FINALS Flashcards
symbolizes the continuous involvement where practice and education must always be integrated
Circle
is the trilogy of love, respect and integrity
Triangle
symbolizes the science of medical technology profession
microscope and snake
the color of health
green
the year of the first PAMET
1964
____________ organized PAMET on September 15, 1963 at Public Health Laboratory
Crisanto G. Almario
__________ first national convention at FEU
September 20, 1964
● A few days before the declaration of martial law, Marcos declared the ____________ as a celebration of
the medical technology profession
third week of december
is the strict adherence to a moral code, reflected in transparent, honesty, truthfulness
Integrity
refers to the positive traits and values, more responsibility, social responsiveness
Professionalism
is the conditional unwavering and selfless dedication
Commitment
is the high quality performance by advocating and adhering to international standards
Excellence
is the necessary linkage, support, involvement and sharing that will increase success
Unity
5 core values of mt laws
IPCEU
________ is very basic
Law
→ The mother of all laws in a particular country, in a partcular
state is what we call the _________
constitution
→ The constitution is defined as _____________ it is the basic law of the land. In the law from all laws
should follow
the fundamental law of the
land;
_________is a republican and democratic state or
country, because it is a democratic and republican state they
have three branches of the government
Philippines
- executes the law
Executive
makes the law
Legislative
- interprets the law
Judiciary
We have two branches of the legislative, the upper house or
the house of senate the lower of house or the house of
representatives these two houses are called _________
congress
_________ is composed of senators elected by
the people
house of senate
s is composed of the members
of the house of representatives or the congressman that we
call
house of representatives
→ Consolidated bills will now be transmitted to the president for
signature, if the president will sign the bill it becomes a law.
After publication it becomes effective but if the president will
not sign the law or sent to provision we call it the power of
the president, the power to veto or the _____________
power of veto of the
president
___________ is considered as a system of rules, regulations, and
enforced by the government
Law
___________ it is a system of rules and regulations made by a government
that regulate the conduct of the people within a society
Law
→ There is no crime, if there is no law punishing it
→ The law maybe harsh, but that is the law
Latin maxim: nulla poena sine lege non excusat
→ harsh is the law, but that is the law
● dura lex sed lex
→ Ignorance of the law excuses no one from compliance therewith
Ignorantia juris non excusat or Ignorantia legis neminem
excusat
He who alleges must prove
● Allegata et probata
● An Act Requiring the Registration of Medical Technologist,
Defining their Practice, and for other Purposes
5527
● This Act may be also cited as the Philippine Medical
Technology Act of __________
1969
A person shall be
deemed to be in the practice of medical technology within
the meaning of this Act, who shall for a fee, salary or
other compensation or reward paid or given directly or
indirectly through another, renders any of the following
professional services for the purpose of aiding the
physician in the diagnosis, study and treatment of
diseases and in the promotion of health in general:
Practice of Medical Technology
A duly registered physician who is specially
trained in methods of laboratory medicine, or the gross and
microscopic study and interpretation of tissues, secretion and
excretions of the human body and its functions in order to
diagnose disease, follow its course, determine the effectivity
Pathologist
A person who engages in the
work of medical technology under the supervision of a
pathologist or licensed physician authorized by the
Department of Health in places where there is no pathologist
and who having passed the prescribed course (Bachelor of
Science in Medical Technology/Bachelor of Science in
Hygiene) of training and examination is registered under the
provision of this Act
. Medical Technologist
- A person certified and
registered with the Board as qualified to assist a medical
technologist and/or qualified pathologist in the practice of
medical technology as defined in this Act
Medical Laboratory Technicians
A clinical laboratory, office, agency, clinic, hospital or
sanitarium duly approved by the Department of Health2 or its
authorized agency.
Accredited Medical Technology Training Laboratory
Any
school, college, or university which offers a course in Medical
Technology approved by the Department of Education in
accordance with the requirements under this Act, upon
recommendation of the council of medical technology
education.
Recognized School of Medical Technology
The council of medical technology education
established under this Act
Council
The Board of Examiners for Medical Technology
established under this Act.
. Board
▪ Chairman
▪ Chairman of the Professional Regulation Commission as
Vice-Chairman
▪ Director of the Bureau of Research and Laboratories of
the Department of Health
▪ The Chairman and two (2) members of the Board of
Medical Technology
▪ A representative of the Deans of Schools of Medical
Technology and Public Health
▪ The Presidents of the Philippine Society of Pathologists
▪ The Philippine Association of Medical Technologists, as
members
sECTION 3
In section 4
Chairman
Members
P50.00
P25.00
refers to any natural juridical person,
government instrumentalities/agencies, partnership,
corporation or agency seeking a license to operate and
maintain a clinical laboratory.
Applicant —
the checklist which prescribes the
minimum standards and requirements for licensure of
clinical laboratory
Assessment Tool
a facility that is involved in
the (a) pre-analytical, (b) analytical, and (c)
post-analytical procedures, where tests are done on
specimens from the human body to obtain information
about the health status of a patient for the prevention,
diagnosis and treatment of diseases.
. Clinical Laboratory (CL)
— a formal authorization issued by the DOH to an
individual, partnership, corporation, association or any
government agency/unit seeking to perform laboratory
tests in compliance with the requirements prescribed in
this Order.
Department of Health - License to Operate (DOH-LTO)
— a permit issued by DOH through HFSRB
or Center for Health Development-Regulation, Licensing
and Enforcement Division (CHD-RLED) to an applicant
who will establish and operate a hospital or other health
facility, upon compliance with required documents prior to
the actual construction of the said facility
Department of Health - Permit to Construct
(DOH-PTC)
— a
program where participating CL are given unknown
samples for analysis. These samples should be treated
as ordinary human specimens for the usual processing
and examination. The quality of performance of the CL
shall be assessed through the closeness of its results to
the pre-determined value or reference value generated
by the participating CL through peer group analysis
External Quality Assessment Program (EQAP
refer to applications by newly
constructed health facilities, or those with changes in the
circumstances of the facility, such as, but not limited to,
change of ownership, transfer of site, increase in beds or
for additional services beyond their service capability and
major alterations or renovations
Initial Application
a laboratory
testing unit capable of performing limited CL diagnostic
procedures. It moves from one testing site to another,
and it has a DOH-licensed CL as its main laboratory.
Mobile Clinical Laboratory (MCL
an EQAP activity conducted by the National
Reference Laboratories to assess the quality of
performance and accuracy of the results of laboratories.
- an act that is done nationwide
National External Quality Assessment Scheme
(NEQAS)
the highest
level of laboratory in the country performing highly
complex procedures, including confirmatory testing, that
is not commonly performed by the lower level of
laboratory. It is the responsible entity for facilitating
NEQAS to ensure compliance to quality standards for
regulation and licensing ofall laboratories in the
Philippines.
National Reference Laboratory (NRL)
refers to a
doctor’s office/clinic wherein CL examinations are
performed for the purpose of monitoring the doctor’s
patients only, wherein NO official results shall be
issued. In this Order, POL within the premises of a
DOH-regulated facility shall be under the supervision of
the CL.
Physician’s Office Laboratory (POL)
refers to diagnostic
testing done at or near the site of patient care rather than in the CL. It may be in the emergency room, operating
suites, wards, and ambulances
Point of Care Testing (POCT)
refers to an
extension of the main CL located within the facility’s
compound or premises. It shall have the same service
capability as the main clinical laboratory
. Satellite Clinical Laboratory (SCL)
refers to CL tests that are either
sent-out or outsourced to other DOH licensed CL with the
same or higher service capability.
- when you sent a particular specimen to another
hospital having the same capability or higher
service capability
Referral Tests
classifies the different clinical laboratories
in different ways.
AO 2021-0037
Operated and maintained partially,
or wholly owned by the national
government, local government unit,
or any other political unit.
Government clinical laboratory
● Privately owned, established, and
operated by private individuals or
corporations from funds through
donation, principal investment, or
other means
Private clinical laboratory
● It is a clinical laboratory that is
located within the premises and
operates as part of a DOH liscence
health facility. Licensed health
facility is generally and usually
refers to hospitals
Institutioned based
● It is a clinical laboratory that is not
attached to any health facility.
● It is a stand alone clinical laboratory
Non-institution based
Deals with chemical analysis of
blood and other body fluids.
● Clinical pathology are clinical
laboratories that performs regular
Clinical pathology clinical laboratory
Provides processing and
examination of surgical specimen
as to physical appearance,
microscopic structure of tissues,
and such as but not limited to
surgical pathology, cytopathology,
and others.
● Performs histopathological
techniques and procedures.
◆ Anatomic pathology clinical laboratory
Deals with analysis and testing of
genes, proteins, and other
molecules from the samples of
organs, tissues, and body fluids.
● High class than anatomical and
clinical pathology,
● Diagnose unordinary diseases that
can’t see with ordinary clinical
procedures
◆ Molecular pathology clinical laboratory
Clinical; laboratory for clinical and
anatomic pathology
○ Primary
○ Secondary
○ Tertiary
○ Limited
these are the tests that
they are limited to and are allowed to perform:
Urinalysis and Fecalysis, Fecal Occult Blood Test,
Pregnancy Test, Wet Smear for Trichomonas
For Clinical Microscopy
Fasting and Random Blood
Sugar, Oral Glucose Tolerance Test, Lipid Profile
(Total Cholesterol, HDL, LDL, Triglycerides),
Creatinine, Blood Urea Nitrogen, Blood Uric Acid
For Clinical Chemistry
Complete Blood Count
(Hemoglobin, Hematocrit, Red Blood Cell Count,
White Blood Cell Count with Differential Count,
Quantitative Platelet Count), Forward and Reverse
For Hematology
They can only perform
tests particular to Dengue, Syphilis, Hepatitis B
(Screening), HIV (Screening), Using Rapid Test Kits
For Serology/Immunology:
Tuberculosis or Nucleic Acid
Amplification Test only for government facilities
❖ In microbiology, if you are a private clinical
laboratory, you cannot perform TB or Nucleic
Acid Amplification Test because this is only for
the government, for primary clinical laboratory,
government-owned
➔ For Microbiology
Primary Clinical Laboratory (5)
Clinical microscopy
Clinical chemistry
Hematology
Serology/immunology
Microbiology
CCHSM
Secondary clinical laboratory (5)
Clinical chemistry
Hematology
Serology/immunology
Microbiology
Anatomic pathology
CHSMA
● Tertiary Clinical Laboratory (4)
Clinical Chemistry
Serology/Immunology
Microbiology
Anatomic pathology
_____________ is required before one will receive
the license to operate. Permit to construct is not only
required for the construction of the building alone, rather it
is also needed for any renovation or expansion in the
existing clinical laboratory. More so, the permit to construct
is still required when there is a change of ownership in the
clinical laboratory.
permit to construct
Once you are issued with the permit to construct, the next
step you need to undertake is to get a _________
License to operate
We have to remember also that the license to operate is _________. The clinical laboratory that has been issued with
the license will only be the one that will be allowed to
operate. The license to operate is ____________
personal and not transferable
C. Certificate of Registration (COR)
- COR is required for research and teaching laboratories
. - Applicants shall submit an accomplished registration
form together with the necessary attachments to HFSRB,
which includes Annex for services. - The applicant shall be required to pay a non-refundable
application fee before submission of the requirements as part
of complete application. - The HFSRB shall evaluate and accept applications
based on the due execution of forms and completeness of
attachments
- If a clinical laboratory is intended for research and
teaching then they must get a COR from DOH
- Before submitting an application, the applicant must
first pay a non-refundable fee.
- COR is exclusively for research and teaching
laboratories only
i. 1st offense: ___________
ii. 2nd offense: ____________
iii. 3rd offense: _____________
iv. 4th offense: __________
stern warning
30,000
50,000
revocation of DOH-LTO
is/should be the head of a laboratory.
He/She shall be responsible for the operation of the
entire laboratory, personnel, functions, and data, all of
which shall meet quality assurance criteria and
regulatory requirements.
PAthologist
➔ In a clinical laboratory depending on how big it is, its
category, etc., there shall be a sufficient registered
full-time medical technologists that will be performing
laboratory procedure.
➔ These laboratories shall also have a staff
development and continuing education program for
the staff especially the registered medical
technologists so that they are updated.
➔ There shall be a designated Biosafety and Biosecurity
Officer in-charge primarily of the risk assessment of
the DOH licensed clinical laboratory.
❖ Usually, those who are designated are those
RMTs
● Registered Medical Technologist (RMT)
Other than RMTs, it shall also have a sufficient
number of laboratory technicians, laboratory aide,
encoders, and receptionists. Otherwise, the
operations in the clinical laboratory will be affected,
there will be errors in the laboratory results if for
example the number of personnel is insufficient.
● Support Staff
shall also have sufficient
number of personnel such as registered medical
technologists, laboratory technicians, support staff
such as driver
● Mobile Clinical Laboratory Personnel
➔ In a mobile clinical laboratory, the requirement of the
law is that the collection area (the area where a
specimen will be collected) shall be located within the
same region and at a maximum of one hundred (100)
kilometer radius from the address of the DOH
licensed clinical laboratory.
● Mobile Clinical Laboratory
is an extension of a main clinical
laboratory. It can collect specimens for tests that will be
conducted in the main clinical laboratory, provided that
these tests are provided within the license to operate the
main clinical laboratory
Mobile clinical laboratory
Mobile clinical lab (4)
Urinalysis
➔ Fecalysis
➔ Pregnancy test (lateral flow)
➔ Basic serologic tests using rapid test kits: dengue,
screening of hepatitis B, RPR/syphilis test, and HIV
UFPB
AN ACT PROMULGATING A COMPREHENSIVE POLICY
AND A NATIONAL SYSTEM FOR ENSURING NEWBORN
SCREENING
REPUBLIC ACT NO. 9288
9288 also known as ________
Newborn Screening Act of 2004.”
a formal authorization coming from
the DOH given to an individual, partnership, a
corporation or association and to the newborn
screening centers
Accreditation
refers to Department of Interior and Local
Government
. DILG
Department of Health that implements the
provisions of Newborn Screening Act
DOH
- refers to the monitoring of a newborn
with a heritable condition for the purpose of ensuring
that the newborn patient complies fully with the
medicine of dietary prescriptions.
Follow-Up
refers to hospitals, health
infirmaries, health centers, lying-in centers or
puericulture centers with obstetrical and pediatric
services, whether public or private
Health Institutions -
- refers to physicians,
nurses, midwives, nursing aides and traditional birth
attendants.
Healthcare Practitioner
- any condition that can result in
mental retardation, physical deformity or death if left
undetected and untreated and which is usually
inherited from the genes of either or both biological
parents of the newborn
. Heritable Condition
IRR
Implementing rules and regulation
LGU
Local Government Unit
______________ refers to
tertiary hospitals equipped to diagnose and manage
confirmed cases/heritable condition of a newborn
National Comprehensive Newborn Screening System Treatment network
NCNBSSTN
NIHP
National Institute of Health in the Philippines
________ - it is defined as a child from the time of
complete delivery to ________days old
Newborn - 30 days
_____________ refers to a process of
collecting a few drops of blood from the newborn onto
an appropriate collection card and performing
biochemical testing for determining if the newborn has
a heritable condition
Newborn Screening
_________ it is a facility equipped
with a newborn screening laboratory that complies
with the standards established by the NIH and
provides all required laboratory tests and
recall/follow-up programs for newborns with heritable
conditions
Newborn Screening Center
___________ ito yung ginagamit natin for newborn
screening. kit na siya, nandoon na lahat
Newborn Screening Specimen Collection Kit
NSSCK
Materials needed for newborn screening samples such as:
(3)
➔ filtered collection cards
➔ lancets
➔ information materials and etc.
FLI
One of the most important process in newborn screening
● is a procedure of locating a newborn with a positive
screening result from a positive heritable condition for the
purposes of providing that newborn with appropriate
laboratory testing to confirm the diagnosis and provide
treatment
Recall
after recall
● to give sufficient care in order to preven mental
retardation, deformity and death
● to determine if the child is given proper dietary prescription
and medical attention to its condition
FOLLOW-UP
provides a prompt, appropriate and adequate medicine,
medical and surgical management or dietary prescription
to a newborn for purposes of treating or mitigating the
adverse health consequences of heritable conditions or to
lessen the condition.
Treatment
a system composed of several groups and coordinate with
each other for the purpose to save newborn with heritable
conditions, prevent, and for early detection
● Information dissemination particularly on the importance of
the newborn screening tests
NATIONAL COMPREHENSIVE NEWBORN
SCREENING SYSTEM
NCNSS
the four system (National Comprehensive Newborn
Screening System):
➔ Information Education Dissemination (IED)
➔ Collection of Blood from Newborn
➔ Tracking
➔ Clinical Evaluation
ICTC
The actual Newborn screening shall be performed after
the _________ of life but not later than _________from the
complete delivery
ESTRELLA 28:04-42:05
24 hrs and 3 days
___________ can only be
performed or shall only be performed by trained health
workers such as physicians, medial technologists, nurses,
and mid wives.
COLLECTION OF SAMPLES
● Main Disorders
○ Congenital Hypothyroidism
○ Congenital Adrenal Hyperplasia
○ Phenylketonuria
○ Glucose-6-phosphate dehydrogenase
deficiency
○ Galactosemia
○ Maple Syrup Urine Disease
CCPGGM
● Expanded Disorders
○ Hemoglobinopathies
○ Additional Metabolic Disorders
○ Organic Acid Disorders
○ Fatty Acid Oxidation Disorders
○ Amino Acid Disorders
HAOFA
_______________ participation has something to do with requiring or
encouraging different local government units (LGU) such
as barangays, municipalities, cities, and provinces to
enact ordinances relating to newborn screening, to
encourage them to provide subsidies, as well as to help in
the location of the children or the recall for the newborn
The Department of Interior and Local Government’s
(DILG)
__________ is also involved in
information dissemination and they also participate in the recall, follow-up, treatment, as well as provide subsidies
for newborn screening fees.
The Local Government Unit (LGU)
__________ is required to package benefits for PhilHealth
members to newborn screening. For example, if you are a
PhilHealth member, these are the benefits that will be
shouldered by PhilHealth wherein fees for newborn
screening is already included. If the parent or guardian of
the newborn is not a member of PhilHealth, they are
required to shoulder the fees for newborn screening
PhilHealth
________will go to the DOH Regional Office
__________will go to the Newborn Screening Center, for human resource development, and equipment
maintenance and upgrading.
_________will also go to the National Institutes of Health
Philippines which oversees overall supervision,
training, continuing education, maintenance of
national database, quality assur
4%
In short, _______ will go to the Newborn Screening
Center but the _______ is specifically for human
resource development and equipment
maintenance and upgrading
92%
4%
____________ was also
mentioned. It is required to establish a newborn screening
reference center and that national newborn screening
reference center
National Institutes for Health Philippines
NIHP
Also known as “National Blood Services Act of
1994”
7719
Administrative Order
2008-0008 implements the RA 7719
Department of Health
Under RA 7719, there is a term called Act
ACT
means Authority to Operate
this is usually issued by the Regional Office
of the Department of Health to a Blood
Collection Unit or a Blood Station
ATO
it refers to Bureau of Health Facilities and
Services of the DOH
BHFS
- refers to human blood for transfusion
Blood
- refers to the whole blood to red
cells, granulocytes, plasma, platelets, cryoprecipitate
and cryosupernatant
. Blood Component
refers to Blood Service Facility
a unit or agency providing blood products.
The term BSF is a generic term. There are
different types of BSF and the following are
Blood Station, Blood Collection Unit, Hospital
Blood Bank & Blood Center
BSF
an organization composed
of designated blood centers, hospital blood banks and other health facilities established to provide for blood
needs of specific geographical area.
Blood Service Network
Center for Health Development / the regional
office of DOH
CHD
a hospital with a licensed clinical
laboratory capable of RBC typing, crossmatching and
it doesn’t have any blood service facility but it will
merely received blood & blood component or blood
transfusion as needed
End-User Hospital
- a
licensed/accredited non-hospital health facility without
a licensed clinical laboratory but which administers
blood· transfusion. (e.g. dialysis centers, birthing
clinic)
End User Non Hospital Health Facility
refers to External Quality Assessment which
is a standard assessment being done by the DOH
regularly
EQAS
➔ it is mandated under the law that all hospital
should have this type of committee. A
committee that focuses on all blood
transfusion that is done in the hospital
HBTC - hospital blood transfusion committee
➔ given to a blood bank or blood center. For
ATO, given to blood collection unit & blood
station
LTO
- refers
to a donor who gives blood freely and voluntarity
without receiving money or any form of payment.
. Voluntary Non-Remunerated Blood Donor
This Act shall be known as “National Blood
Services Act of 1994”
7719
refers to human
blood, processed or unprocessed and includes
blood components, its products and derivatives
. BLOOD/BLOOD PRODUCT
a laboratory or
institution with the capability to recruit and screen
blood donors, collect, process, store, transport
and issue blood for transfusion and provide
information and/ or education on blood
transfusion transmissible diseases
BLOOD BANK/CENTER
a blood bank that exists for profit;
COMMERCIAL BLOOD BANK
a blood bank
which is located within the premises of a hospital
and which can perform compatibility testing of
blood;
HOSPITAL-BASED BLOOD BANK
– an institution or
facility duly authorized by the Department of
Health to recruit and screen donors and collect
blood;
BLOOD COLLECTION UNIT
one who donates
blood on one’s own volition or initiative and
without monetary compensation;
VOLUNTARY BLOOD DONOR
– the Department of Health;
DEPARTMENT
diseases which may be transmitted
as a result of blood transfusion, including AIDS,
Hepatitis-B, Malaria and Syphilis
BLOOD TRANSFUSION TRANSMISSIBLE
DISEASES
the Secretary of
Health or any other person to whom the
Secretary delegates the responsibility of carrying
out the provisions of this Act; and
SECRETARY OF HEALTH
an individual included
in the list of qualified voluntary blood donors
referred to in Section 4, paragraph (e), who is
ready to donate blood when needed in his/her
community
WALKING BLOOD DONOR
two types of ownership
government and private
two types of institutional character
hospital-based blood service facility
hospital-based blood service facility
partially or wholly owned by the
government
Government
not owned by the government
- owned by private individuals,
corporation, partnership and etc.
- money is supported by private
individuals or private sectors
Private
connected or within the premises of
a licensed hospital
Hospital-based blood service facility
- could either be government owned
or Red Cross owned - located outside the premises of a
hospital - stand-alone facility, not connected
to any licensed hospital
Non hospital-based blood service facility
advocates, promotes voluntary
donation and healthy lifestyle
○ Blood Station
information education and
promotion of voluntary blood
donations
○ Blood Collection Unit
one place to another
mobile
within the facility
facility-based
provides information education dissemination,
campaign advocacy and promotion of voluntary blood
donation
BLOOD BANK
license, accredited or
approved facility for storing human bodies or parts thereof.
○ does not include blood (bloodbank)
Organ Bank Storage Facility
the deceased person
Decedent
- person who donates or makes a legacy of all or
only a part of his/her body
- refers to individuals specified under RA 7170
Donor
are the ones who prepared the
document (legacy) donating his/her body at
the time of his living. Donation would take
effect after his/her death
○ Testator
a hospital licensed, accredited or approved to
exist under the law
Hospital
an organ, tissue, eye, bone, arteries and other fluid
or portion of the human body that can be transplanted
Part
an individual, incorporation, estate, trust,
partnership, association, government and agencies
Person
licensed or authorized to practice
medine under the law
Physician/Surgeon
persons that are
specified under RA 7170
Immediate family of decedent
irreversible cessation, stoppage of obsculatory
and circulatory function of a person. it is also an
irreversible cessation of the entire function of the brain
including the brain stem
Death
Donor: (in a particular sequence
1.spouse
2. Son or daughter of legal
age
3. Parents of the decedent
4. Brother or sister of legal
age
5. Guardian over the
decedent at the time of his
death
recipients of the organs or the
body of the person donating his/her body
○ Legatee
recipient for the donated organs by
a person or an immediate family relative of
the decedent
Donee
- can be legatees or donees
- for medical or dental
education, - research advancements of
medical or dental science, - therapy and
transplantation
■ Hospital physician or Surgeons
- can be legatees or donees
- education, research,
advancements of medical
or dental science, - therapy
■ Accredited Medical or Dental
schools (colleges or universities)
- Medical or dental
education, research,
therapy or transplantation
Organ Bank Storage Facility
therapy or transplantation
needed by that specified
individual
Specified Individuals (under RA
7170)
2 qualifying
physicians should not be any of the following
Member of the team who will effect the
removal of organ from the body
❖ Physician attending to receipt of organs to be
removed
❖ Head of hospital or designated officer
authorizing removal of organs
made by the testator or donor in the
presence of two other persons or witnesses and
communicated to the legatee or donee
Oral statement
by the testator or donor to the effect that he
wants to amend or revoke the donation and at the
time of the terminal illness or injury, the statement is
addressed to the attending physician and that
statement should be communicated to the recipients
(legatee or donee) to that effect found on the person
or effects of testator or donor
A statement made during a terminal illness or
injury
– 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.
) Chemical Diversion.
Any facility used for the illegal manufacture of any dangerous drug and/or controlled
precursor and essential chemical
Clandestine Laboratory
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.
Confirmatory Test
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 Delivery
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 Ac
Controlled Precursors and Essential Chemicals. –
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
Cultivate or Culture
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
Dangerous Drugs
Any act of knowingly passing a dangerous drug to another, personally or otherwise, and by any means,
with or without consideration.
Deliver
– 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.
) Den, Dive or Resort
Any act of giving away, selling or distributing medicine or any dangerous drug with or without the
use of prescription.
) Dispense
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 Dependence
Any organized group of two (2) or more persons forming or joining together with the intention
of committing any offense prescribed under this Act
Drug Syndicate
– 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.
) Employee of Den, Dive or Resort.
Any person who pays for, raises or supplies money for, or underwrites any of the illegal activities
prescribed under this Act
Financier
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
Illegal Trafficking
Any thing that is used in or intended to be used in any manner in the commission of illegal drug
trafficking or related offenses.
Instrument
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, fermentors, separatory funnel, flask, heating mantle, gas
generator, or their substitute.
Laboratory Equipment.
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
Manufacture
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.
Cannabis or commonly known as “Marijuana” or “Indian Hemp” or by its any other name
Refers to the drug having such chemical composition, including any of its isomers or derivatives in any form.
Methylenedioxymethamphetamine (MDMA) or commonly known as “Ecstasy”, or by its any other name
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
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.
) Opium Poppy
Refers to the Philippine Drug Enforcement Agency under Section 82, Article IX of this Act.
PDEA
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.
person
– 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.
Planting of Evidence
– Any person who is a licensed physician, dentist, chemist, medical technologist, nurse, midwife,
veterinarian or pharmacist in the Philippines
Practitioner
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
) Protector/Coddler
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.
Pusher
– 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.
school
A rapid test performed to establish potential/presumptive positive result.
screening test
– Any act of giving away any dangerous drug and/or controlled precursor and essential chemical whether
for money or any other consideration
sell
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.
Trading
– 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
drug
k) Use
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
. Importation of Dangerous Drugs 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.
Sale, Trading, Administration, Dispensation, Delivery, Distribution and Transportation of Dangerous
Drugs 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 or group of persons who shall maintain a den, dive or resort where any dangerous drug is used or sold in
any form
Maintenance of a Den, Dive or Resort
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
Manufacture of 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, unless authorized by law, shall illegally divert any controlled precursor and essential chemical.
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 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.
Manufacture or Delivery of Equipment, Instrument, Apparatus, and Other Paraphernalia for Dangerous
Drugs 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 possess any dangerous drug in the following quantities, regardless of
the degree of purity thereof:
Possession of 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.
Possession of Equipment, Instrument, Apparatus and Other Paraphernalia for Dangerous Drugs.
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.
Possession of 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.
Possession of Equipment, Instrument, Apparatus and Other Paraphernalia for Dangerous Drugs During
Parties, Social Gatherings or Meetings
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
Use 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 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
. Cultivation or Culture of Plants Classified as Dangerous Drugs or are Sources Thereof
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.
Maintenance and Keeping of Original Records of Transactions on 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) 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.
. Unnecessary 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
. Unlawful Prescription of Dangerous Drugs.
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.
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
– 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
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
Equipmen
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.
Grant of Compensation, Reward and Award
– 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
Plea-Bargaining Provision.
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
Non-Applicability of the Probation Law for Drug Traffickers and Pushers
– 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
Qualifying Aggravating Circumstances in the Commission of a Crime by an Offender Under the
Influence 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), 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.
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 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
Criminal Liability of Government Officials and Employees
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
Criminal Liability for Planting of Evidence
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.
Criminal Liability of Officers of Partnerships, Corporations, Associations or Other Juridical Entities
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.
Liability to a Person Violating Any Regulation Issued by the Board
– 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:
. Immunity from Prosecution and Punishment.
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.
- Termination of the Grant of Immunity
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.
Accessory Penalties
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
Authorized Drug Testing
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)
Issuance of False or Fraudulent Drug Test Results
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
- Laboratory Examination or Test on Apprehended/Arrested Offenders
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 after-care 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.
Accreditation of Drug Testing Centers and Physicians
– The family being the basic unit of the Filipino society shall be primarily
responsible for the education and awareness of the members of the family on the ill effects of dangerous drugs and
close monitoring of family members who may be susceptible to drug abuse.
- Involvement of the Family
All elementary, secondary and tertiary schools’ student
councils and campus organizations shall include in their activities a program for the prevention of and deterrence in
the use of dangerous drugs, and referral for treatment and rehabilitation of students for drug dependence
- Student Councils and Campus Organizations
– Instruction on drug abuse prevention and control shall be integrated in the
elementary, secondary and tertiary curricula of all public and private schools, whether general, technical, vocational
or agro-industrial as well as in non-formal, informal and indigenous learning systems. Such instructions sha
. School Curricula
For the purpose of enforcing the provisions of Article II
of this Act, all school heads, supervisors and teachers shall be deemed persons in authority and, as such, are
hereby empowered to apprehend, arrest or cause the apprehension or arrest of any person who shall violate any of
the said provisions, pursuant to Section 5, Rule 113 of the Rules of Court. They shall be deemed persons in
authority if they are in the school or within its immediate vicinity, or even beyond such immediate vicinity if they are
in attendance at any school or class function in their official capacity as school heads, supervisors, and teachers
Heads, Supervisors, and Teachers of Schools.
s. – With the assistance of the Board, the
Secretary of the Department of Education (DepEd), the Chairman of the Commission on Higher Education (CHED)
and the Director-General of the Technical Education and Skills Development Authority (TESDA) shall cause the
development, publication and distribution of information and support educational materials on dangerous drugs to
the students, the faculty, the parents, and the communit
Publication and Distribution of Materials on Dangerous Drug
With the assistance of the Board, the Department of the Interior and
Local Government (DILG), the National Youth Commission (NYC), and the Department of Social Welfare and
Development (DSWD) shall establish in each of its provincial office a special education drug center for out-of-school
youth and street children. Such Center which shall be headed by the Provincial Social. Welfare Development Officer
shall sponsor drug prevention programs and activities and information campaigns with the end in view of educating
the out-of-school youth and street children regarding the pernicious effects of drug abuse. The programs initiated by
the Center shall likewise be adopted in all public and private orphanage and existing special centers for street
children
. Special Drug Education Center
It is deemed a policy of the State to promote drug-free workplaces using a
tripartite approach. With the assistance of the Board, the Department of Labor and Employment (DOLE) shall
develop, promote and implement a national drug abuse prevention program in the workplace to be adopted by
private companies with ten (10) or more employees. Such program shall include the mandatory drafting and
adoption of company policies against drug use in the workplace in close consultation and coordination with the
DOLE, labor and employer organizations, human resource development managers and other such private sector
organizations
Drug-Free Workplace
– The Board and the DOLE shall formulate
the necessary guidelines for the implementation of the national drug-free workplace program. The amount
necessary for the implementation of which shall be included in the annual General Appropriations Act.
Guidelines for the National Drug-Free Workplace Program
All labor unions, federations, associations, or
organizations in cooperation with the respective private sector partners shall include in their collective bargaining or
any similar agreements, joint continuing programs and information campaigns for the laborers similar to the
programs provided under Section 47 of this Act with the end in view of achieving a drug free workplace
Labor Organizations and the Private Sector
The labor sector and the respective partners may, in pursuit of the programs
mentioned in the preceding Section, secure the technical assistance, such as but not limited to, seminars and
information dissemination campaigns of the appropriate government and law enforcement agencies.
Government Assistance
–appropriate a substantial portion of
their respective annual budgets to assist in or enhance the enforcement of this Act giving priority to preventive or
educational programs and the rehabilitation or treatment of drug dependents
. Local Government Units’ Assistance
Any place or premises which have been used on two
or more occasions as the site of the unlawful sale or delivery of dangerous drugs may be declared to be a public
nuisance, and such nuisance may be abated, pursuant to the following procedures:
Abatement of Drug Related Public Nuisances
If the Board declares a place or premises to be a public nuisance, it may
declare an order immediately prohibiting the conduct, operation, or maintenance of any business or activity on the
premises which is conducive to such nuisance
. Effect of Board Declaration
A drug
dependent or any person who violates Section 15 of this Act may, by himself/herself or through his/her parent,
spouse, guardian or relative within the fourth degree of consanguinity or affinity, apply to the Board or its duly
recognized representative, for treatment and rehabilitation of the drug dependency. Upon such application, the
Board shall bring forth the matter to the Court which shall order that the applicant be examined for drug dependency.
If the examination by a DOH-accredited physician results in the issuance of a certification that the applicant is a drug
dependent, he/she shall be ordered by the Court to undergo treatment and rehabilitation in a Center designated by
the Board for a period of not less than six (6) months: Provided, That a drug dependent may be placed under the
care of a DOH-accredited physician where there is no Center near or accessible to the residence of the drug
dependent or where said drug dependent is below eighteen (18) years of age and is a firs
. Voluntary Submission of a Drug Dependent to Confinement, Treatment and Rehabilitation.
Upon certification of the Center that the drug dependent within the voluntary submission
program may be temporarily released, the Court shall order his/her release on condition that said drug dependent
shall report to the DOH for after-care and follow-up treatment, including urine testing, for a period not exceeding
eighteen (18) months under such terms and conditions that the Court may impose
Temporary Release From the Center; After-Care and Follow-Up Treatment Under the Voluntary
Submission Program
– A drug dependent who
is discharged as rehabilitated by the DOH-accredited Center through the voluntary submission program, but does
not qualify for exemption from criminal liability under Section 55 of this Act, may be charged under the provisions of
this Act, but shall be placed on probation and undergo a community service in lieu of imprisonment and/or fine in the
discretion of the court, without prejudice to the outcome of any pending case filed in court
Probation and Community Service Under the Voluntary Submission Program
– A drug dependent, who is not rehabilitated after the second commitment to the Center under the
voluntary submission program, shall, upon recommendation of the Board, be charged for violation of Section 15 of
this Act and prosecuted like any other offender. If convicted, he/she shall be credited for the period of confinement
and rehabilitation in the Center in the service of his/her sentence.
. Filing of Charges Against a Drug Dependent Who is Not Rehabilitated Under the Voluntary Submission
Program
– Should a drug dependent under the voluntary submission program escape from the Center, he/she may
submit himself/herself for recommitment within one (1) week therefrom, or his/her parent, spouse, guardian or
relative within the fourth degree of consanguinity or affinity may, within said period, surrender him for recommitment,
in which case the corresponding order shall be issued by the Board
Escape and Recommitment for Confinement and Rehabilitation Under the Voluntary Submission
Program
Judicial and medical records of
drug dependents under the voluntary submission program shall be confidential and shall not be used against him for
any purpose, except to determine how many times, by himself/herself or through his/her parent, spouse, guardian or
relative within the fourth degree of consanguinity or affinity, he/she voluntarily submitted himself/herself for
confinement, treatment and rehabilitation or has been committed to a Center under this program.
. Confidentiality of Records Under the Voluntary Submission Program
– Notwithstanding any law, rule and regulation to the contrary, any person determined and found to be
dependent on dangerous drugs shall, upon petition by the Board or any of its authorized representative, be confined
for treatment and rehabilitation in any Center duly designated or accredited for the purpose
Compulsory Confinement of a Drug Dependent Who Refuses to Apply Under the Voluntary Submission
Program.
If a person charged with an offense where the imposable penalty is imprisonment of less than six
(6) years and one (1) day, and is found by the prosecutor or by the court, at any stage of the proceedings, to be a
drug dependent, the prosecutor 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.
Compulsory Submission of a Drug Dependent Charged with an Offense to Treatment and
Rehabilitation
– The period of prescription of the offense charged against a drug dependent under the compulsory
submission program shall not run during the time that the drug dependent is under confinement in a Center or
otherwise under the treatment and rehabilitation program approved by the Board.
Prescription of the Offense Charged Against a Drug Dependent Under the Compulsory Submission
Program
The records of a drug
dependent who was rehabilitated and discharged from the Center under the compulsory submission program, or
who was charged for violation of Section 15 of this Act, shall be covered by Section 60 of this Act. However, the
records of a drug dependent who was not rehabilitated, or who escaped but did not surrender himself/herself within
the prescribed period, shall be forwarded to the court and their use shall be determined by the court, taking into
consideration public interest and the welfare of the drug dependent
Confidentiality of Records Under the Compulsory Submission Program
It shall be the duty of the provincial or the city prosecutor
or their assistants or state prosecutors to prepare the appropriate petition in all proceedings arising from this Act.
- Duty of the Prosecutor in the Proceedings
An accused who is over fifteen (15) years of
age at the time of the commission of the offense mentioned in Section 11 of this Act, but not more than eighteen
(18) years of age at the time when judgment should have been promulgated after having been found guilty of said
offense, may be given the benefits of a suspended sentence, subject to the following conditions:
Suspension of Sentence of a First-Time Minor Offender.
If the accused first time minor offender under suspended sentence complies with the applicable rules and
regulations of the Board, including confinement in a Center, the court, upon a favorable recommendation of the
Board for the final discharge of the accused, shall discharge the accused and dismiss all proceedings.
Discharge After Compliance with Conditions of Suspended Sentence of a First-Time Minor Offender.
The
privilege of suspended sentence shall be availed of only once by an accused drug dependent who is a first-time
offender over fifteen (15) years of age at the time of the commission of the violation of Section 15 of this Act but not
more than eighteen (18) years of age at the time when judgment should have been promulgated
Privilege of Suspended Sentence to be Availed of Only Once by a First-Time Minor Offender
The
privilege of suspended sentence shall be availed of only once by an accused drug dependent who is a first-time
offender over fifteen (15) years of age at the time of the commission of the violation of Section 15 of this Act but not
more than eighteen (18) years of age at the time when judgment should have been promulgated.
Privilege of Suspended Sentence to be Availed of Only Once by a First-Time Minor Offender
If the accused first-time minor offender
violates any of the conditions of his/her suspended sentence, the applicable rules and regulations of the Board
exercising supervision and rehabilitative surveillance over him, including the rules and regulations of the Center
should confinement be required, the court shall pronounce judgment of conviction and he/she shall serve sentence
as any other convicted person
Promulgation of Sentence for First-Time Minor Offender.
Upon
promulgation of the sentence, the court may, in its discretion, place the accused under probation, even if the
sentence provided under this Act is higher than that provided under existing law on probation, or impose community
service in lieu of imprisonment. In case of probation, the supervision and rehabilitative surveillance shall be
undertaken by the Board through the DOH in coordination with the Board of Pardons and Parole and the Probation
Administration. Upon compliance with the conditions of the probation, the Board shall submit a written report to the
court recommending termination of probation and a final discharge of the probationer, whereupon the court shall
issue such an order.
Probation or Community Service for a First-Time Minor Offender in Lieu of Imprisonment
– The DOJ shall keep a confidential record of the
proceedings on suspension of sentence and shall not be used for any purpose other than to determine whether or
not a person accused under this Act is a first-time minor offende
Records to be kept by the Department of Justice
The penalty of imprisonment ranging
from six (6) months and one (1) day to six (6) years and a fine ranging from One thousand pesos (P1,000.00) to Six
thousand pesos (P6,000.00), shall be imposed upon any person who, having official custody of or access to the
confidential records of any drug dependent under voluntary submission programs, or anyone who, having gained
possession of said records, whether lawfully or not, reveals their content to any person other than those charged
with the prosecution of the offenses under this Act and its implementation. The maximum penalty shall be imposed,
in addition to absolute perpetual disqualification from any public office, when the offender is a government official or
employee. Should the records be used for unlawful purposes, such as blackmail of the drug dependent or the
members of his/her family, the penalty imposed for the crime of violation of confidentiality shall be in addition to
whatever crime he/she may be convicted of.
Liability of a Person Who Violates the Confidentiality of Records
– Any parent, spouse or guardian who, without valid reason, refuses to cooperate with the Board or any
concerned agency in the treatment and rehabilitation of a drug dependent who is a minor, or in any manner,
prevents or delays the after-care, follow-up or other programs for the welfare of the accused drug dependent,
whether under voluntary submission program or compulsory submission program, may be cited for contempt by the
court
Liability of a Parent, Spouse or Guardian Who Refuses to Cooperate with the Board or any Concerned
Agency
The parent, spouse, guardian
or any relative within the fourth degree of consanguinity of any person who is confined under the voluntary
submission program or compulsory submission program shall be charged a certain percentage of the cost of his/her
treatment and rehabilitation, the guidelines of which shall be formulated by the DSWD taking into consideration the
economic status of the family of the person confined. The guidelines therein formulated shall be implemented by a
social worker of the local government unit
Cost-Sharing in the Treatment and Rehabilitation of a Drug Dependent
The existing treatment and rehabilitation centers for drug
dependents operated and maintained by the NBI and the PNP shall be operated, maintained and managed by the
DOH in coordination with other concerned agencies. For the purpose of enlarging the network of centers, the Board
through the DOH shall encourage, promote or whenever feasible, assist or support in the establishment, operations
and maintenance of private centers which shall be eligible to receive grants, donations or subsidy from either
government or private sources. It shall also support the establishment of government-operated regional treatment
and rehabilitation centers depending upon the availability of funds. The national government, through its appropriate
agencies shall give priority funding for the increase of subsidy to existing government drug rehabilitation centers,
and shall establish at least one (1) drug rehabilitation center in each province, depending on the availability of funds
Treatment and Rehabilitation Centers.
