Mod 9 Sec 31-Article VIII

• Immunity from Prosecution and Punishment


  If a person who 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; committed by a drug syndicate
• Conditions for immunity


  • Information and testimony are necessary for the conviction of person
  • Such information and testimony are not yet in possession of the State
  • Information and testimony can be corroborated on its material points
  • Informant or witness has not been previously convicted of a crime involving moral turpitude - except when there is no other direct evidence than the information and testimony of the said witness
  • Informant or witness shall strictly and faithfully comply without delay
• Accessory Penalties


  Person convicted under this Act shall be disqualified to exercise his/her civil rights: rights of parental authority, rights of guardianship to a person or property, rights to dispose of such property, political rights (right to vote and be voted for)
• Authorized Drug Testing


  Done by any government forensic laboratories or by any drug testing laboratories accredited and monitored by the DOH (to safeguard quality of results)
• Persons required to undergo drug testing


  • Applicants for driver's license
  • Applicants for firearms license and for permit to carry firearms outside of residence
  • Students of secondary and tertiary schools
  • Officers and employees of public and private offices
  • Officers and members of the military, police, and other enforcement agencies
  • All persons charged before the prosecutor's office with a criminal offense having imposable penalty of imprisonment of not less than 6 yrs and 1 day
  • All candidates for public office - whether appointed or elected (local or national government)
• Penalties for those who tested positive


  First offense: minimum of 6 months rehabilitation

  Second offense: Imprisonment of 6 yrs and 1 day to 12 yrs

  Fine ranging from 50k to 200k pesos
• Voluntary Submission of a Drug Dependent to Confinement, Treatment and Rehabilitation

  Drug dependent or any person who violates Section 15 (Use of dangerous drugs) can apply to the Board or duly recognized representative for treatment and rehabilitation for drug dependency
• Conditions for exemption from criminal liability under the Voluntary Submission Program

  • Complied with the rules and regulations of the Center, and of the Board including after-care and follow-up program for at least 18 months following temporary discharge from confinement
  • Has never been charged or convicted of any offense punishable under this Act
  • No record of escape from the Center
  • Poses no serious danger to himself, his family, or community by his exemption from criminal liability
• Temporary Release from the Center After-care and Follow-up Treatment under the Voluntary Submission Program

  1. Drug dependent must report to the DOH for after-care and follow-up treatment, including urine testing for a period of not exceeding 18 months

  2. After this period, if the drug dependent is certified to be rehabilitated, he may be discharged by the Court

  3. If DOH finds that the drug dependent requires further treatment and rehabilitation in the Center, he shall be recommitted to the Center for confinement
• Probation and Community Service under the Voluntary Submission Program


  Drug dependent who is discharged as rehabilitated by the DOH-Accredited center but does not qualify for exemption from criminal liability shall be placed on probation and undergo a community service in lieu of imprisonment and/or fine in the discretion of the court
• Filing of Charges Against a Drug Dependent who is not Rehabilitated under Voluntary Submission Program


  1. Drug dependent not rehabilitated after the second commitment to the Center under the Voluntary Submission Program shall be charged for violation of Section 15 of this Act

  2. If convicted, he shall be credited for the period of confinement and rehabilitation in the Center in the service of his sentence
• Escape and Recommitment for Confinement and Rehabilitation under the Voluntary Submission Program

  1. Drug dependent under VSP escape from the center, he may submit himself for recommitment within 1 week, his parent, spouse, guardian or relative within the fourth degree of consanguinity or affinity may surrender him for recommitment

  2. Escapee fail to submit himself after 1 week, the Board shall apply to the Court a recommitment order

  3. If escaped for the second time, he shall be charged for violation of Section 15 under this Act
• Confidentiality of Records Under the Voluntary Submission Program


  Judicial and medical records of drug dependents under VSP shall be confidential and shall not be used against him for any purpose, except to determine how many times by himself or through his parents, spouse, guardian, relative has voluntarily submitted him for confinement, treatment and rehabilitation or has been committed to a Center under this program
• Compulsory Confinement of a Drug Dependent who Refuses to Apply under the VSP

  1. Petition for confinement may be filed by any person authorized by the Board with the RTC of the province or city where such person is found

  2. The Court shall order the drug dependent to be examined by 2 physicians accredited by the Board

  3. If both physicians conclude person is not drug dependent, discharge

  4. If either of the physicians find him to be drug dependent, Hearing

  5. If both physicians finds him a drug dependent, issue an order for commitment to a treatment and rehabilitation center under the supervision of the DOH
• Compulsory Submission of a Drug Dependent Charged with an Offense to Treatment and Rehabilitation

  1. If person is charged with an offense and imposable penalty is imprisonment of less than 6 yrs and 1 day, found to be drug dependent, the proceedings shall be suspended and transmit copies of the records of the case to the Board

  2. If Board determines that public interest requires that such drug dependent be committed to a center, shall file a petition for commitment

  3. The Center shall submit to the court every 4 months or as often as the court may require, a written report on the progress

  4. If dependent is rehabilitated, he shall be returned to the Court
• Prescription of the Offense Charged Against a Drug Dependent Under the Compulsory Submission Program (EXPIRY)

  The period of prescription of the offense charged against a drug dependent under compulsory submission program shall be suspended during the period of confinement and rehabilitation
• Compulsory Submission of a Drug Dependent Charged with an Offense to Treatment and Rehabilitation

  1. Find drug dependent

  2. Issue order for commitment to treatment and rehabilitation center under DOH supervision

  3. Order of discharge or confinement issued within 15 days of filing petition
• If person is charged with an offense and imposable penalty is imprisonment of less than 6 yrs and 1 day, found to be drug dependent, the proceedings shall be suspended and transmit copies of the records of the case to the Board
• Commitment of Drug Dependent to Treatment Center

  1. Board determines public interest requires commitment

  2. Board files petition for commitment

  3. Center submits progress reports to court every 4 months

  4. If rehabilitated, returned to court
• The period of prescription of the offense charged against a drug dependent under compulsory submission program shall not run during the time when the drug dependent is under confinement in a Center
• After 2 recommitments, and drug dependent has escaped again, he shall no longer be exempt from criminal liability for use of any dangerous drug
• Temporary Discharge of Drug Dependent

  Court orders release on condition to report to Board through DOH for after-care and follow-up treatment for up to 18 months
• If fully discharged from confinement, shall be exempt from criminal liability
• If not rehabilitated after 2nd commitment, the drug dependent must suffer same penalties provided under Section 15
• Confidentiality of Records


  • Records of rehabilitated drug dependent covered by Section 60
  • Records of non-rehabilitated or escaped drug dependent forwarded to court, use determined by court
• It is the duty of the provincial or city prosecutor to prepare the appropriate petition in all proceedings arising from this Act
• Suspension of Sentence for a First-Time Minor Offender

  1. Accused over 15, not more than 18 at time of judgement

  2. Not previously convicted under this Act

  3. Not previously committed to center or DOH-accredited physician

  4. Board favorably recommends sentence suspension

  5. Under supervision and rehabilitative surveillance of Board for 6-18 months

  6. May be committed to center for at least 6 months with after-care and follow-up program for not more than 18 months
• Discharge After Compliance with Conditions of Suspended Sentence of a First-Time Minor Offender

  1. Court discharges accused and dismisses all proceedings upon favorable Board recommendation

  2. Court orders expungement of all official records except confidential DOJ record
• Privilege of suspended sentence shall be availed of only once by an accused drug dependent
• Promulgation of Sentence for First-Time Minor Offender

  If accused violates suspended sentence conditions, court pronounces judgement of conviction and accused serves sentence
• Probation or Community Service for a First-Time Minor Offender in Lieu of Imprisonment

  1. Court may place accused on probation or impose community service

  2. Probation supervised by DOH, Board of Pardons and Parole, and Probation Administration

  3. Community service conditions determined by court, Board reports on compliance
• The period spent in the Center during the suspended sentence shall be deducted from the sentence to be served
• The DOJ shall keep a confidential record of the proceedings on suspension of sentence; shall not be used for any other purpose other than to determine whether the person accused is a first-time minor offender or not
• Person who reveals contents of confidential records to unauthorized persons faces imprisonment of 6 months and 1 day to 6 yrs, a fine of 1k to 6k pesos, and absolute perpetual disqualification from any public office (if a govt official/employee)
• Parent, Spouse, or Guardian (without valid reason) who refuses to cooperate with the Board or any concerned agency for the treatment and rehabilitation of a drug dependent who is a minor may be held in Contempt of Court
• The parent, spouse, guardian or any relative within the fourth degree of consanguinity of any person who is confined (whether voluntary or compulsory) shall be charged a certain percentage of the cost of treatment and rehabilitation, taking into consideration the economic status of the family
• Duties and Responsibilities of DOH

  1. Oversee and monitor integration, coordination and supervision of all drug rehabilitation, intervention, after-care and follow-up programs, projects and activities

  2. License, accredit, establish and maintain drug test network and laboratory; and initiate, conduct, and support scientific research on drugs and drug control

  3. Encourage, assist and accredit private centers setting minimum standards

  4. Prescribe and promulgate rules and regulations governing establishment of such centers

  5. Order closure of center for treatment and rehabilitation of drug dependency when found guilty of violating provisions

  6. Charge reasonable fees for drug dependency examinations, other medical and legal services