act.

The penalty of imprisonment ranging from six (6) months and one (1) day to four (4)
years and a fine ranging from Ten thousand pesos (P10,000.00) to Fifty thousand pesos
(P50,000.00) shall be imposed if it will be used to inject, ingest, inhale or otherwise introduce
into the human body a dangerous drug in violation of this Act.
The maximum penalty provided for under this Section shall be imposed upon any person,
who uses a minor or a mentally incapacitated individual to deliver such equipment, instrument,
apparatus and other paraphernalia for dangerous drugs.

SECTION ELEVEN: POSSESSION OF DANGEROUS DRUGS

The penalty of life imprisonment to death and a fine ranging from Five hundred thousand
pesos (P500,000.00) to Ten million pesos (P10,000,000.00) shall be imposed upon any person,
who, unless authorized by law, shall possess any dangerous drug in the following quantities,
regardless of the degree of purity thereof:

10 grams or more of opium.

10 grams or more of morphine.
10 grams or more of heroin.
10 grams or more of cocaine or cocaine hydrochloride.
50 grams or more of methamphetamine hydrochloride or "shabu".
10 grams or more of marijuana resin or marijuana resin oil.
500 grams or more of marijuana.
10 grams or more of other dangerous drugs such as, but not limited to,
methylenedioxymethamphetamine (MDA) or "ecstasy", paramethoxyamphetamine
(PMA), trimethoxyamphetamine (TMA), lysergic acid diethylamine (LSD), gamma
hydroxyamphetamine (GHB), and those similarly designed or newly introduced drugs
and their derivatives, without having any therapeutic value or if the quantity
possessed is far beyond therapeutic requirements, as determined and promulgated by
the Board in accordance to Section 93, Article XI of this Act.

Otherwise, if the quantity involved is less than the foregoing quantities, the penalties
shall be graduated as follows:

Life imprisonment and a fine ranging from Four hundred thousand pesos
 (P400,000.00) to Five hundred thousand pesos (P500,000.00), if the quantity of
methamphetamine hydrochloride or "shabu" is ten (10) grams or more but less than
fifty (50) grams.
Imprisonment of twenty (20) years and one (1) day to life imprisonment and a fine
ranging from Four hundred thousand pesos (P400,000.00) to Five hundred thousand
pesos (P500,000.00), if the quantities of dangerous drugs are five (5) grams or more
but less than ten (10) grams of opium, morphine, heroin, cocaine or cocaine
hydrochloride, marijuana resin or marijuana resin oil, methamphetamine
hydrochloride or "shabu", or other dangerous drugs such as, but not limited to,
MDMA or "ecstasy", PMA, TMA, LSD, GHB, and those similarly designed or newly
introduced drugs and their derivatives, without having any therapeutic value or if the
quantity possessed is far beyond therapeutic requirements; or three hundred (300)
grams or more but less than five (hundred) 500) grams of marijuana.
Imprisonment of twelve (12) years and one (1) day to twenty (20) years and a fine
ranging from Three hundred thousand pesos (P300,000.00) to Four hundred thousand
pesos (P400,000.00), if the quantities of dangerous drugs are less than five (5) grams
of opium, morphine, heroin, cocaine or cocaine hydrochloride, marijuana resin or
marijuana resin oil, methamphetamine hydrochloride or "shabu", or other dangerous
drugs such as, but not limited to, MDMA or "ecstasy", PMA, TMA, LSD, GHB, and
those similarly designed or newly introduced drugs and their derivatives, without
having any therapeutic value or if the quantity possessed is far beyond therapeutic
requirements; or less than three hundred (300) grams of marijuana.

SECTION TWELVE: POSSESSION OF EQUIPMENT, INSTRUMENT, APPARATUS

AND OTHER PARAPHERNALIA FOR DANGEROUS DRUGS

The penalty of imprisonment ranging from six (6) months and one (1) day to four (4)
years and a fine ranging from Ten thousand pesos (P10,000.00) to Fifty thousand pesos
(P50,000.00) shall be imposed upon any person, who, unless authorized by law, shall possess or
have under his/her control any equipment, instrument, apparatus and other paraphernalia fit or
intended 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 are required to carry such equipment, instrument, apparatus and other
paraphernalia in the practice of their profession, the Board shall prescribe the necessary
implementing guidelines thereof.

The possession of such equipment, instrument, apparatus and other paraphernalia fit or
intended for any of the purposes enumerated in the preceding paragraph shall be prima facie
evidence that the possessor has smoked, consumed, administered to himself/herself, injected,
ingested or used a dangerous drug and shall be presumed to have violated Section 15 of this Act.

SECTION THIRTEEN: POSSESSION OF DANGEROUS DRUGS DURING PARTIES,

SOCIAL GATHERINGS OR MEETINGS

Any person found possessing any dangerous drug during a party, or at a social gathering
or meeting, or in the proximate company of at least two (2) persons, shall suffer the maximum
penalties provided for in Section 11 of this Act, regardless of the quantity and purity of such
dangerous drugs.

SECTION FOURTEEN: POSSESSION OF EQUIPMENT, INSTRUMENT, APPARATUS

AND OTHER PARAPHERNALIA FOR DANGEROUS DRUGS DURING PARTIES,
SOCIAL GATHERINGS OR MEETINGS

The maximum penalty provided for in Section 12 of this Act shall be imposed upon any
person, who shall possess or have under his/her control any equipment, instrument, apparatus
and other paraphernalia fit or intended for smoking, consuming, administering, injecting,
ingesting, or introducing any dangerous drug into the body, during parties, social gatherings or
meetings, or in the proximate company of at least two (2) persons.

SECTION FIFTEEN: USE OF DANGEROUS DRUGS

A person apprehended or arrested, who is found to be positive for use of any dangerous
drug, after a confirmatory test, shall be imposed a penalty of a minimum of six (6) months
rehabilitation in a government center for the first offense, subject to the provisions of Article
VIII of this Act. If apprehended using any dangerous drug for the second time, he/she shall suffer
the penalty of imprisonment ranging from six (6) years and one (1) day to twelve (12) years and
a fine ranging from Fifty thousand pesos (P50,000.00) to Two hundred thousand pesos
(P200,000.00): Provided, That this Section shall not be applicable where the person tested is also
found to have in his/her possession such quantity of any dangerous drug provided for under
Section 11 of this Act, in which case the provisions stated therein shall apply.

SECTION SIXTEEN: CULTIVATION OR CULTURE OF PLANTS CLASSIFIED AS

DANGEROUS DRUGS OR ARE SOURCES THEREOF

The penalty of life imprisonment to death and a fine ranging from Five hundred thousand
pesos (P500,000.00) to Ten million pesos (P10,000,000.00) shall be imposed upon any person,
who shall plant, cultivate or culture marijuana, opium poppy or any other plant regardless of
quantity, which is or may hereafter be classified as a dangerous drug or as a source from which
any dangerous drug may be manufactured or derived: Provided, That in the case of medical
laboratories and medical research centers which cultivate or culture marijuana, opium poppy and
other plants, or materials of such dangerous drugs for medical experiments and research
purposes, or for the creation of new types of medicine, the Board shall prescribe the necessary
implementing guidelines for the proper cultivation, culture, handling, experimentation and
disposal of such plants and materials.

The land or portions thereof and/or greenhouses on which any of said plants is cultivated
or cultured shall be confiscated and escheated in favor of the State, unless the owner thereof can
prove lack of knowledge of such cultivation or culture despite the exercise of due diligence on
his/her part. If the land involved is part of the public domain, the maximum penalty provided for
under this Section shall be imposed upon the offender.

The maximum penalty provided for under this Section shall be imposed upon any person,
who organizes, manages or acts as a "financier" of any of the illegal activities prescribed in this
Section.

The penalty of twelve (12) years and one (1) day to twenty (20) years of imprisonment
and a fine ranging from One hundred thousand pesos (P100,000.00) to Five hundred thousand
pesos (P500,000.00) shall be imposed upon any person, who acts as a "protector/coddler" of any
violator of the provisions under this Section.
SECTION SEVENTEEN: MAINTENANCE AND KEEPING OF ORIGINAL RECORDS
OF TRANSACTIONS ON DANGEROUS DRUGS AND/OR CONTROLLED
PRECURSORS AND ESSENTIAL CHEMICALS

The penalty of imprisonment ranging from one (1) year and one (1) day to six (6) years
and a fine ranging from Ten thousand pesos (P10,000.00) to Fifty thousand pesos (P50,000.00)
shall be imposed upon any practitioner, manufacturer, wholesaler, importer, distributor, dealer or
retailer who violates or fails to comply with the maintenance and keeping of the original records
of transactions on any dangerous drug and/or controlled precursor and essential chemical in
accordance with Section 40 of this Act.

An additional penalty shall be imposed through the revocation of the license to practice
his/her profession, in case of a practitioner, or of the business, in case of a manufacturer, seller,
importer, distributor, dealer or retailer.

SECTION EIGHTEEN: UNNECESSARY PRESCRIPTION OF DANGEROUS DRUGS

The penalty of imprisonment ranging from twelve (12) years and one (1) day to twenty
(20) years and a fine ranging from One hundred thousand pesos (P100,000.00) to Five hundred
thousand pesos (P500,000.00) and the additional penalty of the revocation of his/her license to
practice shall be imposed upon the practitioner, who shall prescribe any dangerous drug to any
person whose physical or physiological condition does not require the use or in the dosage
prescribed therein, as determined by the Board in consultation with recognized competent
experts who are authorized representatives of professional organizations of practitioners,
particularly those who are involved in the care of persons with severe pain.

SECTION NINETEEN: UNLAWFUL PRESCRIPTION OF DANGEROUS DRUGS

The penalty of life imprisonment to death and a fine ranging from Five hundred thousand
pesos (P500,000.00) to Ten million pesos (P10,000,000.00) shall be imposed upon any person,
who, unless authorized by law, shall make or issue a prescription or any other writing purporting
to be a prescription for any dangerous drug.

SECTION TWENTY: CONFISCATION AND FORFEITURE OF THE PROCEEDS OR

INSTRUMENTS OF THE UNLAWFUL ACT, INCLUDING THE PROPERTIES OR
PROCEEDS DERIVED FROM THE ILLEGAL TRAFFICKING OF DANGEROUS
DRUGS AND/OR PRECURSORS AND ESSENTIAL CHEMICALS

Every penalty imposed for the unlawful importation, sale, trading, administration, dispensation,
delivery, distribution, transportation or manufacture of any dangerous drug and/or controlled
 precursor and essential chemical, the cultivation or culture of plants which are sources of
dangerous drugs, and the possession of any equipment, instrument, apparatus and other
paraphernalia for dangerous drugs including other laboratory equipment, shall carry with it the
confiscation and forfeiture, in favor of the government, of all the proceeds and properties derived
from the unlawful act, including, but not limited to, money and other assets obtained thereby,
and the instruments or tools with which the particular unlawful act was committed, unless they
are the property of a third person not liable for the unlawful act, but those which are not of lawful
commerce shall be ordered destroyed without delay pursuant to the provisions of Section 21 of
this Act.

After conviction in the Regional Trial Court in the appropriate criminal case filed, the Court
shall immediately schedule a hearing for the confiscation and forfeiture of all the proceeds of
the offense and all the assets and properties of the accused either owned or held by him or in the
name of some other persons if the same shall be found to be manifestly out of proportion to
his/her lawful income: Provided, however, That if the forfeited property is a vehicle, the same
shall be auctioned off not later than five (5) days upon order of confiscation or forfeiture.

During the pendency of the case in the Regional Trial Court, no property, or income
derived therefrom, which may be confiscated and forfeited, shall be disposed, alienated or
transferred and the same shall be in custodia legis and no bond shall be admitted for the release
of the same.

The proceeds of any sale or disposition of any property confiscated or forfeited under this
Section shall be used to pay all proper expenses incurred in the proceedings for the confiscation,
forfeiture, custody and maintenance of the property pending disposition, as well as expenses for
publication and court costs. The proceeds in excess of the above expenses shall accrue to the
Board to be used in its campaign against illegal drugs.

SECTION TWENTY-ONE: CUSTODY AND DISPOSITION OF CONFISCATED,

SEIZED, AND/OR SURRENDERED DANGEROUS DRUGS, PLANT SOURCES OF
DANGEROUS DRUGS, CONTROLLED PRECURSORS AND ESSENTIAL
CHEMICALS, INSTRUMENTS/PARAPHERNALIA AND/OR LABORATORY
EQUIPMENT

The PDEA shall take charge and have custody of all dangerous drugs, plant sources of
dangerous drugs, controlled precursors and essential chemicals, as well as
instruments/paraphernalia and/or laboratory equipment so confiscated, seized and/or surrendered,
for proper disposition in the following manner:

The apprehending team having initial custody and control of the drugs shall,
immediately after seizure and confiscation, physically inventory and photograph the
same in the presence of the accused or the person/s from whom such items were
confiscated and/or seized, or his/her representative or counsel, a representative from
the media and the Department of Justice (DOJ), and any elected public official who
shall be required to sign the copies of the inventory and be given a copy thereof.
Within twenty-four (24) hours upon confiscation/seizure of dangerous drugs, plant
sources of dangerous drugs, controlled precursors and essential chemicals, as well as
instruments/paraphernalia and/or laboratory equipment, the same shall be submitted
 to the PDEA Forensic Laboratory for a qualitative and quantitative examination. A
certification of the forensic laboratory examination results, which shall be done under
oath by the forensic laboratory examiner, shall be issued within twenty-four (24) hours
after the receipt of the subject item/s: Provided, That when the volume of the dangerous
drugs, plant sources of dangerous drugs, and controlled precursors and essential
chemicals does not allow the completion of testing within the time frame, a partial
laboratory examination report shall be provisionally issued stating therein the quantities
of dangerous drugs still to be examined by the forensic laboratory: Provided, however,
That a final certification shall be issued on the completed forensic laboratory
examination on the same within the next twenty-four (24) hours.
After the filing of the criminal case, the Court shall, within seventy-two (72) hours,
conduct an ocular inspection of the confiscated, seized and/or surrendered dangerous
drugs, plant sources of dangerous drugs, and controlled precursors and essential
chemicals, including the instruments/paraphernalia and/or laboratory equipment, and
through the PDEA shall within twenty-four (24) hours thereafter proceed with the
destruction or burning of the same, in the presence of the accused or the person/s
from whom such items were confiscated and/or seized, or his/her representative or
counsel, a representative from the media and the DOJ, civil society groups and any
elected public official. The Board shall draw up the guidelines on the manner of
proper disposition and destruction of such item/s which shall be borne by the
offender: Provided, that those item/s of lawful commerce, as determined by the
Board, shall be donated, used or recycled for legitimate purposes: Provided, further,
that a representative sample, duly weighed and recorded is retained.
The Board shall then issue a sworn certification as to the fact of destruction or burning
of the subject item/s which, together with the representative sample/s in the custody
of the PDEA, shall be submitted to the court having jurisdiction over the case. In all
instances, the representative sample/s shall be kept to a minimum quantity as
determined by the Board.
The alleged offender or his/her representative or counsel shall be allowed to personally
observe all of the above proceedings and his/her presence shall not constitute an
admission of guilt. In case the said offender or accused refuses or fails to appoint a
representative after due notice in writing to the accused or his/her counsel within
seventy-two (72) hours before the actual burning or destruction of the evidence in
question, the Secretary of Justice shall appoint a member of the public attorney's
office to represent the former.
After the promulgation and judgment in the criminal case wherein the representative
sample/s was presented as evidence in court, the trial prosecutor shall inform the Board
of the final termination of the case and, in turn, shall request the court for leave to turn
over the said representative sample/s to the PDEA for proper disposition and destruction
within twenty-four (24) hours from receipt of the same. Transitory Provision:
❖ Within twenty-four (24) hours from the effectivity of this Act, dangerous
drugs defined herein which are presently in possession of law enforcement
agencies shall, with leave of court, be burned or destroyed, in the presence of
representatives of the Court, DOJ, Department of Health (DOH) and the
accused/and or his/her counsel.
❖ Pending the organization of the PDEA, the custody, disposition, and burning
or destruction of seized/surrendered dangerous drugs provided under this
Section shall be implemented by the DOH.
SECTION TWENTY-TWO: GRANT OF COMPENSATION, REWARD AND AWARD

The Board shall recommend to the concerned government agency the grant of
compensation, reward and award to any person providing information and to law enforcers
participating in the operation, which results in the successful confiscation, seizure or surrender of
dangerous drugs, plant sources of dangerous drugs, and controlled precursors and essential
chemicals.

SECTION TWENTY-THREE: PLEA-BARGAINING PROVISION

Any person charged under any provision of this Act regardless of the imposable penalty
shall not be allowed to avail of the provision on plea-bargaining.

SECTION TWENTY-FOUR: NON-APPLICABILITY OF THE PROBATION LAW FOR

DRUG TRAFFICKERS AND PUSHERS

Any person convicted for drug trafficking or pushing under this Act, regardless of the
penalty imposed by the Court, cannot avail of the privilege granted by the Probation Law or
Presidential Decree No. 968, as amended.

SECTION TWENTY-FIVE: QUALIFYING AGGRAVATING CIRCUMSTANCES IN

THE COMMISSION OF A CRIME BY AN OFFENDER UNDER THE INFLUENCE OF
DANGEROUS DRUGS

Notwithstanding the provisions of any law to the contrary, a positive finding for the use
of dangerous drugs shall be a qualifying aggravating circumstance in the commission of a crime
by an offender, and the application of the penalty provided for in the Revised Penal Code shall
be applicable.

SECTION TWENTY-SIX: ATTEMPT OR CONSPIRACY

Any attempt or conspiracy to commit the following unlawful acts shall be penalized by
the same penalty prescribed for the commission of the same as provided under this Act:

Importation of any dangerous drug and/or controlled precursor and essential

chemical.
Sale, trading, administration, dispensation, delivery, distribution and transportation of
any dangerous drug and/or controlled precursor and essential chemical.
Maintenance of a den, dive or resort where any dangerous drug is used in any form.
Manufacture of any dangerous drug and/or controlled precursor and essential
chemical.
Cultivation or culture of plants which are sources of dangerous drugs.
SECTION TWENTY-SEVEN: CRIMINAL LIABILITY OF A PUBLIC OFFICER OR
EMPLOYEE FOR MISAPPROPRIATION, MISAPPLICATION OR FAILURE TO
ACCOUNT FOR THE CONFISCATED, SEIZED AND/OR SURRENDERED
DANGEROUS DRUGS, PLANT SOURCES OF DANGEROUS DRUGS, CONTROLLED
PRECURSORS AND ESSENTIAL CHEMICALS, INSTRUMENTS/PARAPHERNALIA
AND/OR LABORATORY EQUIPMENT INCLUDING THE PROCEEDS OR
PROPERTIES OBTAINED FROM THE UNLAWFUL ACT COMMITTED

The penalty of life imprisonment to death and a fine ranging from Five hundred thousand
pesos (P500,000.00) to Ten million pesos (P10,000,000.00), in addition to absolute perpetual
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
dangerous drugs, plant sources of dangerous drugs, controlled precursors and essential
chemicals, instruments/paraphernalia and/or laboratory equipment including the proceeds or
properties obtained from the unlawful acts as provided for in this Act.

Any elective local or national official found to have benefited from the proceeds of the
trafficking of dangerous drugs as prescribed in this Act, or have received any financial or
material contributions or donations from natural or juridical persons found guilty of trafficking
dangerous drugs as prescribed in this Act, shall be removed from office and perpetually
disqualified from holding any elective or appointive positions in the government, its divisions,
subdivisions, and intermediaries, including government-owned or –controlled corporations.

SECTION TWENTY-EIGHT: CRIMINAL LIABILITY OF GOVERNMENT

OFFICIALS AND EMPLOYEES

The maximum penalties of the unlawful acts provided for in this Act shall be imposed, in
addition to absolute perpetual disqualification from any public office, if those found guilty of
such unlawful acts are government officials and employees.

SECTION TWENTY-NINE: CRIMINAL LIABILITY FOR PLANTING OF EVIDENCE

Any person who is found guilty of "planting" any dangerous drug and/or controlled
precursor and essential chemical, regardless of quantity and purity, shall suffer the penalty of
death.
SECTION THIRTY: CRIMINAL LIABILITY OF OFFICERS OF PARTNERSHIPS,
CORPORATIONS, ASSOCIATIONS OR OTHER JURIDICAL ENTITIES

In case any violation of this Act is committed by a partnership, corporation, association

or any juridical entity, the partner, president, director, manager, trustee, estate administrator, or
officer who consents to or knowingly tolerates such violation shall be held criminally liable as a
co-principal.

The penalty provided for the offense under this Act shall be imposed upon the partner,
president, director, manager, trustee, estate administrator, or officer who knowingly authorizes,
tolerates or consents to the use of a vehicle, vessel, aircraft, equipment or other facility, as an
instrument in the importation, sale, trading, administration, dispensation, delivery, distribution,
transportation or manufacture of dangerous drugs, or chemical diversion, if such vehicle, vessel,
aircraft, equipment or other instrument is owned by or under the control or supervision of the
partnership, corporation, association or juridical entity to which they are affiliated.

SECTION THIRTY-ONE ADDITIONAL PENALTY IF OFFENDER IS AN ALIEN

In addition to the penalties prescribed in the unlawful act committed, any alien who
violates such provisions of this Act shall, after service of sentence, be deported
immediately without further proceedings, unless the penalty is death.

SECTION THIRTY-TWO: LIABILITY TO A PERSON VIOLATING ANY

REGULATION ISSUED BY THE BOARD

The penalty of imprisonment ranging from six (6) months and one (1) day to four (4) years and a
fine ranging from Ten thousand pesos (P10,000.00) to Fifty thousand pesos (P50,000.00) shall
be imposed upon any person found violating any regulation duly issued by the Board pursuant to
this Act, in addition to the administrative sanctions imposed by the Board.

SECTION THIRTY-THREE: IMMUNITY FROM PROSECUTION AND PUNISHMENT

Notwithstanding the provisions of Section 17, Rule 119 of the Revised Rules of Criminal
Procedure and the provisions of Republic Act No. 6981 or the Witness Protection, Security and
Benefit Act of 1991, any person who has violated Sections 7, 11, 12, 14, 15, and 19, Article II of
this Act, who voluntarily gives information about any violation of Sections 4, 5, 6, 8, 10, 13, and
16, Article II of this Act as well as any violation of the offenses mentioned if committed by a
drug syndicate, or any information leading to the whereabouts, identities and arrest of all or any
of the members thereof; and who willingly testifies against such persons as described above,
shall be exempted from prosecution or punishment for the offense with reference to which
his/her information of testimony were given, and may plead or prove the giving of such
information and testimony in bar of such prosecution: Provided, That the following conditions
concur:
The information and testimony are necessary for the conviction of the persons
described above.
Such information and testimony are not yet in the possession of the State. Such
information and testimony can be corroborated on its material points. The
informant or witness has not been previously convicted of a crime involving
moral turpitude, except when there is no other direct evidence available for the State
other than the information and testimony of said informant or witness.
The informant or witness shall strictly and faithfully comply without delay, any
condition or undertaking, reduced into writing, lawfully imposed by the State as
further consideration for the grant of immunity from prosecution and punishment.

Provided, further, that this immunity may be enjoyed by such informant or witness who
does not appear to be most guilty for the offense with reference to which his/her information or
testimony were given: Provided, finally, that there is no direct evidence available for the State
except for the information and testimony of the said informant or witness.
SECTION THIRTY-FOUR: TERMINATION OF THE GRANT OF IMMUNITY

The immunity granted to the informant or witness, as prescribed in Section 33 of this Act,
shall not attach should it turn out subsequently that the information and/or testimony is false,
malicious or made only for the purpose of harassing, molesting or in any way prejudicing the
persons described in the preceding Section against whom such information or testimony is
directed against. In such case, the informant or witness shall be subject to prosecution and the
enjoyment of all rights and benefits previously accorded him under this Act or any other law,
decree or order shall be deemed terminated.

In case an informant or witness under this Act fails or refuses to testify without just
cause, and when lawfully obliged to do so, or should he/she violate any condition accompanying
such immunity as provided above, his/her immunity shall be removed and he/she shall likewise
be subject to contempt and/or criminal prosecution, as the case may be, and the enjoyment of all
rights and benefits previously accorded him under this Act or in any other law, decree or order
shall be deemed terminated.

In case the informant or witness referred to under this Act falls under the applicability of
this Section hereof, such individual cannot avail of the provisions under Article VIII of this Act.

SECTION THIRTY-FIVE: ACCESSORY PENALTIES

A person convicted under this Act shall be disqualified to exercise his/her civil rights
such as but not limited to, the rights of parental authority or guardianship, either as to the person
or property of any ward, the rights to dispose of such property by any act or any conveyance
inter vivos, and political rights such as but not limited to, the right to vote and be voted for.
Such rights shall also be suspended during the pendency of an appeal from such conviction.
SECTION THIRTY-SIX: AUTHORIZED DRUG TESTING

Authorized drug testing shall be done by any government forensic laboratories or by any
of the drug testing laboratories accredited and monitored by the DOH to safeguard the quality of
test results. The DOH shall take steps in setting the price of the drug test with DOH accredited
drug testing centers to further reduce the cost of such drug test. The drug testing shall employ,
among others, two (2) testing methods, the screening test which will determine the positive result
as well as the type of the drug used and the confirmatory test which will confirm a positive
screening test. Drug test certificates issued by accredited drug testing centers shall be valid for a
one-year period from the date of issue which may be used for other purposes. The following
shall be subjected to undergo drug testing:

Applicants for driver's license. – No driver's license shall be issued or renewed to any
person unless he/she presents a certification that he/she has undergone a mandatory drug
test and indicating thereon that he/she is free from the use of dangerous drugs.
Applicants for firearm's license and for permit to carry firearms outside of residence. –
All applicants for firearm's license and permit to carry firearms outside of residence
shall undergo a mandatory drug test to ensure that they are free from the use of
dangerous drugs: Provided, that all persons who by the nature of their profession
carry firearms shall undergo drug testing.
Students of secondary and tertiary schools. – Students of secondary and tertiary
 schools shall, pursuant to the related rules and regulations as contained in the school's
student handbook and with notice to the parents, undergo a random drug
testing: Provided, that all drug testing expenses whether in public or private schools
under this Section will be borne by the government.
Officers and employees of public and private offices. – Officers and employees of
public and private offices, whether domestic or overseas, shall be subjected to
undergo a random drug test as contained in the company's work rules and regulations,
which shall be borne by the employer, for purposes of reducing the risk in the
workplace. Any officer or employee found positive for use of dangerous drugs shall
be dealt with administratively which shall be a ground for suspension or termination,
subject to the provisions of Article 282 of the Labor Code and pertinent provisions of
the Civil Service Law.
Officers and members of the military, police and other law enforcement agencies. –
Officers and members of the military, police and other law enforcement agencies
shall undergo an annual mandatory drug test.
All persons charged before the prosecutor's office with a criminal offense having an
imposable penalty of imprisonment of not less than six (6) years and one (1) day shall
have to undergo a mandatory drug test.
All candidates for public office whether appointed or elected both in the national or
local government shall undergo a mandatory drug test.

In addition to the above stated penalties in this Section, those found to be positive for
dangerous drugs use shall be subject to the provisions of Section 15 of this Act.
SECTION THIRTY-SEVEN: ISSUANCE OF FALSE OR FRAUDULENT DRUG TEST
RESULTS

Any person authorized, licensed or accredited under this Act and its implementing rules
to conduct drug examination or test, who issues false or fraudulent drug test results knowingly,
willfully or through gross negligence, shall suffer the penalty of imprisonment ranging from six
(6) years and one (1) day to twelve (12) years and a fine ranging from One hundred thousand
pesos (P100,000.00) to Five hundred thousand pesos (P500,000.00).

An additional penalty shall be imposed through the revocation of the license to practice
his/her profession in case of a practitioner, and the closure of the drug testing center.

SECTION THIRTY-EIGHT: LABORATORY EXAMINATION OR TEST ON

APPREHENDED/ARRESTED OFFENDERS

Subject to Section 15 of this Act, any person apprehended or arrested for violating the
provisions of this Act shall be subjected to screening laboratory examination or test within
twenty-four (24) hours, if the apprehending or arresting officer has reasonable ground to believe
that the person apprehended or arrested, on account of physical signs or symptoms or other
visible or outward manifestation, is under the influence of dangerous drugs. If found to be
positive, the results of the screening laboratory examination or test shall be challenged within
fifteen (15) days after receipt of the result through a confirmatory test conducted in any
accredited analytical laboratory equipment with a gas chromatograph/mass spectrometry
equipment or some such modern and accepted method, if confirmed the same shall be prima
facie evidence that such person has used dangerous drugs, which is without prejudice for the
prosecution for other violations of the provisions of this Act: Provided, That a positive screening
laboratory test must be confirmed for it to be valid in a court of law.

SECTION THIRTY-NINE: ACCREDITATION OF DRUG TESTING CENTERS AND

PHYSICIANS

The DOH shall be tasked to license and accredit drug testing centers in each province and
city in order to assure their capacity, competence, integrity and stability to conduct the laboratory
examinations and tests provided in this Article and appoint such technical and other personnel as
may be necessary for the effective implementation of this provision. The DOH shall also accredit
physicians who shall conduct the drug dependency examination of a drug dependent as well as
the aftercare and follow-up program for the said drug dependent. There shall be a control
regulations, licensing and accreditation division under the supervision of the DOH for this
purpose.

For this purpose, the DOH shall establish, operate and maintain drug testing centers in
government hospitals, which must be provided at least with basic technologically advanced
equipment and materials, in order to conduct the laboratory examination and tests herein
provided, and appoint such qualified and duly trained technical and other personnel as may be
necessary for the effective implementation of this provision.

SECTION FORTY: RECORDS REQUIRED FOR TRANSACTIONS ON DANGEROUS

DRUG AND PRECURSORS AND ESSENTIAL CHEMICALS

Every pharmacist dealing in dangerous drugs and/or controlled precursors and

essential chemicals shall maintain and keep an original record of sales, purchases,
acquisitions and deliveries of dangerous drugs, indicating therein the following
information:

❖ License number and address of the pharmacist.

❖ Name, address and license of the manufacturer, importer or wholesaler from

whom the dangerous drugs have been purchased.
❖ Quantity and name of the dangerous drugs purchased or acquired.

❖ Date of acquisition or purchase.

❖ Name, address and community tax certificate number of the buyer.

❖ Serial number of the prescription and the name of the physician, dentist,
veterinarian or practitioner issuing the same.
❖ Quantity and name of the dangerous drugs sold or delivered.

❖ Date of sale or delivery.

 A certified true copy of such record covering a period of six (6) months, duly signed by the
pharmacist or the owner of the drugstore, pharmacy or chemical establishment, shall be
forwarded to the Board within fifteen (15) days following the last day of June and December of
each year, with a copy thereof furnished the city or municipal health officer concerned.

A physician, dentist, veterinarian or practitioner authorized to prescribe any dangerous

drug shall issue the prescription therefor in one (1) original and two (2) duplicate
copies. The original, after the prescription has been filled, shall be retained by the
pharmacist for a period of one (1) year from the date of sale or delivery of such drug.
One (1) copy shall be retained by the buyer or by the person to whom the drug is
delivered until such drug is consumed, while the second copy shall be retained by the
person issuing the prescription.

For purposes of this Act, all prescriptions issued by physicians, dentists, veterinarians or
practitioners shall be written on forms exclusively issued by and obtainable from the DOH. Such
forms shall be made of a special kind of paper and shall be distributed in such quantities and
contain such information and other data as the DOH may, by rules and regulations, require. Such
forms shall only be issued by the DOH through its authorized employees to licensed physicians,
dentists, veterinarians and practitioners in such quantities as the Board may authorize. In
emergency cases, however, as the Board may specify in the public interest, a prescription need
not be accomplished on such forms. The prescribing physician, dentist, veterinarian or
practitioner shall, within three (3) days after issuing such prescription, inform the DOH of the
same in writing. No prescription once served by the drugstore or pharmacy be reused nor any
prescription once issued be refilled.
(c) All manufacturers, wholesalers, distributors, importers, dealers and retailers of dangerous
drugs and/or controlled precursors and essential chemicals shall keep a record of all inventories,
sales, purchases, acquisitions and deliveries of the same as well as the names, addresses and
licenses of the persons from whom such items were purchased or acquired or to whom such
items were sold or delivered, the name and quantity of the same and the date of the transactions.
Such records may be subjected anytime for review by the Board.