DANGEROUS DRUGS BOARD

Office of Undersecretary Grepor Butch Belgica

MEMORANDUM BRIEF
FOR: The Honorable Members, DANGEROUS DRUGS BOARD
RE: A Five-Year Program Towards a Drug-Free Filipino Nation
Date: October 2010
Please find attached a brief on a Comprehensive Anti-Illegal Drugs
Program the undersigned personally prepared for consideration.
For brevity, he addressed only three major concerns but of vital importance
in the campaign against illegal drugs, substance abuse and delinquency,
with designed programs namely:
1. The Oplan EDSA-ILaw- to address the Demand Reduction
Campaign
a. Revitalizing Anti Drug Abuse Councils (ADAC) and Activating
ADACS ADMINISTRATIVE BOARDS
b. Applying and Activating the Built-In Defenses of Each Social
and Economic Sphere to Fight Delinquency and Substance Abuse
2. The Oplan EDSA ILaw - to address the Supply Reduction
Campaign
a. The Transfer, Absorption, and Integration of All Operating Units
on Illegal Drugs into the PDEA, As Mandated By Law
b. On A Unified DDB-PDEA as Per RA 9165, Articles IX and X
For Better Accountability and Check and Balances; And For A
More Effective Anti-Drug Campaign
3. The YouthGuide Initiative- to address the proliferation druginfluenced pseudo-fraternity/gang violence
For 35 years, the undersigned has been in this advocacy of building a better
and kinder society for the Filipino Youth to thrive and mature productively
and competitively.
Herewith is a copy of the book Remove the Evil from Our Midst that
was presented to then Justice Secretary Tito Guingona. This became a
major resource material for the carving of a national policy on a
comprehensive action against illegal drugs in January 1995, and eventually
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in the enactment of RA 9165, known as the Comprehensive Dangerous

Drugs Act of 2002.
Sad to note, some past officials mangled and masticated, wittingly or
unwittingly, RA 9165 that made the law inutile.
For your consideration
Undersecretary GREPOR BUTCH BELGICA
Permanent Member, Dangerous Drugs Board
THE DANGEROUS DRUGS BOARD, IN A MEETING HELD AT DDBPDEA BLDG. ON DECEMBER 16, 2010, APPROVED IN A BOARD
RESOLUTION NO.148 SERIES OF 2010
DANGEROUS DRUGS BOARD
BOARD RESOLUTION NO. 148 S. 2010
A RESOLUTION ADOPTING ERADICATE DELINQUENCY AND
SUBSTANCE ABUSE THROUGH THE IMPLEMENTATION OF THE
LAW (OPLAN EDSA-ILAW) AS A PROGRAM, AMONG OTHERS,
OF THE DANGEROUS DRUGS BOARD AND ALLOWING ITS
LAUNCHING THROUGH A PROJECT CALLED NEW LIFE
CAMPAIGN
WHEREAS, as provided by Section 77, Article IX of RA 9165, the
Dangerous Drugs Board is the policy-making and strategy-formulating
body in the planning and formulation of policies and programs on drug
prevention and control and is mandated, among others, to develop and
adopt a comprehensive, integrated, unified and balanced national drug
abuse prevention and control strategy;
WHEREAS RA 9165 enjoins parents, teachers, clergy and various sectors
of society to participate in the effort to contain this problem of substance
abuse;
WHEREAS the laws prescribed in RA 9165 is comprehensive and
adequate to neutralize if not eradicate delinquency and substance abuse, if
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properly expounded and understood by these various sectors as to their

respective roles and functions, and thus, need to be expounded;
WHEREAS a good comprehension of their mandates, roles and function of
each and every concerned individuals, institutions, and sectors of society
will reduce the cost of undertaking a national anti-drug abuse program
nationwide;
WHEREAS, in recognition of the seriousness of drug abuse compounded
with delinquency; the exigency of the demand for its resolution; and the
complexity of the problem, an Operational Plan Eradicate Delinquency and
Substance Abuse Through Implementation of the Law (Oplan EDSAILaw) are proposed for the adoption by the Board;
WHEREAS, Oplan EDSA-ILaw has an intervention aspect that encourages
people to live righteous lives as law abiding citizens;
WHEREAS, the said Oplan is a campaign against youth restlessness as
manifested by substance abuse, delinquency and immorality;
WHEREAS, a New Life Campaign shall be conducted by phases
nationwide from Cagayan Valley to Davao visiting with local government
officials, law enforcers, businessmen and professionals, in school
campuses, jails and rehabilitation centers to launch OPLAN: EDSA ILaw
with the assistance of the private sectors;
Now, THEREFORE, be it RESOLVED as it is hereby RESOLVED that
OPLAN: EDSA ILaw be adopted as a program, among others, of the
Dangerous Drugs Board with existing programs on the Drug Demand
Reduction which is being implemented in various keys setting and
targeting all sectors of the society; and authorizing its launching through
the NEW LIFE CAMPAIGN.
Secretary ANTONIO BEBOT A. VILLAR
(Original Signed)
Attested By:
Undersecretary EDGAR C. GALVANTE, Exec. Director

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OPLAN: EDSA ILaw - Five Years 2011-15

Towards a Drug-Free NATION
1. A COMPREHENSIVE DEMAND REDUCTION PROGRAM
(Oplan: EDSA-ILaw) A Holistic Three Dimensional Approach to the
Demand Reduction Program as provided for by the Law: RA 9165.
A. Revitalizing Anti-Drug Abuse Councils (ADAC) And Activating
ADACS ADMINISTRATIVE BOARDS
1. Reorganize a unified and uniformed Anti-Drug Abuse Councils
(ADAC) in every local government units to implement the Dangerous
Drugs Boards policies and programs on drug prevention and control,
in coordination with the Philippine Drug Enforcement Agency;
2. The DDB shall delineate and redefine the Roles, Functions of DDB,
and PDEA in the Demand Reduction Campaign by reiterating the
provisions of the law under Section 77 and 82 of RA 9165.
3. Sustain the initiative of creating Administrative Boards as stated in
RA 9165 Art. VII which defines the participation of Local
Government Units to wit:
Section 51. Local Government Units' Assistance. Local government
units shall appropriate a substantial portion of their respective annual
budgets to assist in or enhance the enforcement of this Act...
Section 52. Abatement of Drug Related Public Nuisances.....
(1) Any city or municipality may, by ordinance, create an
administrative board to hear complaints regarding the nuisances;
Section 53. Effect of Board Declaration.
4. Preparation of printed materials specifically defining the participation
of the various sectors, their relevant roles and functions in the drug
prevention and control, in a step-by-step, phase-by-phase
implementation of the program. This is to be undertaken through the
administrative and operational support of the various divisions of the
Secretariat of the DDB. An ADACs Manual and Tool Kit for Local
Government Units will be produced that will define, among others:
1. The Councils and the Administrative Boards composition
patterned akin to the DDB;
2. Tasks and responsibilities, such as identifying drug-influenced
communities, nuisance places, drug dependents, suspected drug
pushers;
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3. Guidelines and procedures in coordinating with DDB-PDEA in

various matters concerning drug prevention, control and law
enforcements, and its possible deputization in some specific
concerns.
4. The Manual/Kit will also contain the Draft Ordinance and/or
Executive Order for LGUs, in creating their Administrative
Boards as provided for by RA 9165.
5. For the dissemination of the ADAC Manuals and Kits from the City,
Province and Municipal to the Barangay level, DDB through its
Preventive Education, Training and Information Division shall
undertake the training of PDEAs Preventive Education and
Community Involvement Services in all regions; after which PDEA
will coordinate with the DILG for the proper implementation of the
program.
B. Applying And Activating The Built-In Defenses Of Each Social
And Economic Sphere To Fight Delinquency And Substance
Abuse
1. In line with the provisions of the law, Domicile Support Groups
(DSG), School Support Groups (SSG) and Workplace Support
Groups (WSG) must be set in place by DDB-PDEA in coordination
with concerned Government Agencies such as DILG, DSWD, DepEd,
NYC and DOLE.
2. Faith-based Family-oriented Organizations such as Couples for Christ,
Christian Family Movement, etcetera, shall be tapped. Families must
be supported by the government in enforcing discipline in their homes
being the first line of defense against substance abuse, thus Womens
and Childrens Desk shall be expanded to Domicile Disciplinary
Support Desk.
3. Youth Camps and Group Counseling activities with a threedimensional approach shall be encouraged with incentives from the
government. Along this line, the Word Approach Counseling shall be
implemented in the Barkada Kontra Droga Program.
ARTICLE IV the Participation of the Family, Students, Teachers and
School Authorities in the Enforcement of this Act
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Section 41. Involvement of the Family. The family ...shall be primarily

responsible for the education and awareness ...close monitoring of family
members
Section 42. Student Councils and Campus Organizations. All ...student
councils and campus organizations shall include a program for the
prevention of and deterrence in the use of... drugs, and referral for
treatment and rehabilitation...
Section 43. School Curricula. Instruction on drug abuse prevention and
control shall be integrated in the ... curricula of all ...schools,
ARTICLE V Promotion of a National Drug-Free Workplace Program
With the... Private and Labor Sectors and the Department of Labor and
Employment
Section 47. Drug-Free Workplace. It is deemed a policy of the State to
promote drug-free workplaces using a tripartite approach...
Section 48. Guidelines for the National Drug-Free Workplace Program.
The Board and the DOLE shall formulate the necessary guidelines for the
implementation of the national drug-free workplace program.
ARTICLE VI Participation of the Private and Labor Sectors in the
Enforcement of this Act
Section 49. Labor Organizations and the Private Sector.
Section 50. Government Assistance. The labor sector and... partners
may... secure the technical assistance ... of the appropriate government and
law enforcement agencies.
2. A COMPREHENSIVE SUPPLY REDUCTION PROGRAM
(Oplan: EDSA-Ilaw) A Faithful Implementation and Application of RA
9165 With Active And Well-Defined Participation Of All Units Of Civil
Government And All Sectors Of Society.
a. The Transfer, Absorption, And Integration Of All Operating Units
On Illegal Drugs Into The PDEA, As Mandated By Law
For a start, these provisions of RA9165, for a well-coordinated, more
potent Law Enforcement Supply Reduction Campaign must be
implemented before any Drug Supply Reduction Program can be
effectively drawn. Indeed, the law provides a superstructure for all law
enforcement agencies in dangerous drugs control to flow together in a
concerted effort, orchestrated by a sole agency (PDEA), with a common
mandate and fully enabled by law.
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The success of any National Drug Abuse Prevention and Control Strategy
and/or Program greatly depends on the faithful and rational application of
this provision:
Section 86. Transfer, Absorption, and Integration of All Operating Units
on Illegal Drugs into the PDEA and Transitory Provisions. The
Narcotics Group of the PNP, the Narcotics Division of the NBI and the
Customs Narcotics Interdiction Unit are hereby abolished; however they
shall continue with the performance of their task as detail service with the
PDEA... until such time that ...the Agency is fully operational and the
number of graduates of the PDEA Academy is sufficient to do the task
themselves: ...
(BACKGROUND: THE RATIONALE BEHIND SEC 86 PROVIDING THE
TRANSFER, ABSORPTION AND INTEGRATION OF THE OPERATING UNITS
ON ILLEGAL DRUGS INTO THE PDEA.
Submitted by Undersecretary Grepor Butch Belgica as a comment on the
proposed amendment to Section 86 of RA9165
Decades ago when the problem of Substance Abuse ballooned, and
parallel with it are Delinquency and the increase in drug-related Heinous
Crimes, among the factors that were looked into is the efficiency and
adequacy of the supply reduction policy, programs, and law enforcement
setup and system prevailing during that period.
There were multiple law enforcement agencies with their respective elite
groups and task forces involve in the drug supply reduction efforts during
those times; as there were as much anti-drug enforcement agencies with
some of their operatives protecting illegal drug syndicates. One of the
more prominent of the problems was the involvement of law enforcers to
illegal drug activities, and parallel with it was the increase of criminal drug
traffickers with protection from law enforcers, thus making a mockery of
the Law, and replacing the rule of law with the rule of agencies.
STEPS TO BE TAKEN AS ADDRESSED BY THIS SECTION 86 ARE:
1. The ABOLITION of all these agencies and their replacement with a
super drug enforcement agency (PDEA) with clear and direct
accountability to a multi-departments super-body (DDB).
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2. Then, to ensure continuity of the drug prevention and control

during the transition, the different anti-narcotic units of law
enforcement agencies were integrated as detailed to PDEA until
such time that the organizational structure of the agency is fully
operational with adequate options for every operatives in
various anti-drug law enforcement agencies to join the SuperAnti-Drug Agency;
3. Take note of the phrase, subject to screening. This was intended
to get rid of the scalawags protecting criminal syndicates, if not
being syndicate members or leaders themselves; and/or of the
notorious drug recyclers which had become extended drug
syndicates using the same underground illegal drugs-network.
With a super drug-enforcement agency (PDEA), with clear and direct
accountability to a multi-departments super-body (DDB), the emphasis of
the majesty of the law, the upholding on the rule of law were believed to
have been ensured (And the problem of rule of agencies and elite task
forces addressed). Meaning, PDEA given time to develop, with the quasilegislative powers of DDB when utilized to empower PDEA, to deputize as
originally intended by Section 86, even a traffic policeman, an elected
Barangay official can make arrests with the guidance of the DDB-PDEA
and in accordance with the pertinent provisions of the law.
The reinvigorated Dangerous Drugs Board crafted by RA9165 with 12
Cabinet-level Departments; and, 3 Permanent members and 2 other
potent, reputable NGOs for continuity ensured a well-covered check-andbalance system; and combined with a Super-Agency (PDEA) as its
implementing arm, ensured a super-potent supply reduction agency
having overall supervision on all supply reduction efforts.
The sad fact is that the provisions in Sec 86 was not properly implemented
generally because of, perhaps, lack of perspective of this particular
Section. The undersigned recommends that this be implemented smoothly
in accordance with the provisions and intent of the law.)
b. On A Unified DDB-PDEA As Per Ra 9165, Articles IX And X For
Better Accountability And Check And Balances; And For A More
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Effective Anti-Drug Campaign (References: R.A. 9165, Article IX,

Sections 77 & 82, and Article X, Sections 87 & 88)
The lawmakers who drafted RA 9165 had only one intention: that of
having a unified and integrated system of planning, implementation and
enforcement of anti-drug abuse policies, programs and projects. The
rationale is for better accountability and check and balances; and for a
synchronized and more effective anti-drug campaign. Thus DDB and
the creation of PDEA is lump in one and the same Article IX.
Fact: ONE TITLE-NAME FOR IMPACT AND EFFICIENCY, ONE
PURSE (BAG) FOR MAXIMIXED UTILIZATION OF FUNDS
Article IX - The Dangerous Drugs Board and the Philippine Drug
Enforcement Agency
Section 77 The Dangerous Drugs Board The Board shall be the policymaking and strategy-formulating body in the planning and formulation of
policies and programs on drug prevention and control. It shall develop
and adopt comprehensive, integrated, unified and balanced national drug
abuse prevention and control strategy. It shall be under the Office of the
President.
Section 82 Creation of the Philippine Drug Enforcement Agency (PDEA)
To carry out the provisions of this Act, the Philippine Drug Enforcement
Agency (PDEA), which serves as the implementing arm of the Board, and
shall be responsible for the efficient and effective law enforcement of all
the provisions on any dangerous drug and/or controlled precursor and
essential chemical as provided in this Act.
Article X: Appropriation, Management of Funds and Annual Report
Section 87 discusses appropriations, while Section 88 is on the
management of funds and annual report of both the Board and PDEA.
A careful study and analysis of RA 9165, Article X, Sections 87 and 88,
shows that there is only one purse as prescribed by the law (and not many
as it is presently done) for the attainment of the objectives of the RA 9165.
However, this is not being done or followed. For whatever reason, one can
only speculate. This is, wittingly or unwittingly, a misinterpretation of the
law, or a misconception.
A deeper study and analysis on important provisions of RA 9165 under
Article X particularly on Sections 88 reveals that the misconception stems
particularly from, among others, the inadvertent insertion of the word
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respective in the IRR (Implementing Rules and Regulation) for RA

9165. The Law prevails over the IRR, is established jurisprudence.
Therefore, PDEA is the Boards implementing arm and law enforcement
agency, implementing policies and the national drug control strategy
formulated by the Board. The DDB-PDEA set-up is similar to Executive
Departments with their respective enforcement arm (eg. DILG-PNP, DOJNBI, etc.).
I.
The Chairman of the Board alone is mandated by law to report to the
President and to both Houses of Congress all matters pertaining to the
Dangerous Drugs situation, including programs and statistics, and
needed legislations (such as appropriations, and matters relevant to
drugs control)
II.
PDEA reports and is accountable to the Board.
III.
Further, as prescribed by RA 9165 Article IX, Section 83, PDEA is to
submit to the Board all changes in organizational set-up/staffing
pattern for approval and that all programs/projects, budget and
accomplishments of PDEA is submitted and presented to the Board.
IV.
All the perceived but nonexistent overlapping functions of the DDBPDEA, be synchronized according to the defined functions of the DDB
as the policy-making/strategy-formulating body, PDEA as the
implementing arm, and other interacting agencies on dangerous drugs
control, particularly, among others, To wit:

In the DDB Divisions namely: Policy Studies, Research and

Statistics (PSRSD); Preventive Education, Training and
Information (PETID); Legal Affairs; and the Administrative and
Financial Management; and,
In the PDEA Services, namely: Intelligence and Investigation;
International Cooperation and Foreign Affairs; Preventive
Education and Community Involvement (PECIS); Plans and
Operations; Compliance; Legal and Prosecution; Administrative
and Human Resource; Financial Management; Logistics
Management; and Internal Affairs; and in the
DoH-TRC as the Rehab arm.

OPTIONS TO TAKE:

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1. The Board or the ExeCom, thru resolutions, may correct and act on
these issues above-presented particularly in the implementation of RA
9165, Articles IX and X, Sections 87 and 88.
2. The Chair may issue a memorandum circular to the effect that the
Unified (Two in One) Board-Agency is to henceforth be presented,
known, called, promoted as DDB-PDEA, as defined by law in
Article IX of RA 9165.
CONCLUSION:
DDB-PDEA with a very broad membership of Department executives and
supported by a very comprehensive law could be a very effective
government institution in curbing the problem of illegal drugs and in
neutralizing, among others:
1. Narco-Politics and their major Players
2. International and National Narcotic Syndicates
3. Criminal Drug Syndicates involving some Law Enforcers
Communications to the President and Congress may be prepared for other
corrective legislations needed.
3. THE YOUTHGUIDE INITIATIVE
A Program on Anti-Delinquency and -Substance Abuse In Response to the
Rise of Drug Related Violence among Youth Gangs and Pseudo
Fraternities
RATIONALE
Proliferation of substance abusing youth gangs is phenomenal, instilling
fear and anxiety to both parents and kids in the community, in and off
campus. This phenomenon is complex and distinct but not much attention
is given.
Youth involvement in substance abuse increased very significantly while
gangs formed are more vicious and secretive. Their proliferation can be
traced to several factors:
First, the moral degeneracy which greatly contributes to the weakening
of the youths resistance to evil (curiosity) and peer pressure.
Second, Neglect or lack of Parental guidance; lack of community
vigilance and restrain.
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Third, because of RA 9344 or the Juvenile Justice and Welfare Act

(Minors has no criminal liability); and other factors causing the
proliferation of illegal Drugs.

Evidence suggests that there are functional linkages between organized

crime and youth gangs in drug trafficking, substance abuse, extortion, theft,
and murder. Ironically, youth groups have also been fertile ground for
recruitment into insurgency.
DEFINITION OF TERMS on Youth and Minors
For legal, operational and administrative clarity: persons between 18 to 25
years of age shall be classified as youth; and those below 18 years old,
are minors who are covered by the provisions of the law on the treatment
of Juvenile offenders (Juvenile Justice and Welfare Act).
PLAN OF ACTION
Enlist support of like-minded civic organizations to pursue two
objectives:
1. Implement the Three-Pronged Suppression-Intervention-Prevention
(SIP) Program against delinquency and substance abuse.
2. Conduct a nationwide assessment of Anti-Delinquency and -Substance
Abuse Programs and Strategies in localities severely affected.
A Detailed Study and Plan of Action on this regard shall be readied for
each affected locality.
Implementing the Three-Pronged SIP Program Suppression,
Intervention, Prevention
a. Suppression advocate, thru ADAC, formation of YouthGuide Drug
Prevention and Control Office, to serve as Suppression and Intervention
Unit/Office in the Cities or Towns where there is a proliferation of youth
gangsterism, delinquency and substance abuse.
Composed of LGU officials and law enforcers, the head of office is
appointed by the Mayor, preferably a lawyer or a law graduate, who shall
oversee the functions of the office. Law Enforcers/Social workers shall be
assigned for operations and the conduct of Law Enforcement activities.
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Civic Groups Participation as per RA 9165

DDB Change Agents to support/assist operations of these gang suppression
and intervention units, for proper Law Enforcement of local ordinances
and laws on delinquency and substance abuse, and until precise Arrest,
and successful Prosecution is effected.
b. INTERVENTION train/develop Change Agents and pursue
Advocacies
Intervention through Change Agents--YouthGuide advocates the formation
of Change Agents from volunteers. They shall be actively involved in
Transformation Programs for youth offenders and gang men.
Ministries on Youth Transformation and reformation to train Trainors as
Change Agents, including those transformed from gangsterism or wayward
life but are now leading righteous lives.
Trainors Training shall be on A Strength-based Intervention strategy to
provide practical models for turning destructive patterns into opportunities.
Training shall be on intervention techniques in communities and
institutions, and in running an aftercare home for juvenile and high-risk
youth offenders, and in intervening in the activities of Youth
gangs/fraternities. Trainors shall be culled from volunteers of Civic and
Church groups
Intervention Through Interventionary Advocacies
Segregation of youth wards and minors in custodial institutions (jails,
prisons, penal farms, rehab centers, etc.) for implementation of
transformation programs for youth.
Monitoring of Habitual Delinquents, Recidivists and Probationers in
jails and prisons. An initial and informal inquiry undertaken by the
YouthGuide volunteers revealed incidences of multiple probation
application of offenders.
Applying the three (3) strike rule in rehabilitation or reformatory
centers. A drug addict sent for rehabilitation three times may be
prosecuted to serve time in jail. Further legislations in local and national
level be advocated.
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Pursue the construction of Youth Centers for Transformation by

private or government sector, both for High Risk offenders and minors in
conflict with the law.
c. PREVENTIONdevelop speakers bureau and encourage productive
youth groups; Parenting and Counseling, Lectures and Youth Counter
forces and activities
Initiate/coordinate a network of priests and pastors, religious leaders to
function as a Speakers Bureau for this Initiative. Seminars, Lectures and
Sermons in Churches and educational institutions, supported with basic
materials on good/godly parenting to inculcate parental responsibility and
authority; providing a healthy lifestyle to their kids; and community watch
on the youth.
Support and encourage the formation of Youth Counterforce under the
Barkada Kontra Droga program, such groups as KBB (Kabataan Bagong
Buhay), other civic-oriented and faith-based group be asked to participate.
OTHER CONCERNS
Conduct a nationwide assessment of Anti Delinquency and Substance
Abuse Programs and Strategies
Surveys, Profiles and Data Gathering on Youth Gangs and psuedofraternities involved in substance abuse and drug pushing shall be done.
Parallel Civic and Religious groups shall be encouraged to give input in the
assessment of substance abuse, drug related cases and gang violence in
their community; and assist in the formulation of strategies and programs
in combating this menace.

ADDENDUM
LEGAL EXPLANATION to a Unified DDB-PDEA
Excerpted from the Report of JC Calida and Associates Law Firm
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To gain a better perspective, it is imperative to look at Article IX of RA

9165 which provides for the creation, organization and conferment of
powers and duties of the DDB and PDEA1. As envisioned by the Congress,
DDB was crafted to function like a department. That is why the Chairman
of the DDB was conferred the rank of Secretary2.
DDB was designed to be a Superbody in the field of drug prevention and
control as borne out by the following:
a) it was granted plenary and pervasive powers to plan, formulate and
strategize policies and programs on drug prevention and control as well as
to develop and adopt a comprehensive, integrated, unified and balanced
national drug abuse prevention and control strategy;
b) it is placed directly under the Office of the President;
c) the composition of the Board, where at least nine (9) ex-officio members
of whom, are Cabinet Secretaries of front line departments show the
importance given to it by the legislature;
d) it was given an implementing arm the PDEA;
e) the Director of the NBI and the Chief of the PNP are permanent
consultants of the Board; and
f) the Chairman of the DDB is the one tasked to submit an annual report to
the President and to the presiding officers of both houses of Congress
regarding the dangerous drugs situation in the country including detailed
account of programs and projects undertaken, statistics on crimes related to
dangerous drugs, expenses incurred pursuant to the provision of RA
9165 and recommended remedial legislation, if any.3 (boldface supplied)
To carry out its mandate under the law, the DDB was given vast powers
and duties.4 In the discharge of its functions, DDB was gifted its own
Secretariat5 headed by an Executive Director with the rank of
Undersecretary and its implementing arm, the PDEA6, headed by a
Director General with the rank of Undersecretary. In fact, the DDB
Executive Director was made the Secretary of the Board while the PDEA
Director General was made an ex-officio member of the Board.
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All these factors point to the fact that PDEA cannot exist and operate
independently of the Board. For one, PDEA cannot implement a national
drug control strategy except that formulated by DDB.7
While the PDEA Director General is appointed by the President, there is no
express provision in the RA 9165 placing PDEA directly under the Office
of the President unlike that of the DDB.8 PDEAs role is that of an
Implementing Arm and that arm is attached to the body of DDB.
Sections 77-84
Paragraph 2, Section 78
3 Section 88, RA 9165
4 Section 81, RA 9165
5 Section 80, RA 9165
6 Section 82, RA 9165
7 Section 84 (a), RA 9165
8 Section 77, RA 9165
1
2

Section 84 of RA 9165 details, among others the duties of PDEA in

implementing the strategies, policies and programs of the DDB including
the submission of annual and periodic reports to the DDB. This shows the
DDBs oversight power over PDEA.
To illustrate further the control of DDB over PDEA, the latter cannot effect
any changes in its organizational set-up without DDBs approval9. Even
the establishment of a PDEA Academy from where the operating units of
PDEA can be recruited is also subject to the approval of the DDB.10
Turning now to the query at hand, Section 88 of RA 9165 provides:
Management of funds under this act; Annual report by the Board and
PDEA. The Board shall manage the funds as it may deem proper for the
attainment of the objectives of this Act. In addition to the periodic reports
as may be required under this Act, the Chairman of the Board shall submit
to the President of the Philippines and to the presiding officers of both
houses of Congress, within fifteen (15) days from the opening of the
regular session, an annual report on the dangerous drugs situation in the
country which shall include detailed account of the programs and projects
undertaken, statistics on crimes related to dangerous drugs, expense
incurred pursuant to the provision of this Act, recommend remedial
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legislation, if needed, and such other relevant facts as it may be deem

proper.
Under this section, only the Board (DDB) was given the right and fiscal
autonomy to manage the funds as it may deem proper for the attainment of
the objectives of the law. The verb manage plainly means to be in
charge of; to administer and regulate resources under ones control.11.
These funds refer to the funds included in the annual General
Appropriations Act 12, all receipts derived from fines, fees and other
income authorized by RA 9165, including 10% of all unclaimed and
forfeited sweepstakes and lotto prizes not less than Php 12,000,000.00 per
year from the PCSO, and Php 5,000,000.00 a month from PAGCOR and
funds derived from grants, donations and endowment from domestic or
foreign sources. While the funds may come from various sources, under
Section 88, there is only one authorized fund manager DDB.
On the other hand, the objective of the law include, among others, the
creation of PDEA as the implementing arm of DDB13, its organization14, its
powers and duties15, the establishment of PDEA Academy16, and transfer,
absorption and integration of all operating units on illegal drugs into the
PDEA. 17 Under Section 88, the authority to manage the funds needed to
implement these objectives was given only to DDB.
Section 83, RA 9165
Section 85, RA 9165
11 The Oxford Dictionary of English, 1998, p. 1122
12 Section 87, RA 9165
13 Section 82, RA 9165
14 Section 83, RA 9165
15 Section 84, RA 9165
16 Section 85, RA 9165
17 Section 86, RA 9165
9

10

Stated differently, under Section 88, PDEA was not conferee the authority
to manage any fund under RA 9165. Applying the rule of Expressio Unius
Est Exclussio Alterius to determine legislative intent, the express mention
of the Board (DDB) means the exclusion of others not expressly
mentioned. While it is true that under Section 89, the Commission on Audit
(COA) shall audit all accounts and expenses of the Board and PDEA, this
Page 17 of 88

section does not grant PDEA any authority to manage its funds. Managing
of funds and auditing thereof are two distinct and separate concepts.
This brings us to Section 88 of the IRR. For ease of reference, we quote the
pertinent portions thereof:
Management of Funds Under the Act: Annual Report by the Board and
the PDEA.
(a) Fund Management The Board and the PDEA shall manage their
respective funds, whether appropriated by Congress or coming from other
sources, as each may deem proper for the attainment of the objectives of
the Act, and respectively account for the same, subject to the observance of
the terms and conditions set in the annual general appropriations act and
pertinent budgeting, accounting and auditing rules and regulations.
(underscoring supplied )
Evidently, Section 88 of the IRR expanded the number of the entity
authorized by Section 88 of RA 9165 to manage the funds by adding
PDEA, contrary to express and plain legislative intent to repose the
authority only to DDB.
It is a fundamental rule that regulation cannot enlarge the law. If a conflict
or discrepancy occurs between the basic law and an implementing rule or
regulation, the former prevails.
In Boie-Takeda Chemicals, Inc. v. De La Serna, 18 Supreme Court ruled
that Implementing Rules cannot add to or detract from the provisions of
the law it is designed to implement. Administrative regulations adopted
under legislative authority by a particular department must be in harmony
with the provisions of the law they are intended to carry into effect. They
cannot widen its scope. An administrative agency cannot amend an act of
Congress.
To cite a particular case, an IRR changed the phrase in the law from the
disjunctive and/or to the conjunctive and. The Supreme Court nullified
the regulation, stating that if the law intended that the employee should
have both a superior provident plan and a housing plan in order to qualify
for exemption, it would have use the words and , instead of and/or.19
Applying the rationale of the said case law, if Congress intended DDB and
PDEA to manage their respective funds separately, then it would have so
stated in Section 88 of RA 9165.
Page 18 of 88

But it did not.

Boie-Takeda Chemicals, Inc. v De La Serna, 228 SCRA 329, 340 [1993]
China Banking Corporation v. Members of the Board of Trustees, Home
Development Mutual Fund, 307 SCRA 44, 457-458 [1999].
18

19

It is axiomatic that the delegate, in exercising the power to promulgate

implementing regulations, cannot contradict the law from which the
regulations derive their very existence.20 The fact that it has been the
practice of both DDB and PDEA to manage its respective funds for years
did not validate the void IRR in question for an illegal act confers no right
and imposes no obligation.21 Just like a spring, the offending IRR cannot
rise higher than its source which is the law.
In conclusion, it is our considered opinion that Section 88 of the IRR which
expanded the scope of Section 88 of RA 9165 to include PDEA that can
manage the funds under said Act is null and void for only Congress can
repeal or amend the Law.22 The law cannot be broadened by a mere
administrative issuance.

20 Granger Associates v. Microwave Systems, Inc. 189 SCRA 631, 639-640

21 GMCR v. Bell telecommunications Phil., Inc. 271 SCRA 790 [1997]
22 Romulo, Mabanta, Buenaventura, Sayoc & Los Angeles v. National
Wage and Productivity Commission, 289 SCRA 667

Page 19 of 88

PART II
ADAC TOOL KIT

BACKGROUND
As mandated by the Constitution, the government shall promote the quality
of life of the people. The Local Government Code of 1991 provides that
local government units shall pursue undertakings to improve public morals
and maintain peace and order, among other equally significant concerns.
Thus, the increasing use of illegal drugs has significantly contributed to the
incidence of heinous crimes.
Page 20 of 88

The creation of Anti-Drug Abuse Council can be traced back in 1998 when
it was first created under DILG issuance, Memorandum Circular No. 98227, dated December 2, 1998, designating the Governor/Mayor/Punong
Barangay as its chairman.
Supplementing the said circular, the DILG issued Memorandum Circular
99-106 to include provincial Vice-Governor/City Vice-Mayors and
Municipal Vice Mayors as members of the Provincial, City and Municipal
Anti-drug Abuse Councils respectively.
The Department of Interior and Local Government (DILG) issued
Memorandum Circular No. 2009-09, dated January 29, 2009, and
emphasized that provincial governors shall ensure that the mandated tasks
and responsibilities cited under Section 51-53 of RA 9165 are
implemented. Under Section 52 (1) of RA 9165, an Administrative Board
may be created, to hear complaints regarding the nuisances.
Article VII of RA 9165, Section 51 mandated the participation of Local
Government Units in addressing the drug problem in their locality, giving
priority to preventive or educational programs and the treatment and
rehabilitation of drug dependents.
In the same Article, Section 52 states that any place or premises which has
been used on two (2) or more occasions as the site of 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:
1. Any city or municipality may, by an ordinance create an administrative
board to hear complaints regarding the nuisances.
2. Any employee, officer or resident of the city or municipality may bring
a complain before the Board after giving not less than three (3) days
written notice of such complain to the owner of the place or premises
at his/her last known address; and
3. After hearing in which the Board may consider any evidence, including
evidence of the general reputation of the place or premises, and which
the owner of the premises shall have an opportunity to present
evidence in his/her defense, the Board may declare the place or
premises to be public nuisance.
Page 21 of 88

For the furtherance of anti-drug abuse prevention program, most LGUs

have already set in place anti-drug abuse councils. Through these drug
abuse prevention councils, the extent of drug problem in their jurisdiction
is evaluated and the necessary action to address them is executed.
A comprehensive and balance process on treatment and rehabilitation
program is also here presented.
The (3) three-dimensional approach (Body, Soul and Spirit) is a
rehabilitative and reform program that deals not only on the physical and
psychological aspect of a delinquent. Moreover, it reaches out to touch the
very core (heart and spirit) of those who have gone astray in society and
help them realigned their path and get back to their norms.

I. The ADMINISTRATIVE BOARD (AB)

RA 9165, mandates Local Government Units to address the drug problem
in their respective localities, addressing the main concerns related to drug
abuse prevention, anti-drug education programs and the rehabilitation or
treatment of drug dependents.
It provides power to LGUs through the creation of an Administrative
Board (AB) to declare any place or premises which have been used in the
unlawful sale or delivery of dangerous drugs as a public nuisance, and such
nuisance may be abated.
Page 22 of 88

Article VII , Section 52 of the RA 9165 states that any place or premises
which have been used on two (2) or more occasions as the site of the
unlawful sale or delivery of dangerous drugs maybe declared to be a public
nuisance, and such nuisance may be abated, pursuant to the following
procedures:
a) Any city or municipality may, by an ordinance create an
administrative board to hear complaints regarding the nuisances.
b) Any employee, officer or resident of the city or municipality may
bring a complain before the Board after giving not less than three
(3) days written notice of such complain to the owner of the place
or premises at his/her last known address; and
c) After hearing in which the Board may consider any evidence,
including evidence of the general reputation of the place or
premises, and which the owner of the premises shall have an
opportunity to present evidence in his/her defense, the Board may
declare the place or premises to be public nuisance.
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. An order entered under this section shall
expire after one (1) year or at such earlier time as stated in the order. The
Board may bring a complaint seeking a permanent injunction against any
nuisance described under this Section.
This article does not restrict the right of any person to proceed under the
Civil Code against any public nuisance.
EXPLANATION TO THE CREATION OF AN ADMINISTATIVE
BOARD HEADED BY THE LGU CHIEF EXECUTIVE AND ITS
PREFERRED COMPOSITION
Whereas Section 52 of the Implementing Rules and Regulations of RA
9165 states that a City or Municipality may by ordinance create an
Administrative Board (AB) to be composed of: 1) The City or Municipal
Health Officer as Chairperson; 2) the City /Municipal Legal Officer or, in
the absence of which, the Municipal Administrator and, 3) the Local Chief
of Police as members;

Page 23 of 88

However, Section 53 of the same Implementing Rules and Regulations

provides that the City or Municipal Mayor shall implement the order of
the Administrative Board and assume full responsibility in seeing to it that
the order is immediately complied with.
It seems incongruent that the City or Municipal Mayor shall act upon
orders of a Board whose chair and members are either his appointees
and/or his subordinates, under his direct supervision. This ludicrous
situation that the Chief Executive of the Local Government unit takes full
responsibility in implementing a subordinates decision (and not of his
making!) is also illogical.
The original provisions in Sections 52 and 53 of RA9165 show the clear
intent of the Law: to give more teeth to the LGUs, in accordance with local
autonomy, in dealing with the drug problem in their locality. The law
provisions do not jive with the IRR. Whenever there are conflicts between
a law and an IRR, the law prevails.
Therefore, a legal remedy to this asymmetrical situation between the Law
and the IRR is hereby forwarded: the crafting of an Ordinance, as provided
for by RA9165 Section 52 that creates an Administrative Board with the
Governor or the City/Municipal Mayor as Chairperson. If an ordinance
already exists, let the appropriate amendments be introduced.
It is recommended further that the following set up cited hereunder in this
handbook be instituted in the Ordinance for proper implementation of the
law.
FUNCTIONS OF THE ADMINISTRATIVE BOARD (AB)
It shall have the following duties and responsibilities:
1. Operates under the Office of the Governor or Mayor
2. Hears drug related complaints and coordinates with concerned
agencies in resolving drug related complaints;
3. Develops a comprehensive, integrated, unified and balanced drug
abuse prevention program and control strategy;
4. Ensures full compliance, participation and support to the
provisions of RA 9165 and oversee the operations and
implementations of the Councils.
Page 24 of 88

5. Ensure that the Anti-Drug Abuse Councils at all levels perform

their functions and responsibilities as embodied in relevant
Department issuances.
6. Ensures a sustainable anti-drug abuse program in matters relating
to rehabilitation or treatment program of drug dependents.
7. Coordinates with the Dangerous Drugs Board
Composition of the ADMINISTRATIVE BOARD (AB)
1. Governor/ Mayor Chairperson
2. Vice-Governor/Vice Mayor Vice Chairperson (Optional)
3. Provincial / Municipal / City Legal Officer

4. Provincial / Municipal / City Health Officer

5. Socio-Civic Religious leader
6. DDB-PDEA Designated/Deputized as ex-officio member
Organizational chart of the
ADMINISTRATIVE BOARD*
Governor / Mayor as Chairperson
Vice Governor / Vice Mayor as Vice Chairperson

Socio Civic
Religious
Group

Provincial/ City
Municipal Legal
Officer

Provincial/ City
Municipal
Health Officer

DDB-PDEA
Designated
Ex-Officio
Member

Operates under the Office of the Governor / Mayor

Reference: Creation of Quezon City Anti-Drug Board (AB) and
Anti-Drug Abuse Council (ADAC) per 65th Resolution Session.
Ord. No. SP 1264, s-2003 Page 10, PO 2002-273 (See Annex G)

Meeting of the ADMINISTRATIVE BOARD (AB):

The Board shall meet once a month or as often as necessary at the
discretion of the chairperson or at the call of a majority of the members of
the Board.
II.THE ANTI-DRUG ABUSE COUNCIL (ADAC):
Page 25 of 88

The increasing use of illegal drugs has significantly contributed to the

incidence of heinous crimes. The problem on illegal drugs has to be
addressed much more effectively by involving a broad spectrum of the
community. (Refer to Annex A)
COMPOSITION OF THE ANTI-DRUG ABUSE COUNCIL (ADAC):
All provinces, cities, municipalities are hereby enjoined to create their
respective Anti-Drug Abuse Council (ADAC) as Advisor to the LGU Chief
Executive and Administrative Board, composed of the following member:
1. Vice Governor /Vice Mayor Chairperson
2. PNP Provincial/City Director/Chief of Police
- Vice Chairperson
Members:
DILG- Provincial/City Director/CLGOO/MLGOO
DepED Division Superintendent/District Supervisor
DOJ Provincial/City Prosecutor
Provincial/City/Municipal Health Officer
Provincial/City/Municipal Information Officer
Provincial/ Municipal / City/ Social Worker Officer
Provincial/ City Probation and Parole Officer
President league of the SK Chairmen
*President Liga ng mga Barangay
NGO-Socio-Civic Group / Representative
Religious Group

Organizational chart of the

ANTI DRUG ABUSE COUNCIL

Office of the Vice Governor / Vice Mayor

Vice Governor / Vice Mayor - Chairperson
PNP Provincial/City/Director/ Chief of Police- Vice Chairperson

DILG Provincial/ City Director /

CLGOO / MLGOO

Page 26 of 88

DOJ Provincial/City Prosecutor

DepED Division
Superintendent/District Supervisor
Provincial/City/Municipal
Social Worker Officer

Provincial/City/Municipal
Health Officer

Provincial/City/Municipal
Information Officer

NGO-Socio-Civic Group /
Representative

Religious Group

*President Liga ng mga

Barangay

FUNCTIONS OF THE ANTI DRUG ABUSE COUNCIL (ADAC):

The Council shall be the implementing arm of the Administrative Board
and shall be responsible for:
1. Implementing the policy and programs of the Administrative Board.
2. Serve as a focal point through which various organizations and
individuals work together cooperatively in the planning,
implementation and evaluation of programs on drug abuse prevention;
3. Provide for an effective mechanism for the coordination of existing
services and programs and those which might be developed in the
immediate futures;
4. Provide for an mechanism to obtain funds, volunteers, facilities and
technical expertise; and
5. Perform other related responsibilities as may be assigned by
competent authorities.
Meeting of ANTI DRUG ABUSE COUNCIL (ADAC):
The Council shall meet once a month or as often as necessary at the
discretion of the chairperson or at the call of a majority of the members of
the council.
Page 27 of 88

III.BARANGAY ANTI-DRUG ABUSE COUNCIL (BADAC)

To accelerate the drive against illegal drugs and promote the participation
of local institutions up to grassroots level in the suppression of drug
trafficking and abuse, Anti-Drug Abuse Councils are created in the
Barangays. (Please Refer to Annex A)
ROLE OF THE BARANGAY ANTI-DRUG ABUSE COUNCILS
(BADAC)
To consolidate all anti-drug efforts at the grassroots and instill
commitments among Barangay residents to fight the problem of drug
menace and eradicate incidence of drug related crimes. The expansion of
the anti-drug abuse council in the Barangay level was established.
The DILG issued Memorandum Circular 98-227 creating the... Barangay
Anti-Drug Abuse Councils (BADAC).
FUNCTIONS OF BADAC
1. Plan, Strategize, implement and evaluate programs and projects on
drug abuse prevention in the Barangay.
2. Coordinate and collaborate with other institutions implementing
programs and projects on drug abuse at the Barangay level.
3. Continuously gather and update data on drug abuse and its effect
on the peace and order situation in the Barangay including listing
of drug abusers and pushers.
4. Submit a monthly report to the Provincial / Municipal / City field
office.
5. Refer users and pushers to the police and other institutions for
corresponding sanctions, rehabilitation and/or counseling.
6. Perform other related functions.
Organizational Chart of
Barangay Anti-Drug Abuse Council (BADAC)
Punong Barangay as
Chairperson

Page 28 of 88

Barangay Kagawad as
Vice -Chairperson
Parents/Teacher Assn. (PTA) or
(Representative ) as
Member

SK Chairman as
Member
School Principal (Public) or
(Representative) as
Member

President Home Owners Assc. as

Member

Ex-O Tanod as
Member

Religious Organization
Rep. as
Member

NGO/Socio-Civic Rep. as
Member

The DILG through the National Barangay Operations Office (NBOO) shall
monitor compliance of the BADAC while the National Drug Law
Enforcement and Prevention Coordinating Center (NDLEPCC) of the PNP
shall provide technical assistance in anti-drug abuse activities at all levels.
The DILG Regional Directors shall disseminate the said existence and
function of BADAC to all Barangays within their respective jurisdiction.

CORRELATION BETWEEN Dangerous Drugs Board,

Administrative Board (AB), Anti-drug Abuse Council (ADAC) and
Barangay Anti-Drug Abuse Councils
Dangerous Drugs Board

Local Government Units

Administrative Board
(AB)

Page 29 of 88

Hears Drug abuse

complaints
Formulates policies
Guidelines and programs
Develops Comprehensive,
Integrated and Unified antidrug abuse Programs

Ensures anti-drug abuse

program relating to
Treatment and
rehabilitation of drug
dependents

Ensures full compliance

to Ra 9165
Ensures full compliance
to ADAC

Local Government Units

Anti-Drug Abuse Councils (ADAC)

Local Government Units

Barangay Anti-Drug Abuse Councils (BADAC)

COMMUNITY

IV.TREATMENT and REHABILITATION

It is a declared 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;
Article VII of RA 9165 provides for a program for the treatment and
rehabilitation drug dependents. Section 81 (b) of RA 9165 empowers the
Dangerous Drugs Board to promulgate rules and regulations as maybe
necessary to carry out the purposes of the said Act.
(Please refer to Annex F)
Application for Voluntary Confinement
Page 30 of 88

a) Any drug dependent may by himself/herself or through his/her parent,

spouse, guardian or relative within the fourth degree of consanguinity
or affinity, may file a verified application to the Board for voluntary
confinement for treatment and rehabilitation.
b) Upon receipt of the verified application, the Board shall order that the
applicant or the person in whose behalf the application is filed be
examined for drug dependency by a DOH-accredited physician. The
certification by the examining physician shall state, among others,
whether the immediate confinement of the drug dependent is
recommended, taking into consideration his/her level of drug
dependency and the potential danger he/she may pose to
himself/herself, his/her family and the community.
c) Upon issuance of a certification by the examining physician that the
applicant or the person in whose behalf the application is filed is a drug
dependent and his/her confinement in a treatment and rehabilitation
center is recommended, the Board shall file a petition with the
appropriate Court for the confinement of the said drug dependent for
treatment and rehabilitation pursuant to Section 54 of R.A. 9165.
d) If the examining physician recommends the immediate confinement of
the drug dependent, the Board shall order his/her temporary
confinement in a government or private treatment and rehabilitation
center, at the option of the applicant, at his/her expense, pending the
issuance of the commitment order of the Court. The temporary
confinement of the drug dependent shall not exceed fifteen (15) days
and it shall be duly alleged in the petition of the Board to be filed with
the Court.
e) Upon the petition of the Board, the Court shall order that the applicant
be examined for drug dependency or shall take cognizance of the
certification of the examining physician mentioned in paragraphs (b)
and (c) hereof. 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
first-time offender and non-confinement in a Center will not pose a
serious danger to himself/herself, his/her family or the community.
Page 31 of 88

f) Confinement in a Center for treatment and rehabilitation shall not

exceed one (1) year, after which time the Court, as well as the Board,
shall be apprised by the head of the Center of the status of said drug
dependent and determine whether further confinement will be for the
welfare of the drug dependent and his/her family or the community.
The Authorized Representative of the Board:
a. In connection with the implementation of the provisions of Section 2
hereof, the Executive Director of the Board is hereby authorized to act
for and in behalf of the Board, and is further authorized to designate
any Provincial or City Health Officer, Provincial or City Social
Welfare and Development Officer, Provincial or City Local
Government Operations Officer of the DILG, Provincial or City
Schools Division Superintendent of the DepEd and Regional,
Provincial or City Parole and Probation Officer of the PPA to perform
the aforesaid delegated authority. The Representatives of the Board
designated by the Executive Director shall be assisted by the
Department of Justice, through the Public Attorneys Office, in the
performance of their delegated authority, unless the applicant retains
the services of a private counsel at his/her expense. The Executive
Director and all other authorized representatives shall render a monthly
report to the Board on all applications for voluntary confinement
received, the corresponding actions taken, and the status thereof.
b. The document to be issued by the Executive Director of the Board
designating the Provincial or City Representatives of the Board shall
state their specific duties and responsibilities, as follows:
1. To receive verified applications for voluntary confinement for
treatment and rehabilitation;
2. To order the drug dependency examination of the applicant or the
person in whose behalf the application is filed by a DOHaccredited physician;
3. To order the temporary confinement, not exceeding fifteen (15)
days, of the drug dependent;
4. To file the petition for voluntary confinement for treatment and
rehabilitation, for and in behalf of the Board, with the appropriate
Court;
5. To appear and represent the Board during the hearing of the
petition with authority to make stipulation of facts;
Page 32 of 88

6. To designate the Center where the drug dependent shall be

confined
or the DOH-accredited physician in whose care the
drug dependent shall be placed under;
7. To receive reports from the head of the Center or DOH-accredited
physician regarding the status of the drug dependent; and
8. To furnish the Board with copies of all applications, issued orders,
petitions and other pleadings, reports and other documents in
connection with the exercise of their delegated authority.
Confidentiality of Records
a) Judicial and medical records of drug dependents under the voluntary
submission program shall be confidential and shall not be used against
him/her 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.
b) However, where the drug dependent is not exempt from criminal
liability under Section 55 of R.A. 9165, or when he/she is not rehabilitated
under the voluntary submission program, or when he/she escapes again
from confinement after recommitment, the records mentioned in the
immediately preceding provisions, which are necessary for his/her
conviction, may be utilized as evidence in court against him/her.

FLOWCHART FOR VOLUNTARY CONFINEMENT

FOR DRUG REHABILITATION
Voluntary Applicant
Parent/Spouse/Guardian or
Relative (w/in 4th degree of
Consanguinity)
Verified Application For
Voluntary Confinement

BOARD
Page 33 of 88

DOH accredited
Physician
Yes

BOARD

No
Immediate
Confinement

BOARD
Petition for
Confinement

Private Rehab
Center

**

Government
Rehab Center

Rehab Center for NLT 6

Months; NMT 1 Year

*(Immediate Confinement) The Temporary Confinement of a drug

dependent shall not exceed fifteen (15) days and it shall be duly
alleged in the petition of the Board to be filed with the Court.
**Provided: That a drug dependent maybe 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 first time offender and non
confinement in a Center will not pose a serious danger to
himself/herself, his/her family or the community.

TEMPORARY RELEASE AND AFTER CARE PROGRAM

a. 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 aftercare 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 and subject to the guidelines on aftercare
provided for in Board Regulation No. 1, Series of 2006.
b. If, during the period of aftercare and follow-up, the drug dependent is
certified to be rehabilitated, he/she may be discharged by the Court,
Page 34 of 88

subject to the provisions of Section 55 of R.A. 9165, without prejudice

to the outcome of any pending case filed in court.
c. However, should the DOH find that during the initial after-care and
follow-up program of eighteen (18) months, the drug dependent
requires further treatment and rehabilitation in the Center, he/she shall
be recommitted to the Center for confinement. Thereafter, he/she may
again be certified for temporary release and ordered released for
another aftercare and follow-up program pursuant to this Section.

COORDINATION BETWEEN PDEA AND OTHER AGENCIES

AND LAW ENFORCERS
PDEA AND OTHER LAW ENFORCERS
1) The PDEA shall be the lead agency in the enforcement of the Act,
while the PNP, the NBI and other law enforcement agencies shall
continue to conduct anti-drug operations in support of the PDEA:
Provided, that the said agencies shall, as far as practicable, coordinate
with the PDEA prior to anti-drug operations; Provided, further, that,
in any case, said agencies shall inform the PDEA of their anti-drug
operations within twenty-four (24) hours from the time of the actual
custody of the suspects or seizure of said drugs and substances, as well
as paraphernalia and transport equipment used in illegal activities
involving such drugs and/or substances, and shall regularly update the
Page 35 of 88

PDEA on the status of the cases involving the said anti-drug

operations; Provided, furthermore, that raids, seizures, and other antidrug operations conducted by the PNP, the NBI, and other law
enforcement agencies prior to the approval of this IRR shall be valid
and authorized; Provided, finally, that nothing in this IRR shall deprive
the PNP, the NBI, other law enforcement personnel and the personnel
of the Armed Forces of the Philippines (AFP) from effecting lawful
arrests and seizures in consonance with the provisions of Section 5,
Rule 113 of the Rules of Court.
2) Roles of the PNP, NBI, Bureau of Customs and Other Law
Enforcement Agencies The PDEA may enter into a Memorandum of
Agreement (MOA) with the PNP, the NBI, the Bureau of Customs and
other law enforcement agencies to carry out the implementation of the
Act, provided that the respective MOAs shall include specific roles of
enumerated agencies in the administrative and operational matters.
Said MOAs shall be entered into by the PDEA and the respective
agencies fifteen (15) days after the implementation of this IRR. *
_____________

IRR of RA 9165 Comprehensive Dangerous Drugs Act of 2002.

Article 9 Section 86 par. (b) and (c)

THE CLEANSING OF DRUG INFESTED BARANGAYS

Dangerous Drugs Board Resolution No. 12, Series of 2004, which
provides for guidelines on clearing of drug-affected Barangays, was issued
empowering the Barangay Anti-Drug Abuse Councils (BADAC) to
implement government strategic policies on drug prevention and control
given the political and police powers of the Barangay to administer the
affairs of the community;
There are shortcomings in the implementation of the Barangay drugclearing operations due to the dynamics of the drug problem. There are
confused roles and responsibilities of the agencies involved, inadequate
resources, and lack of management commitment.
In order to make the clearing of drug-affected Barangays more effective,
Dangerous Drugs Board Regulation No. 2 S. of 2007 was formulated.
Page 36 of 88

There is need to craft a more practical set of guidelines, considering the

number of agencies involved and the complexity of said operations, a
prescribe Guidelines in the Conduct of Barangay Drug-Clearing
Operations is strengthened hereunder.
BARANGAY DRUG-CLEARING OPERATIONS
The clearing of drug-affected Barangays shall be conducted in three (3)
phases, namely: (a) Pre-Operation Phase; (b) Operation Phase; and (c)
Post-Operation Phase. All Phases shall be closely monitored, supervised
by DDB-PDEA.
A. Pre-Operation Phase The activities to be undertaken under this stage
shall commence with laying the groundwork and bases for effective and
sustainable clearing operations against drug-affected Barangays:
1. Activation of BADACs, BADAC Auxiliary Teams and SK in each
barangay, definition, and allocation of responsibilities for barangay
drug-clearing activities. [OPR: CLGOO/ MLGOO supported by
Local PNP Unit]
2. Capability enhancement of all stakeholders in Barangay clearing
operations through the conduct of basic drug prevention and control
seminars, giving emphasis to collection and analysis of drug-related
information and prevention education. [OPR: Local PNP Unit
supported by Local Government Health Officer, Local
Government Social Welfare Officer, DECS Representative, & SK
Chairman]
3. Identification, recruitment and training of local counselors by Change
Agents/NGO who will take charge of persuading parents of drug
dependents to submit the later for voluntary rehabilitation or counsel
those who will be treated outside of the center. [OPR: DDB-PDEA
supported by Religious/NGO/ChangeAgents, PNP, DEPED/CHED,
Local Government Social Welfare, & SK Chariman]
4. Organization of house clusters with designated cluster leader in each
Barangay. The cluster leader shall directly report to the
BADAC Chairman all essential facts of any illegal drug activities
within his/her cluster, such as name(s) of pushers/users, marijuana
cultivation activities, clandestine laboratory operations and other drugrelated data.[OPR: Local PNP Unit supported by Local
Government Social Welfare Officer, Local Government Health
Officer & BADAC]
5. Submission by the BADAC Chairman of consolidated information
report to CADAC/MADAC and local police unit concerned for the
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formulation and validation of watchlist of drug personalities in every

Barangay.[OPR: BADAC Chairman supported by Local PNP Unit]
6. Determination of priority drug-affected Barangays, taking into
consideration the number of drug users/pushers and the gravity of the
drug problem in the area, for the conduct of police operations and
advocacy/preventive education seminar.[OPR: Local PNP Unit
supported by Local Government Health Officer, Local
Government Social Welfare Officer, DECS Rep & SK Chairman]
7. Enactment of city or municipal ordinances creating Administrative
Boards to hear and act on complaints regarding public nuisances
pursuant to Section 52, Article VII of Republic Act 9165. [OPR:
Local Sanggunians]
8. Establishment of Rehabilitation Referral Desk in every barangay
to endorse drug dependents to the duly authorized representative of the
Dangerous Drugs Board pursuant to Article VIII of RA 9165 and
pertinent issuances of the Board. [OPR: Local Government Health
Officer and Local Government Social Welfare Officer in
coordination with the Treatment and Rehabilitation Center (TRC)
Administrator
B. Operation Phase The objective of the operation phase is the actual
implementation of the drug supply and demand reduction strategies in
priority drug-affected Barangays.
1. Arrest of identified drug users/pushers through citizens arrest, buybust operation, and service of Search Warrants and Warrants of Arrest.
[OPR: PDEA, Local PNP & City/Mun. Prosecutor]
2. Administrative searches (regulatory inspections) of suspected drug
dens, clandestine laboratories and chemical warehouses in coordination
with City/Municipal regulatory offices. [OPR: Local PNP Unit, Local
Government Health Officer, Local BFP Unit & other concerned
local offices]
3. Filing of complaints for abatement of public nuisance with the City/
Provincial/Municipal Administrative Boards against places or premises
used as sites of unlawful sale or delivery of dangerous drugs pursuant
to Section 52, Article VII of RA 9165.[OPR: Local PNP Unit, Local
Govt. Health Officer & Local BFP Unit]
4. Conduct of advocacy and/or preventive education seminars, giving
emphasis to the role of parents and children in the anti-drug campaign,
ill-effects of drugs and consequences of drug abuse. This includes the
conduct of lectures on the proper procedures on rehabilitation of drug
dependents pursuant to RA 9165 and pertinent DDB
Page 38 of 88

Regulations.[OPR: Local Government Social Welfare Officer,

Local Government Health Officer, DECS Representative, BADAC,
Religious/NGO & Local PNP Unit]
5.
Processing of application for voluntary or compulsory rehabilitation
pursuant to pertinent DDB Regulations. [OPR: Local Government
Health Officer & Local Government Social Welfare Officer]
C. Post - Operation Phase -This phase aims to maintain the DRUGCLEARED status of the Barangays after drug-clearing operations thru
support activities to be funded from the general fund of the Barangay.
1. Implementation of sustainable support projects such as sports religious
and social activities in the Barangay. [OPR: SK Chairman supported
by Church Group Representative, Local PNP Unit, Local
Government Social Welfare Officer, Local Government Health
Officer & Local Sanggunian]
2. Conduct of regular lectures, programs or fora on the ill-effects of drug
abuse and the implementation of measures towards drug abuse
prevention and eradication. [OPR: Local PNP Unit supported by
Local Govt. Health Officer, Local Govt. Social Welfare Officer,
DECS Representative, SK Chairman & Local Sanggunian]

FLOW CHART OF THE CLEARING PROGRAM FOR DRUGINFESTED BARANGAY.

Page 39 of 88

REHAB/REFORM PROGRAM FOR SUBSTANCE ABUSERS

i.

Rehabilitation Or Reformation?
The principles involved in the rehabilitation or reformation of either a
delinquent or a substance abuser are almost similar. The only difference is
that the reformation of substance abuser includes a meticulous
consideration of the physical-medical aspect, which is Detoxification:
the process which an abuser undergo to relieve him from his addiction
which severely impairs his/her normal responses and physical condition.
Thus, this area needs careful attention by a physician while a program is
laid out for her/his rehabilitation and reformation.
The physical aspect is therefore more in the realm of rehabilitation
while the behavioral aspect is more in the realm of reformation.

ii.

Approaches In Rehabilitation Of Substance Abuser

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Basically, there are two approaches used today in the treatment and
rehabilitation of a substance abuser: The drug-substitute approach; and the
Drug-free or Drug-less approach.
As their names suggest, the former approach makes use of substitute
drugs to cushion supposedly the effects of withdrawal from the substance
abused; while the latter approach simply allow the natural or normal
course of withdrawal to transpire.
The former approach allegedly aims to help ease the pain and
sufferings of the addict; the latter deliberately aims to allow the substance
abuser to experience the pains of withdrawal as part of the
reformation strategy. Of course, the professional-clinical eye of a
physician is sought for any eventualities. This is vital, thus a general
physical examination is done to the subject at the start of the program.
It is also believed by most drug-free approach advocates that this is the
most effective approach to rehabilitation. With the support of natural
techniques such as cold shower, water therapy, sweat shop exercise
etc., the ability of the body chemistry to normalize is believed to be
hastened. Believers of the drug-free approach usually disallow even the
use of nicotine or tobacco-cigarette smoking in the center.
REFORMATION PROGRAM: A THREE DIMENSIONAL
APPROACH
iii.

Basis for a Three-Dimensional Approach

In designing a rehab/reform program for any nation or country, it is but

logical for the cultural orientation of the people to be considered. The
Philippines is a Christian nation, predominantly Catholics, whose belief
and faith is primarily based on the bible. Therefore, a faith-based
approach for Christianity-oriented wards is basically a bible-based one.
The biblical precept is that man is a triune being, made after the image
and likeness of the Triune God. Man is triune because he is body, soul and
spiritthis is after Gods image.
The bible says God took dust and formed mans body with this own
hands and He breathed (imparted His Spirit) into mans nostrils and thus
became a living soul.
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Man, the inner man, is therefore a soul.

And the Soul is after Gods likenesstriune: The Will, the Intellect,
and the Emotion. All these emanates from the Soul: Emotion which
includes feelings is a manifestation of a living soul; so is the intelligence
and the will-power of a man.
In preparing a rehab/reform program both for the delinquents and
substance abuser, the triune being of a man must primarily be
acknowledge and considered. This is the basics of rehab-reform programs,
from a biblical perspective. In fact, THIS IS THE BASIS FOR ALL
ASPECTS OF HUMAN DEVELOPMENT, whether in educational or
industrial institutionsincluding penology, corrections or juvenile
delinquent reformation. This is basic.
For consistency and for the purpose of developing a structured,
systematic rehab/reform program from a biblical perspective (applying
biblical principles, a three-phased program addressing the three or
dimensions of human development (body, soul, spirit) is hereinafter
presented. A similar approach in the Christian mission parlance is called
the holistic ministry or ministrations.
The program is subdivided into three-phases, each phase
correspondingly focuses on a particular dimensions, to wit:
PHASE I Body or Physical Dimension
PHASE II Soul or Psyche Dimension
PHASE III Spirit or Pneuma Dimension
Despite this type of sequencing, each phase from I to III actually
addresses and takes into consideration the total man (body, soul, and
spirit), a constant three-dimensional approach.
In every phase, the program of activities, disciplinary requirements and
rules confront, touch, and deal with all the three dimensions of man. Only,
the emphasis is placed to zero-in or focus on the particular dimension
corresponding to the phase.
For example, Phase I, the emphasis and focus of the program is on the
physical (body), yet a lot of disciplinary rules, requirement and activities
is simultaneously and consequently aimed at the persons psyche (soul)
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and pneuma (spirit). And this goes on to Phase II and III, where the
emphasis and focus shifts to the corresponding dimension, but WITHOUT
(and this is important!) relaxing or depleting what has been accomplished
previously.
In short, the program intensifies as it proceeds. The previous gains add
on to the current, as the process goes on to mold and remold the man;
develop a benevolent pattern for living; impressed a bright; godly outlook
in life; build and strengthen a positive response mechanism in the inner
man to face and handle stresses, challenges and trials in life.
THE PROCESS OF REHAB/REFORM PROGRAM
iv.

First Phase And The First Dimension: Body

The substance abuser is generally of poor health condition- physically

and mentally. Upon confinement, withdrawal symptoms are first to be
observed. He usually project a cynical and circumspect attitude, specially
of his confinement is involuntary (due to arrest or parental
representations)
Delinquents and substance abusers are basically liars and at times
could be very arrogant and self-righteous. He is very evasive to queries
and wily. Spiritually speaking, there is a controlling spirit that overpowers
his will. Thus, program starts with Reception &Diagnostic (R&D)
v.

The Total Stripping Process Or Method (TSP)

As a preliminary process, upon admission for confinement, a

substance abuser (or delinquent for that matter) is stripped of all his
personal possession. Meaning, he is allowed and given only a pair of
confinement clothes and underwear and nothing more. This is for security
precaution as well as the first attempt on his physical rehab and mental
reformation.
This process is: the Total Stripping Process(TSP). The bible teaches
that apart from God (Christ) we are nothing and can do nothing. For
indeed the creature was created for the ultimate purpose of the Creator.
On its own (apart from the Creator) the creature loses its purpose and
meaning for existence. Yes, purpose meaning is the first and basic
principle in appreciating existence and life.
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Thus, this TSP aims to strip the delinquent/addict of all false

pretensions, of self-righteousness, of misconceptions and misperceptions
of reality and life, of self-centeredness, and of misappraisal of himself. In
short, let the subject start with zero slate like a new-born babe- naked
and blank (for biblical references see Jn 15:5, Is. 53:6, Is. 64:6
Delinquent and drug abusers, as earlier in the previous chapters, are
rebels. Rebels have indeed distanced themselves from the true one and
holy God. Although he may have other gods and goddesses and may seem
religious but unholy. Again, the main objective of this TSP is to inject the
awareness of mans total depravity apart from Gods grace. That he is a
sinner. He needs a Saviour,and he needs God. TSP shoots at the bloated
ego and self-centeredness, yet paradoxically, with low self-esteem. He
need to realize the kind of existence he has brought himself into.
The TSP takes about two to four weeks.
TSP is part and parcel of the Reception &Diagnostic phase, the PHASE I
proper. This includes the period of complete isolation: no visitors allowed.
R and D includes I.Q. and Psycho tests, medical examination,
orientation on central rules, light exercises, and basic counseling
(debriefing) and discipline in personal hygiene.
The security aspect as well as the facilitation of the abusers physical
rehabilitation is best achieved through this process. He needs to be
dressed lightly and comfortably, so as to enable him to respond to his
withdrawal symptoms move hastily and conveniently, as well as do his
indoor exercises. He can also don and doff his clothes fast as he takes his
cold showers in time of severe withdrawal symptoms.
In a Church-based KAPATIRAN Transformation Center or Christian
centers there is emphasis in prayer during this withdrawal period. Many
times, this withdrawal symptom is hardly present or detectable among
wards in these Christian centers when they are prayed over or taught to
pray when such withdrawal attack is imminent. Also, the lack of tools to
hurt himself at this critical, emotion-charged state is a deterrent for
abusers with suicidal tendencies.
The first phase therefore of such a reformation program is twopronged: physical reconditioning (morning calisthenics, marching drills,
sports, etc.) and basic behavioral reprogramming (inculcation of basic
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self-discipline such as in personal hygiene). As in the old clich, sound

mind in a sound body.
vi.

The Second Phase And The Second Dimension: Soul

The second dimension on human development is in the area of the

soulcomposed of the INTELLECT (mind), the EMOTIONS (including
feelings) and the WILL. The second phase of a reformation program
addresses pointedly this aspect in the soul dimension. It is here the subject
is encouraged to find or rediscover his interest and skills. He is given
education or the opportunity to educate himself, three-dimensionally.
Increase in group activities and social interaction is done at this stage.
Competition in sports and parlor games are encouraged. This of course is
coupled with intense counseling sessions and group dynamics. Again, in
a KAPATIRAN Transformation Center, it is here that the Word-Approach
Counseling is introduced during their group dynamics.
This takes about ten sessions and reviewed as many times during their
entire period of confinement. Also, in this group dynamics, praying for
one another as well as knowledge in biblical prayer is imparted.
The emotional stability of a person is tested at this stage as well as
gauges the level of their stress perseverance. During this stage, the
opportunity to gain spiritual experience (the reality of God) is initiated
through personal prayer and testimonies to answered prayers.
Challenges are forwarded to individuals as well as a group. A program
is developed for this purpose; e.g. drama, musical concerts and other arts
and cultural activities.
Productivity is also qualified and quantified at this stage, pursuing
formal or informal education, in the area of agriculture, construction, trade
and industry, as the facilities will permit.
Responsibility is given him to care for a first phaser. This is letting him
realize we are our brothers keeper (antidote to selfishness and selfcenteredness).
vii.

Third Phase And The Third Dimension: Spirit

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The third dimension in human development could simply be the

development of God-awareness, reverence and faith in God. The fear
(reverence) of God is the beginning of all wisdom.
At this stage, the Word Approach in Counseling process is heightened
in the Center. His skill to counsel others with confidence and authoritative
reference to the Word (Scriptures or bible) is honed. He is taught to
develop his devotional life as he is motivated to desire a disciplined
prayer, into a delightful experience.
A God-centered life is introduced to him, as he is made aware of his
personal responsibilities to his family, his community and country, and to
his church.
This is also the stage where he is equipped with the spiritual
weapons in the bible to enable him to put up a great defense against
stresses and trials in life that comes our way once in a while.
Side by side with this, at this phase, is the honing of skills for
generating economic and financial support for himself and his family.
Livelihood and entrepreneurial activities are made available for the
subject. Responsibility is inculcated with a strong sense of purpose:
1. He is taught to earn his wage.
2. He is also taught the value of fellowship by experiencing it in
reality, in developing friendship (positive peer pressure) and
lasting relationship with others.
3. He is also trained in time management, and to learn (again by
experience) the value of rest (Sabbath) and healthy recreation (not
gambling and taxing so called sports).
4. He is fully equipped to care for his spiritual life sustaining a
healthy spirit in close, personal relationship with the Lord
through prayer and study of the Word.
Various programs can be designed for this particular phase to address
this all important spiritual (yet most neglected) reformation aspect. By the
way, the opportunity of the ward to pursue his education while confined
must be made available, by correspondence or otherwise.
A. PREPARED FOR THE AFTERCARE
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Henceforth, after completion of the three dimensional program, it is

expected that the subject has already determined the direction of his life
after confinement: the profession, activity or work he intends to pursue.
And the Center has already set the stage for the aftercare program. The
preparation for reintegration of the graduating ward may be a two weeks
to one month orientation, instructions and cross-checking of data given by
the ward or guardians on the activities to be monitored on a graduated
ward,
This may not be a perfect rehab/reform program, but surely the most
ideal. This is one of the best, so far. However, this just a pattern, a guide,
a skeletal structure on which one can develop his program in handling an
individual or group of delinquent and substance abusers. Our prayer is
that this be applied by all those interested or are actually engaged in
combating this social menace, substance abuse and delinquency.
UNLAWFUL ACTS PUNISHABLE UNDER RA 9165
(Everyone Ought to Know, specially BADAC)
Sec. 11. 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:
1) 10 grams or more of opium;
2) 10 grams or more of morphine;
3) 10 grams or more of heroin;
4) 10 grams or more of cocaine or cocaine hydrochloride;
5) 50 grams or more of methamphetamine hydrochloride or shabu;
6) 10 grams or more of marijuana resin or marijuana resin oil;
7) 500 grams or more of marijuana;
8) 10 grams or more of other dangerous drugs such as, but not limited to,
methylenedioxymethamphetamine
(MDMA)
or
ecstasy,
paramethoxyamphetamine (PMA), trimethoxyamphetamine (TMA),
lysergic acid diethylamine (LSD), gamma hydroxybutyrate (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, Art. XI of this
Page 47 of 88

Act.
Otherwise, if the quantity involved is less than the foregoing quantities, the
penalties shall be graduated as follows:
1) 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;
2) 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, methylenedioxymethamphetamine
(MDMA) or ecstasy, paramethoxyamphetamine (PMA),
trimethoxyamphetamine (TMA), lysergic acid diethylamine (LSD),
gamma hydroxybutyrate (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;
3) 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,
methylenedioxymethamphetamine
(MDMA)
or
ecstasy,
paramethoxyamphetamine (PMA), trimethoxyamphetamine (TMA),
lysergic acid diethylamine (LSD), gamma hydroxybutyrate (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.
Page 48 of 88

SEC. 12. 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.
SEC. 13. 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 the dangerous drugs.
SEC. 14. 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.
SEC. 15. 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
Page 49 of 88

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
10 of this Act, in which case the provisions stated therein shall apply.
SEC. 16. 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 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.
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Sec. 17 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.
SEC. 18. 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.
SEC. 19. 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.
SEC. 24. 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.

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SEC. 25. 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.
SEC. 26. 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:
a.
b.
c.
d.
e.

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; and
Cultivation or culture of plants which are sources of dangerous
drugs.

SEC. 27. Criminal Liability of a Public Officer or Employee for

Misappropriation, Misapplication or Failure to Account for the
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 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.

Page 52 of 88

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.
SEC. 28. 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.
SEC. 29. 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.
SEC. 30. 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.
SEC. 31. 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.
Page 53 of 88

SEC. 32. 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.
VII. DISPOSITION AND CUSTODY OF SEIZED DRUG ITEMS
AND OTHER PARAPHERNALIA.
This enumerates the comprehensive procedure on the proper disposition
and custody of seized drug items and other paraphernalia. RA 9165 states
the following provisions of the law:
SEC. 20. 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.
Page 54 of 88

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.
SEC. 21. 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:
1.

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, and any elected public
official who shall be required to sign the copies of the inventory
and be given a copy thereof.

2.

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.

3.

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
Page 55 of 88

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.
4.

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 twentyfour (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
Department of Justice, 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.

5.

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.

6.

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
Page 56 of 88

shall appoint a member of the public attorneys office to represent

the former.
7.

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.

8.

Transitory Provision: a) 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.....

ANNEXES

Page 57 of 88

(Annex-A)
Republic of the Philippines
DEPARTMENT OF THE INTERIOR AND LOCAL GOVERNMENT
A. Francisco Gold Condominium II, EDSA Cor, Mapagmahal St.,
Diliman, Quezon City
MEMORANDUM CIRCULAR
No. 98 - 227
FOR

December 2, 1998

ALL POVINCIAL GOVERNORS, CITY/MUNICIPAL

MAYORS,
PUNONG
BARANGAYS,
DILG
REGIONAL/PROVINCIAL/CITY DIRECTORS AND
FIELD OFFICERS

SUBJECT:
CREATION OF PROVINCIAL, CITY, MUNICIPAL,
AND BARANGAY ANTI-DRUG ABUSE COUNCILS
The Constitution mandates that the government shall promote
of life of the people. Towards this end, Section 16 of
Government Code of 1991 provides that local government
pursue undertakings to improve public morals and maintain
order, among other equally significant concerns.
Page 58 of 88

the quality
the Local
units shall
peace and

The increasing use of illegal drugs has significantly contributed to the

incidence of heinous crimes. The problem on illegal drugs has to be
addressed much more effectively to help ensure community peace and
harmony.
CREATION OF ANTI-DRUG ABUSE COUNCILS
In furtherance of overall government efforts to address the above
mentioned problem, all provinces, cities, municipalities and Barangays are
hereby enjoined to create their Local Anti-Drug Abuse Councils, to be
composed of the following:
Governor/Mayor/Punong Barangay
Chairman
PNP Provincial/City Director/Chief of Police
Vice Chairman
DILG Provincial /City Director/CLGOO/MLGOO - Member
DECS Division Superintendent/District Supervisor - Member
DOJ Provincial/City Prosecutor
Member
Provincial/City/Municipal Health Officer
Member
Provincial/City/Municipal Social Welfare Officer - Member
Provincial/City/Municipal Information Officer Member
NGO/Socio-Civic Group Representative
Member
Church Group Representative
Member
ROLES AND RESPONSIILITIES OF THE COUNCILS
The Local Anti-Drug Council shall perform the following rules and
responsibilities:

Serve as a focal point through which various organization and

individuals work together cooperatively in the planning,
implementation and evaluation of programs on drug abuse
prevention;
Provide from an effective mechanism for the coordination of
existing services and program and those which might be developed
in the immediate future;
Provide for a mechanism to obtain funds, volunteers, facilities and
technical expertise; and
Perform other related responsibilities as may be assigned by
competent authorities.
Page 59 of 88

All department issuances which are deemed inconsistent with this

Memorandum Circular are hereby repealed or modified accordingly.
All DILG Regional Directors are likewise hereby directed to cause the
widest dissemination of this Memorandum Circular, provide assistance,
where necessary and as may be appropriate, and to see to it that he intent of
this directive is complied with.
For the information and guidance of all concerned.
(ORIG. SIGNED)
RONALDO V. PUNO
Undersecretary

Composition Of Barangay Anti-Drug Abuse Council (Badac)

Punong Barangay
Chairman
Barangay Kagawad
Vice-Chairman
(In charge of peace and order)
SK Chairman
Member
School Principal
(Public) or (Representative)
Member
Ex-O Tanod
Member
NGO/Civil Society Rep. Member
Parents-Teachers Assn. (PTA) or (Representative) - Member
Pres. Home Owners Assc.
Member
Religious Organization Rep.
Member
In addition, the City/Municipal/Chief of Police or his representative shall
act as the adviser of the BADAC
FUNCTION OF THE BADAC:
1. Plan, Strategize, implement and evaluate programs and projects on
drug abuse prevention in the Barangay
2. Coordinate and collaborate with other institutions implementing
programs and projects on drug abuse at the Barangay level
3. Continuously gather and update data on drug abuse and its effect
on the peace and order situation in the Barangay including listing
of drug users and pushers.
Page 60 of 88

4. Submit a monthly report to the City/Municipal Anti-Drug Abuse

Council thru the DILG City/Municipal Field Office.
5. Refer users and pushers to the police and other institutions for
corresponding sanctions, rehabilitation and/or counseling.
6. Perform other related functions.
This Department through the National Barangay Operations Office
(NBOO) shall monitor compliance of this issuance particularly
functionality o the BADAC while the National Drug Law Enforcement &
Prevention Coordinating Center (NDLEFCC) of the PNP shall provide
technical assistance in anti-drug abuse activities at all levels. Further, the
DILG Regional Directors shall disseminate the issuance to all Barangays
within their respective jurisdiction.
For Compliance.
(ORIG. SIGNED)
RONALDO V. PUNO
Secretary
(Annex B)
Republic of the Philippines
DEPARTMENT OF THE INTERIOR AND LOCAL GOVERNMENT
A. Francisco Gold Condominium II, EDSA Cor, Mapagmahal St.,
Diliman, Quezon City
June 22, 1999
MEMORANDUM CIRCULAR
No. 99-106
FOR

ALL PROVINCIAL GOVERNORS, CITY MAYORS,

MUNICIPAL MAYORS, DILG, REGIONAL DIRETORS
AND OTHERS CONCERNED

SUBJECT :SUPPLEMENTING MEMORANDUM CIRCULAR NO. 98227 DATED DECEMBER 2, 1998

Memorandum Circular No. 98-227 entitled, Creation of Provincial, City,

Municipal, and Barangay Anti-drug Abuse Councils, is hereby
supplemented to include the Provincial Vice-Governors, City Vice mayors
and Municipal Vice Mayors as members of the Provincial, City and
Municipal Anti-Drug Abuse Councils respectively.
Page 61 of 88

For the information and guidance of all concerned.

(Orig. Signed)
RONALDO V. PUNO
Secretary

(Annex C)
Republic of the Philippines
DEPARTMENT OF THE INTERIOR AND LOCAL GOVERNMENT
Francisco Gold Condominium II, EDSA Cor, Mapagmahal St.,
Diliman, Quezon City
January 23, 2004
MEMORANDUM CIRCULAR No. 2004-07
FOR : ALL POVINCIAL GOVERNORS, CITY/MUNICIPAL
MAYORS,
PUNONG
BARANGAYS,
DILG
REGIONAL/
PROVINCIAL/CITY DIRECTORS AND FIELD OFFICERS
SUBJECT:
EXPANSION OF THE BARANGAY ANTI-DRUG
ABUSE COMMITTEE (BADAC) THROUGH ORGANIZATION OF
BADAC AUXILLARY TEAM AND FOR OTHER PURPOSES
RATIONALE:
The surge of drugs has assumed alarming proportions in the country over
the past three decades. Drugs are threat to health and a serious threat to the
well-being and security of the residents due to drug related crimes.
Moreover, the proliferation and use of illegal drugs hamper efforts aimed at
Page 62 of 88

promoting peace and harmony as well as meaningful social and economic

development in the country.
Major improvements have been made especially with the passage of RA
9165 or Comprehensive Dangerous Drugs Act of 2002 which expanded the
range of unlawful acts, increasing penalties imposed on drug related crimes
and reducing the threshold quantities for non-bailable offenses. Most
notable are the progress made in the dismantling of some 19 large illegal
drug laboratories and clearing of thousands drug affected Barangays.
However, there is a necessity to accelerate the campaign against illegal
drugs in our communities to attain our target of drug free communities
before 2010. There is a need for more community initiatives where
everyone can participate to combat the evils spawned by drug abuse. We
need the participation of all sectors: the elderly, the youth, the families,
religious organizations, the school, the Barangay government since local
institutions and residents are in the best position to combat problems of the
community.
It is for these reasons that we need to empower the BADACs to be more
effective by providing them with more impetus for action and by
expanding their membership through organization of BADAC Auxillary
team, hence this issuance.
OBJECTIVES:
General: To consolidate all anti-drug efforts at the grassroots and instill
commitments among Barangay residents to fight the problem of drug
menace and eradicate incidence of drug related crimes before 2010.
SPECIFIC:
1. Expand the present BADAC to include volunteers who shall
organize themselves into BADAC Auxiliary team representing all
sectors of the community,
2. Strengthen community anti-illegal drug campaign in collaboration
with concerned government agencies, entities and people
organizations in the Barangay,
3. Sustain continuing information on anti-illegal drugs and the
menace of drug addiction in the community through leaflets,
streamers, banners and posters locally prepared by students,
children, residents and other organization in the community,
Page 63 of 88

4. Provide alternative activities to prevent drug problems especially

among the youth in the Barangay.
SUGGESTED STATEGIES:

A. To attain these objectives the following shall be undertaken by

the Sangguniang Barangay and the existing BADACs:
1. Organize the BADAC Auxiliary Team with 25 members per 200
population of the Barangay representing streets, Puroks,
subdivisions or Sitios with the following functions:
a. Identify and report to the BADAC, drug dependents
cases and / or suspected pushers / illegal drug laboratories in
his area.
b. Assist in the conduct of information campaign against illegal
drugs and its negative consequences.
c. Help facilitate in the preparation and distribution of
information materials in collaboration with the school,
neighborhood associations, etc.
d. Initiate the conduct of neighborhood activities to
prevent drug addiction in his area of operation especially
among children and youth.
The BADAC Auxiliary team may elect their team coordinators, and other
officers to make the team more functional and effective
2. Prepare a Barangay situational analysis/assessment of the drug
problem in the Barangay.
3. Identify organizations in the Barangay which shall assist in the
Anti-Illegal Drug Campaign such as Parents Teachers
Commuintiy Association (PTCA), Sangguniang Kabataan (SK),
Boy and Girl Scouts, religious organizations, Senior Citizens,
Homeowners associations, neighborhood associations, purok and
tricycle operators and drivers Association (TODA) and other
organizations existing in the community.
4. Conduct consultative meetings with these identified
organizations/associations/groups and get their commitment to
assist in responding to the drug menace in the community.
5. Orient the BADAC and Auxiliaries on their roles and functions
and in formulating plan of action to address the problem.
Page 64 of 88

6. Conduct activities to prevent drug addiction especially among

children and youth through poster making, paintings, slogans and
jingle contests, cultural , social and sports activities.
7. Strengthen the family in the Barangay by promoting family affairs
and conduct value formation for a on parental care and guidance in
coordination with other peoples organization and concerned
agencies.
8. Link up with the Philippines National Police (PNP) Philippine
Drug Enforcement Agency (PDEA), Dangerous Drugs Board
(DDB), Department of Education (DepED) Commission on higher
education (CHED) National Youth Commission (NYC) and higher
level of Anti-Drug Abuse Councils (ADAC) in the anti-illegal
drugs campaign.
9. Ensure participation of BADACs and their Auxiliary team in
national events to stir outrage against illegal drugs.
B. Higher level LGUs through their respective ADACs shall guide, assist
and support the BADACs and their Auxiliaries in undertaking
activities against drug addiction.
C. DILG Officials at all levels shall assist the ADACs and BADACs by
coordinating with the LGUs in conducting anti-drug abuse planning
workshops, disseminate this issuance and monitor its compliance.
D. Barangay shall report their expanded BADAC or BADAC Auxiliary
Team and Individual members to their respective DILG field officers
within the 1st quarter of the year for record purposes.
(ORIG.SIGNED)
JOSE D. LINA, Jr.
Secretary

Page 65 of 88

(Annex D)
MEMORANDUM CIRCULAR
No. 2009-09
TO: ALL PROVINCIAL GOVERNORS, CITY/MUNICIPAL MAYORS,
PUNONG BARANGAYS, SANGGUNIANS AT ALL LEVELS,
DILG REGIONAL DIRECTORS AND OTHER CONCERNED.
SUBJECT : UNIFIED ACTIONS AGAINST ILLEGAL DRUGS AND
OTHER SUBSTANCES

I.

PURPOSE This Memorandum Circular is issued to emphasize to

local authorities their principal responsibilities in support of overall
government efforts to address illegal drugs and other substances.

II.

COVERAGE All provinces, cities, municipalities and Barangays,

except those in the autonomous region in Muslim Mindanao, are
covered by this Memorandum circular.

III. RESPONSIBILITIES
COMMON
TO
ALL
LOCAL
GOVERNMENT OFFICIALS AT ALL LEVELS.
1. As required under Section 51 to 53 of RA 9165, otherwise known
as the Comprehensive dangerous Drugs Act of 2002, Local Chief
Executives and Sangguniang Members must ensure the mandatory
Page 66 of 88

2.
3.

4.
5.
6.

7.

IV.

V.

inclusion in the Local Annual Budget of a substantial appropriation

that can adequately assist in or enhance the enforcement of RA
9165 giving priority to preventive or educational programs and the
rehabilitation or treatment of drug dependents.
Ensure that the provision of Sections 51 to 53 of RA 9165 shall be
strictly and faithfully enforced.
Initiate the conduct of symposia and dialogues with school
authorities and students, owners and employees of business
establishment, government officials and employees and the general
public.
Ensure the sustainability of rehabilitation or treatment program of
drug dependents.
Ensure the sustainability of rehabilitation or treatment program of
drug dependents.
Cause the enactment of an ordinance complementing the
Comprehensive Drugs Act of 2002, if none has yet been passed, or
to amend the same, to be consistent with the pertinent provisions of
the said act, and ensure the effective enforcement thereof.
Ensure that the Anti-drug Abuse Councils at all levels perform
their functions and responsibilities as embodied in relevant
department issuances.
RESPONSIBILITY OF THE PROVINCIAL GOVERNOR
Ensure that component city Mayors and municipal mayors shall
perform their mandated tasks and responsibilities under Sections
51-53 of RA 9165, in this Circular, and other department
issuances, including the creation and activation of the Anti-Drug
Abuse Councils at all Levels.

RESPONSIBILITIES OF THE CITY OR MUNICIPAL MAYOR

1. Call on the local PNP, pursuant to their power of operational
supervision and control over the local PNP under Section 51 (a) of
RA 6975, as amended by Section 62 of RA 8551, to conduct
periodic or unannounced onsite inspection of dens, resorts, bars,
karaoke bars, nightclubs and other establishments or houses
suspected of being used as drug dens or place of sale or delivery of
illegal drug.
2. Ensure that the Administrative Board under Section 52 (1) of RA
9165 shall be created, functional and shall faithfully discharge their
mandated task to abate nuisance contemplated under the said
provision of RA 9165.
Page 67 of 88

3. Revoke the business permit of any business establishment found

by the Board created under Section 52 (1) of RA 9165 to be the
site of the deliveries , sale and use of illegal drugs and substances.
4. Provide support, financial or otherwise, to the local PNP that is
necessary in its sustained operations against illegal drugs.
5. Ensure that the Punong Barangays under their general supervision
shall perform their responsibilities as embodied in this Circular and
in other relevant Department issuances and pertinent laws.
VI.

RESPONSIBILITIES OF THE PUNONG BARANGAY

1. Shall identify drug affected house clusters, work places, streets,
purok and sitios where delivery, sale or use of illegal drugs are
being conducted and to report the same immediately to the PNP or
the Philippine Drug Enforcement Agency (PDEA)
2. Extend necessary assistance and cooperation, from operations up
to prosecution, to the PDEA and PNP authorities in its operation
against illegal drugs.

SANCTIONS:
All concerned local authorities are hereby advised that:
1. The mandate under section 51 of RA 9165 for Local government
Units to appropriate a substantial portion of their respective
Annual Budgets to assist in or enhance the enforcement of RA
9165 is considered as a mandatory requirement in all budget
preparations in addition to those already mandatorily required
under section 324 of the Local government Code. Accordingly,
every Local government Unit shall be a ground to disapprove the
said Annual Budget on review, Further, failure to include such
appropriation in the said Annual Budget can subject the local
officials concerned to a possible administrative charge of
dereliction of duty.
2. In case of adverse reports from PDEA and/or PNP that illegal
drugs sale delivery and use is rampant within local government
Unit concerned or that the PDEA , PNP and other law enforcement
agencies have uncovered Shabu and other illegal drug laboratories
and marijuana plantation within the area of their jurisdiction, and
the local officials therein, after having been made aware thereof,
failed to take appropriate measures to enforce the pertinent
provisions of RA 965, including abatement of nuisance under
Section 52 thereof, may be charged administratively for gross
Page 68 of 88

negligence or dereliction of duty as maybe warranted by evidence.

Such inaction, despite knowledge of the PDEA or PNP adverse
reports, shall be considered as prima facie evidence for the said
administrative charge/s.
VII.
Repealing Clause
All previous issuances which are inconsistent herewith are hereby
repealed or modified accordingly.
VIII. Effectivity
This Memorandum Circular shall take effect immediately.
(Orig Signed) RONALDO V. PUNO
Secretary
(Annex E)
MEMORANDUM CIRCULAR
No. 2004-211
TO: ALL PROVINCIAL GOVERNEORS, CITY MAYORS,
MUNICIPAL MAYORS, PUNONG BARANGAYS, PDEA DIRECTOR
GENERAL, PDEA REGIONAL DIRECTORS, CHIEF OF THE PNP,
PNP REGIONAL DIRECTORS, DISTRICT, PROVINCIAL CITY
DIRECTORS AND CHIEF OF POLICE , DILG REGIONAL
DIRECTORS, PROVINCIAL CITY DIRECTORS AND MUNICIPAL
LOCAL GOVERNMENT OPERATIONS OFFICERS, AND OTHERS
CONCERNED
SUBJECT:CLEARING OF DRUG AFFECTED BARANGAYS
DATE

27 OCTOBER 2003

PREFARATORY STATEMENT
In her State of the Nation Address (SONA) delivered last July 28, 2003,
Her Excellency, President GLORIA MACAPAGAL ARROYO renewed
her commitment to sustain the intensified campaign against illegal drugs
when she declared, Dadaldhin Ko Ang Labang Ito Sa Bawat Lalawigan
At Lingsod Hangang Umabot Sa Mga Barangay.

Page 69 of 88

Pursuant to the pronouncement of the President, there is an urgent need to

intensify the campaign against illegal drugs, especially the conduct of
clearing operations in drug affected Barangays. Towards this end, the
following guidelines are hereby prescribed for the effective clearing
operations in drug affected Barangays.
GUIDELINES
The process of clearing drug affected Barangays involves a series of
activities to be undertaken in phases, by the Anti-Drug Abuse Committees
at the provincial, city , municipal and Barangay government levels
9PADAC/CADAC/MADAC/BADAC) the Philippine Drug Enforcement
Agency (PDEA) and the PNP.
Designation by the executive Director of the Dangerous Drugs Board
(DDB) of authorized representatives to process petitions for voluntary
rehabilitation pursuant to DDB Resolution No. 2 Series of 2002.
B. CLEARING PHASE
During this phase, the BADACs and the law enforcement units concerned
shall implement the following activities:
1. Administrative searches of suspected drug dens, clandestine
laboratories and chemical warehouse in coordination with City or
Municipal regulatory Officer.
2. Arrest of drug pushers through Citizens Arrest buy bust
operations, and service of Search Warrants and Warrants of Arrest:
3. Filling of complaints of public nuisance with the City/Municipal
Administrative Boards against places or premises used as sites of
unlawful sale or delivery of dangerous drugs pursuant to Section
52, Article VII of republic Act 9165;
4. Counseling of drug experimenters and casual users to inform them
of the ill effects of dangerous drugs and the consequences of drug
use; and
5. Processing of referrals for voluntary rehabilitation of drug
dependents.
C. EMPOWERMENT PHASE
During this phase, the DILG, PADAC, CADAC, MADAC,
BADAC DDB PDEA AND PNP offices concerned shall cooperate to
Page 70 of 88

empower the Barangays to become self-policing communities. The

activities that may be undertaken in this phase shall include, but not
limited to, the following.
1. Mobilization of house cluster, street village, purok and sitios as
well as sectoral organizations to maintain the drug free status of
the Barangay and
2. Implementation of support activities such as livelihood, sports,
religious, and social activities in coordination with non
government and civic organization.
III. PARAMETERS FOR DECLARING A BARANGAY DRUG
FREE
SPECIFIC:
1. Expand the present BADAC to include volunteers who shall
organize themselves into BADAC Auxiliary Team representing all
sectors of the community
2. Strengthen community anti-illegal drug campaign in collaboration
with concerned government agencies entities and people
organizations in the Barangay.
3. Sustain continuing information on anti-illegal drugs and the
menace of drug addiction in the community through leaflets,
streamers, banners, and posters locally prepared by students,
children, residents and other organizations in the community.
4. Provide alternative activities to prevent drug problems especially
among the youth in the Barangay
SUGGESTED STRATEGIES
A. To attain these objectives the following shall be undertaken by the
Sangunianng Barangay and the existing BADACs:
1. Organize the BADAC Auxiliary team with 25 members per 2000
population of the Barangay representing streets, purok, subdivisions, or
sitios with the following functions:
a. Identify and report to the BADAC drug dependent cases and/or
suspected pushers/illegal drug laboratories in his areas.
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b. Assist in the conduct of information campaign against illegal drugs and

its negative consequences.
c. Help facilitate in the preparation and distribution of information
materials in collaboration with the school neighborhood associations,
etc.
d. Initiate the conduct of neighborhood activities to prevent drug
addiction in his area of operation especially among children and youth.
2. Prepare a Barangay situational analysis/assessment of the drug
problem in the Barangay
3. Identify organization in the Barangay which shall assist in the anti
illegal drug campaign and Girl Scouts, religious organizations, Senior
Citizens, homeowners associations, neighborhood associations, puroks
and tricycle operators and drivers Association (TODA) and other
organizations existing in the community.
4. Conduct / consultative meetings with the identified organization /
associations / groups and get their community.
5. Orient the BADAC and auxiliaries on their roles and functions and in
formulating plan of action to address the problem
6. Conduct activities to prevent drug addiction especially among children
and youth through poster making, paintings, slogans and jingle contests
cultural and sports activities
7. Strengthen the family in the Barangay by promoting family affairs and
conduct value formation for a on parental care and guidance in
coordination with other people s organization and concerned agencies.
8. Link up with the Philippine National Police (PNP) Philippine National
Police (PNP) Philippine drug Enforcement Agency 9PDEA)
Dangerous Drugs Board (DDB) Department of Education (DEP ED)
Commission on higher education (CHED) , Liga ng mga Barangay,
National Youth Commission (NYC) and higher level anti-drug abuse
councils (ADAC) in the anti0illegal drug campaign.
9. Ensure participation of BADACs and their Auxiliary team in national
events to stir outrage against illegal drugs
B. Higher level LGUs through their respective ADACS shall guide, assist
and support the BADACs and their auxiliaries in undertaking activities
against drug addiction.
C. DILG officials at all levels shall assist the ADACS and the BADACs
by coordinating with the LGUs in conducting anti-drug abuse planning
workshops, disseminate this issuance and monitor its compliance.
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D. Barangay shall report their expanded BADAC or BADAC auxiliary

team and individual members to their respective DILG field officers
within the 1st quarter of the year for record purpose.
(ORIG. SIGNED) JOSE D. LINA,Jr., Secretary
Attested by : Atty. Alan Roullo Yap, Head Executive assistant
(Annex F)
TREATMENT AND REHABILITATION PROCEDURE
Board Regulation No. 3 Series of 2007
SUBJECT: RULES GOVERNING VOLUNTARY CONFINEMENT
FOR TREATMENT AND REHABILITATION OF DRUG
DEPENDENTS
WHEREAS, under Section 2 of R.A. 9165, otherwise known as the
Comprehensive Dangerous Drugs Act of 2002, it is a declared 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;
WHEREAS, Article VIII of R.A. 9165 provides for the program for the
treatment and rehabilitation of drug dependents;
WHEREAS, there is a need to clarify and supplement the aforementioned
provision of the law in order to expedite and effectively implement the
declared State policy;
WHEREAS, Section 81 (b) of R.A. 9165 empowers the Dangerous Drugs
Board to promulgate such rules and regulations as may be necessary to
carry out the purposes of the said Act;
WHEREAS, Section 81 (q) of R.A. 9165 also empowers the Dangerous
Drugs Board to issue guidelines as to the approval or disapproval of
applications for voluntary treatment, rehabilitation or confinement, wherein
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it shall issue the necessary guidelines, rules and regulations pertaining to

the application and its enforcement;
NOW, THEREFORE, be it resolved, as it is hereby resolved, to
promulgate this Regulation governing the voluntary confinement for
treatment and rehabilitation of drug dependents:
SECTION 1. Definition of Terms. The following are the definitions of
terms used in this Regulation:
Board refers to the Dangerous Drugs Board;
DepEd refers to the Department of Education;
DILG refers to the Department of the Interior and Local Government;
DOH refers to the Department of Health;
DOJ refers to the Department of Justice;
Drug dependency refers to a state of psychological and/or physical
dependence on drugs arising in a person following the administration or
use of the drug on a periodic and continuous basis;
Drug dependency examination - a procedure conducted by a DOHaccredited physician to evaluate the extent of drug abuse of a person
and to determine
whether he/she is a drug dependent or not, which includes history taking,
intake interview, determination of the criteria for drug dependency, mental
and physical status, and the detection of dangerous drugs in body
specimens through laboratory procedures;
Drug dependent a person who regularly consumes or administers or
allows others to administer to him dangerous drugs and has acquired a
marked psychological and/or physical dependence on the drugs which has
gone beyond a state of voluntary control;
DSWD refers to the Department of Social Welfare and Development;
PAO refers to the Public Attorneys Office;
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PDEA refers to the Philippine Drug Enforcement Agency;

PPA Parole and Probation Administration;
Rehabilitation - is a dynamic process directed towards the physical,
emotional/psychological, vocational, social and spiritual change to prepare
a drug dependent for the fullest life compatible with his capabilities and
potentials and render him able to become a law abiding and productive
member of the community without abusing drugs;
Treatment - is the medical service rendered to a drug dependent for the
effective management of his physical and mental conditions arising from
drug abuse;
Treatment and Rehabilitation Center / Center a drug treatment and
rehabilitation center accredited by the Department of Health; and
Voluntary Confinement for Treatment and Rehabilitation - a treatment
and rehabilitation program as provided for in Section 54 of R. A. 9165.
SECTION 2. Application for Voluntary Confinement.

a) Any drug dependent may by himself/herself or through

his/her parent, spouse, guardian or relative within the fourth
degree of consanguinity or affinity, may file a verified
application to the Board for voluntary confinement for
treatment and rehabilitation.
b) Upon receipt of the verified application, the Board shall order
that the applicant or the person in whose behalf the
application is filed be examined for drug dependency by a
DOH-accredited physician.
The certification by the
examining physician shall state, among others, whether the
immediate confinement of the drug dependent is
recommended, taking into consideration his/her level of drug
dependency and the potential danger he/she may pose to
himself/herself, his/her family and the community.
c) Upon issuance of a certification by the examining physician
that the applicant or the person in whose behalf the
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application is filed is a drug dependent and his/her

confinement in a treatment and rehabilitation center is
recommended, the Board shall file a petition with the
appropriate Court for the confinement of the said drug
dependent for treatment and rehabilitation pursuant to
Section 54 of R.A. 9165.
d) If the examining physician recommends the immediate
confinement of the drug dependent, the Board shall order
his/her temporary confinement in a government or private
treatment and rehabilitation center, at the option of the
applicant, at his/her expense, pending the issuance of the
commitment order of the Court. The temporary confinement
of the drug dependent shall not exceed fifteen (15) days and
it shall be duly alleged in the petition of the Board to be filed
with the Court.
e) Upon the petition of the Board, the Court shall order that the
applicant be examined for drug dependency or shall take
cognizance of the certification of the examining physician
mentioned in paragraphs (b) and (c) hereof. 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 first-time offender and non-confinement in a Center will
not pose a serious danger to himself/herself, his/her family or
the community.
f) Confinement in a Center for treatment and rehabilitation shall
not exceed one (1) year, after which time the Court, as well
as the Board, shall be apprised by the head of the Center of
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the status of said drug dependent and determine whether

further confinement will be for the welfare of the drug
dependent and his/her family or the community.
SECTION 3. Authorized Representatives of the Board.
a. In connection with the implementation of the provisions of Section
2 hereof, the Executive Director of the Board is hereby authorized
to act for and in behalf of the Board, and is further authorized to
designate any Provincial or City Health Officer, Provincial or City
Social Welfare and Development Officer, Provincial or City Local
Government Operations Officer of the DILG, Provincial or City
Schools Division Superintendent of the DepEd and Regional,
Provincial or City Parole and Probation Officer of the PPA to
perform the aforesaid delegated authority. The Representatives of
the Board designated by the Executive Director shall be assisted by
the Department of Justice, through the Public Attorneys Office, in
the performance of their delegated authority, unless the applicant
retains the services of a private counsel at his/her expense. The
Executive Director and all other authorized representatives shall
render a monthly report to the Board on all applications for
voluntary confinement received, the corresponding actions taken,
and the status thereof.
b. The document to be issued by the Executive Director of the Board
designating the Provincial or City Representatives of the Board
shall state their specific duties and responsibilities, as follows:
c. To receive verified applications for voluntary confinement for
treatment and rehabilitation;
d. To order the drug dependency examination of the applicant or the
person in whose behalf the application is filed by a DOHaccredited physician;
e. To order the temporary confinement, not exceeding fifteen (15)
days, of the drug dependent;
f. To file the petition for voluntary confinement for treatment and
rehabilitation, for and in behalf of the Board, with the appropriate
Court;
g. To appear and represent the Board during the hearing of the
petition with authority to make stipulation of facts;
h. To designate the Center where the drug dependent shall be
confined
or the DOH-accredited physician in whose care the
drug dependent shall be placed under;
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i.
j.

To receive reports from the head of the Center or DOH-accredited

physician regarding the status of the drug dependent; and
To furnish the Board with copies of all applications, issued orders,
petitions and other pleadings, reports and other documents in
connection with the exercise of their delegated authority.

SECTION 4. Opposition to Temporary Confinement. Any opposition

to the temporary confinement of a drug dependent shall be in writing and
verified. It shall state the grounds for the opposition and shall be filed with
the Office of the Executive Director of the Board. Upon receipt of the
opposition, the Executive Director shall act with all reasonable diligence
and take all measures necessary to resolve the opposition. The temporary
confinement shall stay, unless the opposition clearly shows that the
continued confinement of the drug dependent is detrimental to his/her
physical and mental well-being and that he/she does not pose a danger to
himself/herself, his/her family or the community;
SECTION 5. Temporary Release and Aftercare Program.
d. 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 aftercare 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 and subject to the guidelines on aftercare
provided for in Board Regulation No. 1, Series of 2006.
e. If, during the period of aftercare and follow-up, the drug dependent
is certified to be rehabilitated, he/she may be discharged by the
Court, subject to the provisions of Section 55 of R.A. 9165,
without prejudice to the outcome of any pending case filed in
court.
f.

However, should the DOH find that during the initial after-care
and follow-up program of eighteen (18) months, the drug
dependent requires further treatment and rehabilitation in the
Center, he/she shall be recommitted to the Center for confinement.
Thereafter, he/she may again be certified for temporary release and
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ordered released for another aftercare and follow-up program

pursuant to this Section.
SECTION 6. Probation and Community Service. A drug dependent
who is discharged as rehabilitated by the Center, but does not qualify for
exemption from criminal liability under Section 55 of R.A. 9165, may be
charged under the provisions of the said 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.
SECTION 7. Filing of Charges Against a Drug Dependent Who is Not
Rehabilitated after Recommitment. A drug dependent, who is not
rehabilitated after the second commitment to the Center, shall, upon
recommendation of the Board, be charged for violation of Section 15 of
R.A. 9165 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.
SECTION 8. Escape and Recommitment.
a) Should a drug dependent 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/her
for recommitment, in which case the corresponding order shall be
issued by the Board.
b) Should the escapee fail to submit himself/herself or be surrendered
after one (1) week, the Board shall apply to the Court for a
recommitment order. Upon proof of previous commitment or his/her
voluntary submission by the Board, the Court may issue an order for
recommitment within one (1) week.
c) If, subsequent to a recommitment, the drug dependent once again
escapes from confinement, he/she shall be charged for violation of
Section 15 of R.A.
9165 and be subjected under Section 61 of the said Act, either upon
order of the Board or upon order of the Court, as the case may be.
SECTION 9. Confidentiality of Records.
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a) Judicial and medical records of drug dependents under the voluntary

submission program shall be confidential and shall not be used against
him/her 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.
b) However, where the drug dependent is not exempt from criminal
liability under Section 55 of R.A. 9165, or when he/she is not rehabilitated
under the voluntary submission program, or when he/she escapes again
from confinement after recommitment, the records mentioned in the
immediately preceding provisions, which are necessary for his/her
conviction, may be utilized as evidence in court against him/her.
SECTION 10. Penalty Clause. Any violation of this Regulation shall be
penalized under Section 32 of R.A. 9165, without prejudice to any criminal
liability arising from the same act punishable under other provisions of
R.A. 9165.
SECTION 11. Separability Clause. If, for any reason, any section or
provision of this Regulation is declared invalid or unconstitutional, the
remainder of this Regulation shall not be affected by such declaration and
shall remain in force and effect.
SECTION 12. Repealing and Amending Clause. All Board regulations
and other issuances inconsistent with this Regulation are hereby
superseded, amended or modified accordingly.
SECTION 13. Effectivity. - This Regulation shall take effect fifteen (15)
days after its publication in two (2) newspapers of general circulation and
upon its registration with the Office of the National Administrative
Register (ONAR), University of the Philippines Law Center.
ADOPTED and APPROVED this _6th day of _June_, in the year of
Our Lord, 2007 in Quezon City.
(Orig. Copy Signed)

Page 80 of 88

(Annex G) Excerpts of the Quezon City Ordinance creating and

delineating functions of their Administrative Board and their AntiDrug Abuse Council
CITY COUNCIL
Quezon City
th
65 regular Session
An Ordinance adopting a comprehensive anti-drug abuse and rehabilitation
program, providing penalties for violation thereof and for other purposes.
x x x
Article III
QUEZON CITY ANTI-DRUG ABUSE COUNCIL
Section 9. The Quezon City Anti-Drug Abuse Organization To
implement the provision of this ordinance the Quezon City Anti-Drug
Abuse Council (QCADAC) shall be composed of the Quezon City AntiDrug Abuse Advisory Council (QCADAAC) and the Secretariat are hereby
constituted.
Section 10. Composition The Quezon City Anti-Drug Abuse Board
shall be composed of the Mayor as Chairman, the Vice Mayor and the
Quezon City Council Chairperson of the Committee of the Health and
Social Services as Members
x x x
Section 14. Powers and Functions
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14.1.
The Quezon City Anti-Drug Abuse Board (QCADAB) shall
exercise the following functions:
14.1.1. Act as the policy making body and strategy formulating body in the
planning and formulation of policies and programs on drug prevention,
control, treatment and rehabilitation. It shall develop a comprehensive,
integrated, unified and balanced drug abuse prevention program and
control strategy.
14.1.2. Ensure full compliance, participation and support to the provision
of the RA 9165 and see to it that the decision of the Council are faithfully
carried out and implemented.
14.1.3. Received in trust, legacies, gifts and donations of real and personal
properties of all kinds, to administer and dispose the same when necessary
for the benefit of the Quezon City Drug Treatment and Rehabilitation
Center, subject to the limitations provided for by such donation: Provided,
further , that not more than twenty five percent (25%) of such donation
shall be allocated for administrative purpose: Provided, finally, the
deductibility of such donation shall be subjected to the provision of RA
8424as amended.
xxx
End of Excerpts

Annex G Board Regulation 2 S. 2007

BOARD REGULATION No. 2 Series of 2007
SUBJECT: PROVIDING FOR REVISED GUIDELINES IN THE
CONDUCT OF BARANGAY DRUG-CLEARING OPERATIONS
WHEREAS, to accelerate the drive against illegal drugs in our
communities and to promote participation of local institutions in the
suppression of drug trafficking and abuse, Anti-Drug Abuse Councils were
created in the province, city, municipality and barangay;
WHEREAS, Dangerous Drugs Board Resolution No. 12, Series of 2004,
which provides for guidelines on clearing of drug-affected barangays, was
issued empowering the Barangay Anti-Drug Abuse Councils (BADAC) to
implement government strategic policies on drug prevention and control
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given the political and police powers of the barangay to administer the
affairs of the community;
WHEREAS, there are shortcomings in the implementation of the barangay
drug-clearing operations due to the dynamics of the drug problem,
confused roles and responsibilities of the agencies involved, inadequate
resources, and lack of management commitment;
WHEREAS, in order to make the clearing of drug-affected barangays
more effective, there is need to craft a more practical set of guidelines,
considering the number of agencies involved and the complexity of said
operations;
WHEREFORE, be it RESOLVED, as it is hereby RESOLVED, to
prescribe the following Revised Guidelines in the Conduct of Barangay
Drug-Clearing Operations:
SECTION 1. Conduct of Barangay Drug-Clearing Operations The
clearing of drug-affected barangays shall be conducted in three (3) phases,
namely: (a) Pre-Operation Phase; (b) Operation Phase; and (c) PostOperation Phase. [See attached Activities and Flow Chart on Barangay
Drug-Clearing Operations, Annex A.]
A. Pre-Operation Phase The activities to be undertaken under this stage
shall commence with laying the groundwork and bases for effective and
sustainable clearing operations against drug-affected barangays:
i. Activation of BADACs, BADAC Auxiliary Teams and SK in each
barangay and definition and allocation of responsibilities for barangay
drug-clearing activities. [OPR: CLGOO/MLGOO supported by Local PNP
Unit]
ii. Capability enhancement of all stakeholders in barangay clearing
operations through the conduct of basic drug prevention and control
seminars, giving emphasis to collection and analysis of drug-related
information and prevention education. [OPR: Local PNP Unit supported by
Local Government Health Officer, Local Government Social Welfare
Officer, DECS Representative, & SK Chairman]
Bd. Reg. providing for revised guidelines in the conduct of barangay drugclearing operations 1 Bd. Reg. providing for revised guidelines in the
conduct of barangay drug-clearing operations 2
iii. Organization of house clusters with designated cluster leader in each
barangay. The cluster leader shall directly report to the BADAC Chairman
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all essential facts of any illegal drug activities within his/her cluster, such
as name(s) of pushers/users, marijuana cultivation activities, clandestine
laboratory operations and other drug-related data. [See attached format of
Confidential Report to BADAC Chairman and Guide in Identifying the
Organization of Local Drug Syndicates, Annexes B & C.] [OPR: Local
PNP Unit supported by Local Government Social Welfare Officer, Local
Government Health Officer & BADAC]
iv. Submission by the BADAC Chairman of consolidated information
report to CADAC/MADAC and local police unit concerned for the
formulation and validation of watchlist of drug personalities in every
barangay. [OPR: BADAC Chairman supported by Local PNP Unit]
v. Determination of priority drug-affected barangays, taking into
consideration the number of drug users/pushers and the gravity of the drug
problem in the area, for the conduct of police operations and
advocacy/preventive education seminar. [OPR: Local PNP Unit supported
by Local Government Health Officer, Local Government Social Welfare
Officer, DECS Representative & SK Chairman]
vi. Enactment of city or municipal ordinances creating Administrative
Boards to hear and act on complaints regarding public nuisances pursuant
to Section 52, Article VII of Republic Act 9165. [OPR: Local
Sanggunians]
vii. Establishment of Rehabilitation Referral Desk in every barangay to
endorse drug dependents to the duly authorized representative of the
Dangerous Drugs Board pursuant to Article VIII of RA 9165 and pertinent
issuances of the Board. [OPR: Local Government Health Officer and Local
Government Social Welfare Officer in coordination with the Treatment and
Rehabilitation Center (TRC) Administrator]
B. Operation Phase The objective of the operation phase is the actual
implementation drug supply and demand reduction strategies in priority
drug-affected barangays.
i. Arrest of identified drug users/pushers through citizens arrest, buybust operation, and service of Search Warrants and Warrants of Arrest.
[OPR: PDEA, Local PNP & City/Mun. Prosecutor]
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ii. Administrative searches (regulatory inspections) of suspected drug dens,

clandestine laboratories and chemical warehouses in coordination with
City/Municipal regulatory offices. [OPR: Local PNP Unit, Local
Government Health Officer, Local BFP Unit & other concerned local
offices]
iii. Filing of complaints for abatement of public nuisance with the
City/Municipal Administrative Boards against places or premises used as
sites of unlawful sale or delivery of dangerous drugs pursuant to Section
52, Article VII of RA 9165 . [OPR: Local PNP Unit, Local Government
Health Officer & Local BFP Unit]
iv. Conduct of advocacy and/or preventive education seminars, giving
emphasis to the role of parents and children in the anti-drug campaign, illeffects of drugs and consequences of drug abuse. This includes the conduct
of lectures on the proper procedures on rehabilitation of drug dependents
pursuant to RA 9165 and pertinent DDB Regulations. [OPR: Local
Government Social Welfare Officer, Local Government Health Officer,
DECS Representative, BADAC & Local PNP Unit] Bd. Reg. providing for
revised guidelines in the conduct of barangay drug-clearing operations 3
v. Processing of application for voluntary or compulsory rehabilitation
pursuant to pertinent DDB Regulations. [See attached application format,
Annex D.] [OPR: Local Government Health Officer & Local
Government Social Welfare Officer]
C. Post - Operation Phase -This phase aims to maintain the DRUGCLEARED status of the barangays after drug-clearing operations thru
support activities to be funded from the general fund of the barangay.
i. Implementation of sustainable support projects such as sports, religious
and social activities in the barangay. [OPR: SK Chairman supported by
Church Group Representative, Local PNP Unit, Local Government Social
Welfare Officer, Local Government Health Officer & Local Sanggunian]
ii. Conduct of regular lectures, programs or fora on the ill-effects of drug
abuse and the implementation of measures towards drug abuse prevention
and eradication. [OPR: Local PNP Unit supported by Local Government
Health Officer, Local Government Social Welfare Officer, DECS
Representative, SK Chairman & Local Sanggunian]
Page 85 of 88

SECTION 2. Classification of Barangays - The following classification

of barangays shall be observed in determining the priority areas for
clearing operations:
i. Drug-Unaffected Barangay - Has not ever been plagued or beset by any
illegal drug activities.
ii. Drug-Affected Barangay Existence of drug user, pusher,
manufacturer, marijuana cultivator, or other drug personality, regardless
of number.
iii. Drug-Cleared Barangay Subjected to drug-clearing operations and
declared free from any illegal drug activities pursuant to the parameters
set forth in this Regulation.
SECTION 3. Parameters for declaring DRUG-CLEARED status of
drug- affected barangays.
a. Non-availability of drug supply;
b. Absence of drug transit/transshipment activity;
c. Absence of clandestine drug laboratory;
d. Absence of clandestine drug warehouse;
e. Absence of clandestine chemical warehouse;
f. Absence of marijuana cultivation site;
g. Absence of drug den, dive or resort;
h. Absence of drug pusher;
i. Absence of drug user/dependent;
j. Absence of protector/ coddler and financier;
k. Active involvement of barangay officials in anti-drug activities;
l. Active involvement of SK to help maintain the drug-liberated status of the
barangay;
m. Existence of drug awareness, preventive education and information, and
other related programs; and
n. Existence of voluntary and compulsory drug treatment & rehabilitation
processing desk.
Bd. Reg. providing for revised guidelines in the conduct of barangay drugclearing operations 4
SECTION 4. Certifying the DRUG-CLEARED status of drugaffected barangay - After conducting drug-clearing operations in affected
barangays, the chief of the local police unit shall issue a certification
declaring the DRUG-CLEARED status of the affected barangay that has
Page 86 of 88

been subjected to drug-clearing operations. The certificate shall be attested

by the Chairman, CADAC/MADAC. [See attached format of
Certification, Annex E.]
SECTION 5. Responsibility of OPR & Support Unit/Agency To
ensure the realization of each phase of barangay drug-clearing operations,
the OPR for each activity as specified under Section 1 (A), (B) & (C) of
this Regulation shall initiate the performance of assigned task(s) while the
support units/agencies shall give the assistance and cooperation required.
SECTION 6. Fund Support for Barangay Drug-Clearing Operations
The Local Government Units are enjoined to appropriate funds for
barangay drug-clearing operations pursuant to Section 51, Article VII of
RA 9165 and other existing laws, rules and regulations. The Local Police
Unit concerned, being the lead unit in the implementation of these
guidelines, shall submit an annual budget proposal for barangay drugclearing operations to the LCE to form part of the executive budget of the
LGUs for appropriation by the Local Sanggunian.
SECTION 7. General Supervision of Barangay Drug-Clearing
Operations For purposes of effective monitoring of the implementation
of barangay drug-clearing operations, the Director General, PDEA shall be
the Officer Primarily Responsible (OPR) for providing general supervision
over the implementation of this Regulation pursuant to Sections 83 and 84,
RA 9165. The PNP shall designate a secretariat that will collate reports and
maintain periodic statistics on barangay drug-clearing operations for
evaluation/analysis and continuing enhancement of processes and
procedures.
SECTION 8. Reporting System The concerned police unit in the
City/Municipality shall submit monthly reports on barangay drug-clearing
operations to the PNP chain of command. The Chief, PNP, thru the PNP
Anti-Illegal Drugs Special Operations Task Force shall submit a
consolidated report to the PDEA and DDB, copy furnished SILG. [See
attached reporting format, Annex F & G.]
SECTION 9. Amendments These revised guidelines may be amended
and/or modified from time to time by the Board as the need arises and upon
prior consultation with the stakeholders of barangay drug-clearing
operations.
Page 87 of 88

SECTION 10. Repealing Clause Board Resolution No. 12, Series of

2004, is hereby repealed and all other regulations, orders, memoranda and
issuances, or parts thereof, which are inconsistent with this Regulation are
hereby repealed, modified or amended accordingly.
SECTION 11. Effectivity This Regulation shall take effect fifteen (15)
days after its publication in two (2) newspapers of general circulation and
after its registration with the Office of the National Administrative Register
(ONAR), UP Law Center, Quezon City.
ADOPTED and APPROVED this _6th day of _June_, in the year of Our
Lord, 2007 in Quezon City.
END

Page 88 of 88