TWENTIETH CONGRESS OF THE REPUBLIC OF THE PHILIPPINES ) 25 JUL 16 P4:15 First Regular Session ) RECEN.G SENATE S. No. 683 Introduced by Senator Christopher Lawrence "Bong" T. Go AN ACT PROVIDING FOR A SIMPLIFIED PROCESS FOR THE ADMISSION OF DRUG DEPENDENTS IN GOVERNMENT DRUG REHABILITATION FACILITIES, AMENDING FOR THE PURPOSE SECTION 54, AND 77 OF REPUBLIC ACT NO. 9165, OTHERWISE KNOWN AS THE COMPREHENSIVE DANGEROUS DRUGS ACT OF 2002 EXPLANATORY NOTE Republic Act No. 9165 or the Comprehensive Dangerous Drug Act of 2002 declares it a policy of the State to "provide effective mechanisms or measures to reintegrate into society individuals who have fallen victims to drug abuse or dangerous drug dependence through sustainable programs of treatment and rehabilitation." Under this law, a drug dependent who voluntary chooses to be admitted in a rehabilitation and treatment facility must secure a court order. This makes the process cumbersome for those just wanting voluntary treatment. Drug dependents should be treated as victims in dire need of medical, psychological, and spiritual help, with a chance of being successfully reintegrated into society as a healthy and productive citizen. Thus, the process of committing to rehabilitation should be simplified for them. This bill seeks to simplify the process of drug rehabilitation admission by requiring petitions to be filed before the Dangerous Drugs Board instead of going through tedious court proceedings.
In view of the foregoing, the approval of this bill is earnestly sought. SENATOR CHRISTOPHER LAWRENCE "BONG" T. GO
TWENTIETH CONGRESS OF THE REPUBLIC OF THE PHILIPPINES 25 JUL 16 P4:15 First Regular Session RECEIV SENATE S. No. _ Introduced by Senator Christopher Lawrence "Bong" T. Go PROVIDING FOR A SIMPLIFIED PROCESS FOR THE ADMISSTON OF DRUG DEPENDENTS IN GOVERNMENT DRUG REHABILITATION FACILITIES, AMENDING FOR THE PURPOSE SECTION 54, AND 77 OF REPUBLIC ACT NO. 9165, OTHERWISE KNOWN AS THE COMPREHENSIVE DANGEROUS DRUGS ACT OF 2002 Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled: I
Section 1. Section 54 of Republic Act 9165 is hereby amended to read as
2 follows: "Section 54. Voluntary Submission of a Drug Dependent to Confinement, Treatment and Rehabilitation. - A drug dependent, for any person who violates Section 15 of this Act] may, by himself/herself or through his/her parent, spouse, guardian or relative within the fourth degree of consanguinity or affinity, [apply to the Beard or its 7 duly recognized representative, for-treatment and rehabilitation of the drug dependency] FILE A VERIFIED APPLICATION TO THE BOARD, OR ITS DULY AUTHORIZED REPRESENTATIVE, FOR VOLUNTARY CONFINEMENT FOR TREATMENT AND REHABILITATION. UPON RECEIPT OF THE VERIFIED APPLICATION, THE BOARD OR ITS DULY AUTHORIZED REPRESENTATIVE SHALL ORDER THAT THE APPLICANT OR THE PERSON IN WHOSE BEHALF THE APPLICATION IS FILED, BE
1 EXAMINED FOR DRUG DEPENDENCY BY TWO (2) DOH-ACCREDITED 2 PHYSICIANS WITH BACKGROUND AND EXPERIENCE ON 3 PSYCHOLOGICAL/BEHAVIORAL MEDICINE. SUCH EXAMINATION SHALL 4 INCLUDE EVALUATION OF THE EXTENT OF DRUG ABUSE OF THE 5 APPLICANT, WHICH INCLUDES HISTORY TAKING, INTAKE INTERVIEW, 6 DETERMINATION OF THE CRITERIA FOR DRUG DEPENDENCY, MENTAL AND 7 PHYSICAL STATUS, AND THE DETECTION OF DANGEROUS DRUGS IN THE 8 BODY SPECIMENS THROUGH LABORATORY PROCEDURES. IF BOTH PHYSICIANS CONCLUDE THAT THE APPLICANT IS A DRUG DEPENDENT, THE BOARD SHALL ORDER HIS/HER IMMEDIATE CONFINEMENT AND TREATMENT UPON THE RECOMMENDATION OF THE PHYSICIANS. IF ONLY ONE FINDS THE APPLICANT TO BE A DRUG DEPENDENT, THE BOARD SHALL CONDUCT A HEARING AND CONSIDER ALL RELEVANT EVIDENCE, WHICH MAY BE OFFERED. EUpon such application, the Board shall bring forth the matter to the Court, which shall order that the applicant be examined for drug dependency. If the examination by a DOH accredited physician results in the issuance of a certification that the applicant is a drug dependent, he/she shall be ordered by the Court to undergo treatment and rehabilitation in a Center 19 designated by the Boardy THE ORDER OF CONFINEMENT AND TREATMENT MAY BE IN A 21 GOVERNMENT OR PRIVATE TREATMENT AND REHABILITATION CENTER 22 DESIGNATED BY THE BOARD, AT THE OPTION OF THE APPLICANT. TREATMENT AND REHABILITATION SHALL BE FREE OF CHARGE IN GOVERNMENT-RUN REHABILITATION CENTERS. THE APPLICANT SHALL BEAR THE TREATMENT AND REHABILITATION COSTS IF HE/SHE OPTED TO BE TREATED IN A PRIVATE REHABILITATION INSTITUTION. SUCH CONFINEMENT SHALL BE 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 31 offender and non-confinement in a Center will not pose a serious danger to his/her
family or the community. 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 treatment and rehabilitation 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."
Sec. 2. Section 77 of Republic Act 9165 is hereby amended to read as follows:
"Section 77. The Dangerous Drugs Board. - The Board shall be the policy- making 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. THE BOARD SHALL HAVE QUASI-JUDICIAL POWER TO DETERMINE THE DRUG DEPENDENCY OF A PERSON AND ISSUE A CONFINEMENT ORDER IN RELATION TO THE VOLUNTARY APPLICATION FOR REHABILITATION AND TREATMENT OF DRUG DEPENDENTS. ANY PERSON AGGRIEVED BY AN ORDER OR DECISION OF THE BOARD, IN RELATION TO THE CONFINEMENT AND TREATMENT ORDER FOR DRUG DEPENDENTS, MAY APPEAL THE ORDER OR DECISION TO THE COURT OF APPEALS BY PETITION FOR REVIEW IN ACCORDANCE WITH THE PERTINENT PROVISIONS OF THE RULES OF COURT."
Sec. 3. Rules and Regulations. - The Department of Health and the Dangerous
Drugs Board shall, within sixty (60) days from the effectivity of this Act, issue the necessary guidelines for the effective implementation of the provisions of this Act.
Sec. 4. Separability Clause. - If any portion or provision of this Act is declared
invalid or unconstitutional, other provisions hereof which are not affected thereby shall 26 remain in full force and effect.
Sec. 5. Repealing Clause. - All laws, decrees, orders, and issuances, or portions
thereof, which are inconsistent with the provisions of this Act, are hereby repealed, amended or modified accordingly.
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Sec. 6. Effectivity. - This Act shall take effect fifteen (15) days from
publication in the Official Gazette or in any two (2) newspapers of general circulation. Approved,