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PRESIDENTIAL DECREE NO. 44
PRESIDENTIAL DECREE NO. 44 -
AMENDING CERTAIN Sections OF REPUBLIC ACT NO. 6425, OTHERWISE KNOWN AS
THE DANGEROUS DRUGS ACT OF 1972
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WHEREAS, drug addiction is a grave and
pernicious evil which not only complicates the peace and order problem
of our country but also erodes the physical strength as well as the
moral well-being of our people;chanroblesvirtualawlibrary
WHEREAS, in order to curb the incidence of drug addiction, the Congress
of the Philippines enacted Republic Act No. 6425, otherwise known as
the Dangerous Drugs Act of 1972; chanroblesvirtualawlibrary
WHEREAS, after the approval of the Act on March 30, 1972, certain
defects and deficiencies in it have been discovered which have hampered
the full and expeditious implementation of its provisions;chanroblesvirtualawlibrary
WHEREAS, in order that the desires and objectives of the Dangerous
Drugs Act can be effectivity and satisfactorily attained, it is
imperative that the said law be modified so as to cure its defects and
supply its deficiencies.
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines,
by virtue of the powers vested in me by the Constitution as
Commander-in-Chief of all the Armed Forces of the Philippines and
pursuant to Proclamation No. 1081, dated September 21, 1972, and
General Order No. 1. dated September 22, 1972, do hereby order and
decree that Republic Act no. 6425, otherwise known as the Dangerous
Drugs Act of 1972, be, as it is hereby, amended, to wit:cralaw:red
1. Section 30 of Republic Act No. 6425 is hereby
amended to read as follows:cralaw:red
"Sec. 30. Voluntary Submission of a Drug Dependent
to Confinement, Treatment and Rehabilitation by the Dependent Himself
or Through his Parent, Guardian or Relative. — If a drug dependent
voluntarily submit himself for confinement, treatment and
rehabilitation in a center and complies with such conditions therefor
as the Board may by rules and regulations prescribe, he shall not be
criminally liable for any violation of Section 8, Article II and
Section 16, Article 111 of this Act.
"The above exemption shall be extended to a minor who may be committed
for treatment and rehabilitation in a center upon sworn petition of his
parent, guardian or relative within the fourth civil degree of
consanguinity or affinity, or of the Director of Health or the
Secretary of the Department of Social Welfare, in that order. Such
petition may be filed with the Court of First Instance, Juvenile and
Domestic Relations Court or Circuit Criminal Court of the province of
city where the minor resides and shall set forth therein his name and
address and the facts relating to this dependency: Provided, That any
of said courts shall have jurisdiction to act on the petition
regardless of the age of the minor. The court shall set the petition
for hearing and give the drug dependent concerned an opportunity to be
heard. If, after such hearing, the facts so warrant in its judgment,
the court shall order the drug dependent to be examined by two
physicians accredited by the Board, If both physicians conclude, after
examination, that the minor is not a drug dependent, the court shall
enter an order discharging him. If either physician finds him to be a
dependent, the court shall conduct a hearing and consider all relevant
evidence which may be offered. If the court makes a finding of drug
dependency, it shall issue an order for his commitment to a center
designated by the court for treatment and rehabilitation under the
supervision of the Board.
"When, in the opinion of the person committed or of his parent,
guardian or relative, or of the Board, such person is rehabilitated,
any of the above parties may file a sworn petition for his release with
the court which ordered the commitment. If, after due hearing, the
court finds the petition to be well-founded, it shall forthwith order
the release of the persons so committed.
"Should the drug dependent, having voluntarily submitted himself to
confinement, treatment and rehabilitation in, or having been committed
to a center upon petition of the proper party, escape therefrom, he may
resubmit himself for confinement within one week from the date of his
escape, or his parent, guardian or relative may, within the same
period, surrender him for commitment. If, however, the drug dependent
does not resubmit himself for confinement or he is not surrendered for
recommitment, as the case may be, the Board may file a sworn petition
for his reconfinement. Upon proof of previous commitment or of his
voluntary submission to confinement, treatment and rehabilitation, the
court shall issue an order for recommitment. If, subsequent to such
recommitment, he should escape again, he shall no longer be exempt from
criminal liability for use or possession of any dangerous
drug. chanroblesvirtualawlibrary
"The judicial and medical records pertaining to any drug dependent's
confinement or commitment under this Section shall be confidential and
shall not be used against him for any purpose except to determine how
many times he shall have voluntarily submitted himself to confinement,
treatment and rehabilitation or been committed to a center."
2. Section 31 of the Same Act is hereby amended to
read as follows:cralaw:red
"Sec. 31. Compulsory Submission of a Drug Dependent
to Treatment and Rehabilitation. — If a person charged with an offense
is found by the fiscal or by the court, at any stage of the
proceedings, to be a drug dependent, the fiscal or the court, as the
case may be, shall suspend all further proceedings and transmit copies
of the record of the case to the Board.
"In the event the Board determines, after medical examination, that
public interest requires that such drug dependent, be committed to a
center for treatment and rehabilitation, it shall file a petition for
his commitment with the Court of First Instance, Juvenile and Domestic
Relations Court, or Circuit Criminal Court of the province or city
where he is being investigated or tried: Provided, That any of said
courts may take cognizance of such petition regardless of the age of
the drug dependent: Provided, further, That where a criminal case is
pending in court such petition shall be filed in the said court. The
court shall take judicial notice of the prior proceedings in the case
and shall proceed to hear the petition. If the court finds him to be a
drug dependent, it shall order his commitment to a center for treatment
and rehabilitation. The head of said center shall submit to the court
every four months, or as often as the court may require, a written
report on the progress of the treatment. If the dependent is
rehabilitated, as certified by the center and the Board, he shall be
returned to the court which committed him, for his discharge therefrom.
"Thereafter, his prosecution for any offense punishable by law shall be
instituted or shall continue, as the case may be. In case of
conviction, the judgment shall indicate whether the full or partial
period of his prior detention and of his confinement for treatment and
rehabilitation shall be deducted from the period of the penalty imposed
on him, taking into account his good behavior or misconduct while being
detained or confined.
"The period of prescription of the offense charged shall not run during
the time that the respondent or the accused is under detention or
confinement in a center."
3. Section 35 of the same Act is hereby amended to
read as follows:cralaw:red
"Sec. 35. Creation and Compensation of the Board. —
There is hereby created a Dangerous Drug Board which shall be composed
of six ex-officio members, as follows: chanroblesvirtualawlibrary
(a) the Secretary of Health or his representative;chanroblesvirtualawlibrary
(b) the Secretary of Justice or his representative;chanroblesvirtualawlibrary
(c) the Secretary of National Defense or his
representative;chanroblesvirtualawlibrary
(d) the Secretary of Education or his representative;chanroblesvirtualawlibrary
(e) the Secretary of Finance or his representative;
and
(f) the Secretary of the Department of Social Welfare
or his representative.
"The Secretary of Health shall be the chairman of the Board.
"The Director of National Bureau of Investigation shall be the
permanent consultant of the Board.
"The Chairman and all members of the Board and the Director of the
National Bureau of Investigation shall each receive a per diem of fifty
pesos for their attendance at every meeting of the Board: Provided,
That where the representative of an ex-officio member attends a meeting
in behalf of the latter such representative shall be entitled to
receive the per diem.
"The Board shall meet at the call of the chairman or of any two other
members. The presence of four members shall constitute a quorum. In the
absence of the chairman, a temporary presiding officer may be
designated by the majority of the quorum.
"The Board may constitute an executive committee, to be composed of any
three members or their representatives or of any three personnel of the
Board, which shall have the duty of carrying into effect the policies
and decisions of the Board and shall meet as often as necessary, at the
discretion of its chairman to be designated by the Board.
"When public interest so require, the executive committee may act for
and in behalf of the Board, and its decisions, if approved by the
Secretary of Health, shall be valid, unless revoked by the Board at its
next regular or special meeting. chanroblesvirtualawlibrary
"The Board shall appoint an executive director who shall be the
administrative officer of the Board and shall perform such other duties
as may be assigned to him by it. The executive director shall possess
adequate training and experience in the field of dangerous drugs, or in
law, medicine, criminology, psychology or social work. He shall receive
a compensation of twenty thousand pesos per annum."
4. Section 39 of the same Act is hereby amended to
read as follows:cralaw:red
"Sec. 39. Jurisdiction. — The Court of First
Instance, Circuit Criminal Court, and Juvenile and Domestic Relations
Court shall have concurrent original jurisdiction over all cases
involving the offenses punishable under this Act: Provided, That in
cities or provisions where there are Juvenile and Domestic Relations
Courts, the said courts shall take exclusive cognizance of cases where
the offenders are under sixteen years of age.
"The preliminary investigation of cases filed under this Act shall be
terminated within a period of thirty (30) days from the date of their
filing.
"Where the preliminary investigation is conducted by a prosecuting
officer and a prima facie case is established, the corresponding
information shall be filed in court within twenty four (24) hours from
the termination of the investigation. If the preliminary investigation
is conducted by a judge and a prima facie case is found to exist, the
corresponding information shall be filed by the proper prosecuting
officer within forty eight (48) hours from the date of receipt of the
records of the case.
"Trial of the cases under this section shall be finished by the court
not later than ninety (90) days from the date of the filing of the
information. Decision on said cases shall be rendered within a period
of fifteen (15) days from the date of submission of the case." chanroblesvirtualawlibrary
5. This Decree shall take effect immediately.
Done in the City of Manila,
this 9th day of November, in the year of Our Lord, nineteen hundred and
seventy-two.
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