Anti-drug Abuse Council (Adac) Act

TWENTIETH CONGRESS OF THE REPUBLIC OF THE PHILIPPINES 25 JUL -7 Al1:56 First Regular Session SENATE S. No. _ Introduced by Senator Ronald "Bato" Dela Rosa AN ACT INSTITUTIONALIZING ANTI-DRUG ABUSE COUNCILS IN EVERY LOCAL GOVERNMENT UNIT, AND FOR OTHER PURPOSES EXPLANATORY NOTE

Section 2 of Republic Act No. 9165 or the "Comprehensive Dangerous Drugs

Act of 2002" provides that the government shall pursue an intensive and unrelenting campaign against the trafficking and use of dangerous drugs and other similar integrated system of planning, implementation and substances through an enforcement of anti-drug abuse policies, programs and projects. This integrated policy in addressing the drug problem has been emphasized as early as 1998, where the Department of the Interior and Local Government has encouraged the local government units to organize their respective Anti-Drug Abuse Councils. These councils are tasked for the implementation of local-anti drug abuse programs and activities.1 Chapter 13.1 of the Philippine Development Plan (PDP) 2023-2028 mandates the promotion of a holistic approach to countering the proliferation of illegal and dangerous drugs.? It calls for active participation of all stakeholders, a crucial role in the fight against illegal drugs. This includes the continued implementation of policies related to the establishment Anti-Drug Abuse Council (ADAC). 1 Par. 1.2, DILG Memorandum Circular No. 2024-028, dated 28 February 2024. 2 Figure 13.1.1, page 311, Philippine Development Plan 2023-2028.

This measure seeks to institutionalize the establishment of ADACs in every province, city, municipality and barangay. It aims to promote the active and unified involvement of local government units, communities and civil society organizations. The goal is to effectively prevent the proliferation of dangerous drugs through a whole- of-nation approach. In order to ensure that policies and activities in combatting iilegal drugs will be implemented, the local government units are mandated to allocate at least two percent (2%) of its annual appropriations. In view of the foregoing, the passage of this measure is earnestly sought. RONALD "BA TONDELA ROSA

TWENTIETH CONGRESS OF THE REPUBLIC OF THE PHILIPPINES First Regular Session 25 JUL -7 A11:57 SENATE S. No. — Introduced by Senator Ronald "Bato" Dela Rosa AN ACT INSTITUTIONALIZING ANTI-DRUG ABUSE COUNCILS IN EVERY LOCAL GOVERNMENT UNIT, AND FOR OTHER PURPOSES Be it enacted by the Senate and the House of Representatives of the Philippines, in Congress assembled:

Section 1. Short Title. - This Act shall be known as the "Anti-Drug Abuse Council

(ADAC) Act."

SEC. 2. Declaration of Policy. - It is a declared policy of the State to safeguard

the integrity of its territory and the well-being of its citizenry particularly the youth, from the harmful effects of dangerous drugs on their physical and mental well-being. The State shall promote the active and unified involvement of the local 7 government units, communities and civil society organizations to effectively prevent 8 the proliferation of dangerous drugs. Towards this end, the State shall establish mechanism and adequate 10 administrative structural framework to ensure effective implementation of the anti- 11 illegal drug policies and programs.

SEC. 3. Definition of Terms. - As used in this Act:

(a) "Anti-Drug Abuse Council" (ADAC) - refers to a multi-sectoral council composed of local officials and representatives of various community organizations tasked to spearhead the planning, implementation, and monitoring of all local anti- drug abuse programs, projects and activities; (b) "'Persons Who Use Drugs" (PWUDs) - refer to persons who use any dangerous drugs and/or controlled precursors and essential chemicals as defined under Republic Act No. 9165, otherwise known as the "Comprehensive Dangerous Drugs Act of 2002", as amended, by injecting intravenously or intramuscularly, by consuming, either by chewing, smoking, sniffing, eating, swallowing, drinking or otherwise introducing into the physiological system of the body; (c) "Community-Based Drug Rehabilitation Program" (CBDRP) - refers to an integrated program for PWUDs with mild dependency of addiction. It provides a continuum of care from outreach and low threshold services through active coordination among a number of health, social, and other non-specialist services needed to meet the client's need. It is composed of two core components namely: Community-based Treatment and Community-based Support Services.

SEC. 4. Duties and Responsibilities of Local Government Units (LGUS). - In

19 addition to duties and responsibilities under existing laws, each LGU shall exercise the 20 following duties and responsibilities: 1. Establish, strengthen, and ensure the functionality of its ADAC; 2. Formulate and implement a comprehensive and integrated Local Anti-Drug Plan of Action (LADPA), in accordance with the recommendations of the ADAC, to eliminate drug affectation with corresponding targets per quarter, as included

in the local Peace and Order and Public Safety (POPS) Plan including but not limited to: a. Capacity development programs for all stakeholders through prevention education; b. Monitoring of drug clearing programs with the Philippine National Police (PNP), Philippine Drug Enforcement Agency (PDEA) and other law enforcement agencies mandated to the conduct thereof; c. Community-Based Drug Rehabilitation Programs; d. Aftercare and reintegration programs for PWUDs; and e. Advocacy programs and substance use prevention, legal, social and economic consequences of use of dangerous drugs, elimination of social stigma, and the role of the family and the youth in the fight against dangerous drugs, among others. 3. Appropriate at least two percent (2%) of the annual appropriations to fund anti-illegal drug-related programs, activities, and operations as a mandatory item in their budgets: Provided, That the disbursement of the fund shall be made by the LGU concerned; and 4. Collaborate with the Department of Health (DOH), the Department of the Interior and Local Government (DILG), the Department of Social Welfare and Development (DSWD), and the Department of Education (DepEd), on the establishment and operation of a CBDRP as well as Reintegration Programs.

SEC. 5. Institutionalization of ADACS - There shall be an organized Anti-Drug

2 Abuse Council (ADAC) in every province, city, municipality and barangay, which shall exercise the following duties and responsibilities: 1. Formulate ADAC-LADPA which contains programs, projects and activities with corresponding budgetary requirements and timeline, designed to prevent the proliferation of dangerous drugs, in accordance with national standards and priorities of the DOH and DDB; 2. Initiate, coordinate and monitor the implementation of anti-illegal drug programs, projects and activities within their jurisdiction; 3. Provide guidelines for the implementation and sustainability of Community- Based Drug Rehabilitation Programs; 4. Recommend to the local Sanggunian the adoption of measures for the enactment of appropriate legislation on anti-illegal drug programs; 5. Conduct a meeting at least once a month, or as often as may be necessary at the discretion of the ADAC Chairperson, and upon request of the majority of the members of the Council; 6. Serve as an information-gathering mechanism which will monitor and report to appropriate authorities illegal drug facilities and activities within their jurisdiction; 7. Monitor the implementation of anti-illegal drug programs and link information to decisions and actions by concerned central government authorities; 8. Ensure effective and sustainable anti-drug activities; and 9. Establish and maintain close coordination and cooperation with anti-dangerous drug law enforcement agencies.

SEC. 6. Composition of ADAC. -

a) Barangay Anti-Drug Abuse Council (BADAC) - Every barangay, shall establish BADAC which shall be composed of the following: 4 Chairperson Punong Barangay 5 Members Sangguniang Barangay Member (Chairperson of Peace and Order Committee) Sangguniang Barangay Member (Chairperson of Women and Family Committee) Sangguniang Kabataan (SK) Chairperson - Public School Principal/Head teacher or its authorized representative Chief Tanod/Executive Officer At least (2) representatives from an accredited NGOs/Civil Society Organization who advocate for Drug Demand Reduction A representative of faith-based organization In addition to those mentioned in Section 5, BADAC shall have the duties and responsibilities to: 1. Determine and maintain record of the names and other pertinent information of residents, and likewise, record, update, and monitor all drug-related incidents/cases reported or filed and its effect on the peace and order situation in the barangay including listings of suspected drug users and peddlers;

2. Establish a barangay rehabilitation referral system, through the Barangay Rehabilitation and Referral Desk, which shall be responsible for providing immediate action and assistance for PWUDs who seek treatment and rehabilitation, and citizens who intend to report any person/s involved in dangerous drugs; 3. Monitor individuals who are undertaking Community-Based Drug Rehabilitation Treatment through their attendance and completion of CBDRP requirements; 4. Submit monthly reports to the concerned Municipal/City Anti-Drug Abuse Council (MADAC/CADAC); and 5. Conduct an Information Education and Stigma Prevention Campaign on substance use prevention. b) Municipal Anti-Drug Abuse Council (MADAC) - Every municipality shall establish MADAC which shall be composed of the following: Chairperson Municipal Mayor Vice-Chairperson Municipal Health Officer Members PNP Chief of Police Department of Education (DepEd) District Supervisor Municipal Local Government Operations Officer PDEA Representative Municipal Social Welfare Officer Municipal Planning Officer

At least (2) representatives from an accredited NGOs/Civil Society Organization who advocate for Drug Demand Reduction A representative of faith-based organization Youth representative from the private sector - SK Federation President In addition to those mentioned in Section 5, MADAC shall have the duties and responsibilities to: 1. Establish a one-stop-shop facility which shall be responsible for the assessment of PWUDs and the subsequent referral and/or processing of their applications for petitions for confinement, treatment and rehabilitation, including their eventual reintegration to the community; 2. Submit semestral and annual monitoring and evaluation reports to the concerned Provincial Anti-Drug Abuse Council (PADAC); and 3. Conduct advocacy and/or preventive education seminars. c) City Anti-Drug Abuse Council (CADAC) - Every city shall establish CADAC which shall be composed of the following: Chairperson Mayor 20 Vice-Chairperson City Health Officer PNP Chief of Police Members - City Local Government Operations Officer DepEd City Division Superintendent PDEA representative

City Social Welfare Officer - City Information Officer - City Planning Officer At least (2) representatives from an accredited NGOs/Civil Society Organization who advocate for Drug Demand Reduction A representative of faith-based organization City Probation and Parole Officer Youth representative from private sector SK Federation Chairman In addition to those mentioned in Section 5, CADAC shall have the same duties and responsibilities with MADAC as those provided in paragraph (b) of this Section. d) Provincial Anti-Drug Abuse Council (PADAC) - Every province shall establish PADAC which shall be composed of the following: Chairperson - Governor Vice-Chairperson Provincial Health Officer Members PNP Provincial Director PDEA Provincial Officer DepEd Schools Division Superintendent Department of the Interior and Local Government (DILG) Provincial Director Provincial Social Welfare Officer Provincial Information Officer - Provincial Planning Officer

- At least (2) representatives from an accredited NGOs/Civil Society Organization who advocate for Drug Demand Reduction A representative of faith-based organization - Provincial Probation and Parole officer Youth representative from the private sector SK Federation Chairman In addition to those mentioned in Section 5, PADAC shall have the duties and responsibilities to: 1. Ensure the functionality of all CADAC/MADAC/BADAC within their jurisdiction; and 2. Provide support for the operationalization of the Community-Based Drug Rehabilitation Programs of the LGUS.

SEC. 7. Establishment of the Anti-Drug Abuse Office (ADAO). - There shall be

in each ADAO an Anti-Drug Abuse Officer, Information Officer, Health Officer, Social Welfare Officer, and Information Technology Officer; Provided, That the city or municipality has the option to appoint as full-fledged above-mentioned officers or merge such position to an existing position or official in a related office, unit or department in the city or municipal government concerned; Provided further, that the 20 city or municipality may appoint additional employees or staff as may be deemed necessary. The ADAO shall have the following functions: 1. Serve as Secretariat of the ADAC; 2. Provide technical and administrative support services to the ADAC; and 3. Perform other functions as may be prescribed by ADAC.

SEC. 8. Performance Monitoring. - The Department of the Interior and Local

2 Government (DILG) shall monitor and evaluate the proper and effective implementation of the provisions of this Act. The DILG may establish an incentives 4 and awards system for local government units which have effectively implemented the 5 provisions of this Act.

SEC. 9. Implementing Rules and Regulations. - The DILG, in coordination with

7 DOH, DSWD, DDB, PDEA, PNP, DepEd, National Privacy Commission, and relevant 8 stakeholders, shall within ninety (90) days from the effectivity of this Act, promulgate the necessary rules and regulations for the effective implementation of this Act

SEC. 10. Separability Clause. - If any portion of this Act is declared

unconstitutional or invalid, the remainder of this Act or any provisions not affected thereby shall remain in force and effect.

SEC. 11. Repealing Clause. - Any law, presidential decree or issuance,

executive order, letter of instruction, rule or regulation inconsistent with the provisions of this Act is hereby repealed, or modified accordingly.

SEC. 12. Effectivity. - This Act shall take effect fifteen (15) days following its

17 complete publication in the Official Gazette or a national newspaper of general circulation. Approved,