RA 9165 Comprehensive Dangerous Drugs Act of 2002

REPUBLIC ACT NO. 9165

June 7, 2002
AN ACT INSTITUTING THE COMPREHENSIVE DANGEROUS DRUGS
ACT OF 2002, REPEALING REPUBLIC ACT NO. 6425, OTHERWISE
KNOWN AS THE DANGEROUS DRUGS ACT OF 1972, AS AMENDED,
PROVIDING FUNDS THEREFOR, AND FOR OTHER PURPOSES
ARTICLE II
Unlawful Acts and Penalties
Section 4. Importation of Dangerous Drugs and/or Controlled
Precursors and Essential Chemicals.- .The penalty of life imprisonment to
death and a ranging from Five hundred thousand pesos (P500,000.00) to
Ten million pesos (P10,000,000.00) shall be imposed upon any person, who,
unless authorized by law, shall import or bring into the Philippines any
dangerous drug, regardless of the quantity and purity involved, including any
and all species of opium poppy or any part thereof or substances derived
therefrom even for floral, decorative and culinary purposes.
The penalty of imprisonment ranging from twelve (12) years and one (1) day
to twenty (20) years and a fine ranging from One hundred thousand pesos
(P100,000.00) to Five hundred thousand pesos (P500,000.00) shall be
imposed upon any person, who, unless authorized by law, shall import any
controlled precursor and essential chemical.
The maximum penalty provided for under this Section shall be imposed upon
any person, who, unless authorized under this Act, shall import or bring into
the Philippines any dangerous drug and/or controlled precursor and essential
chemical through the use of a diplomatic passport, diplomatic facilities or any
other means involving his/her official status intended to facilitate the unlawful
entry of the same. In addition, the diplomatic passport shall be confiscated
and canceled.
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.
Section 5. Sale, Trading, Administration, Dispensation, Delivery,
Distribution and Transportation of Dangerous Drugs and/or Controlled

Precursors and Essential Chemicals. - The penalty of life imprisonment to

death and a fine ranging from Five hundred thousand pesos (P500,000.00)
to Ten million pesos (P10,000,000.00) shall be imposed upon any person,
who, unless authorized by law, shall sell, trade, administer, dispense, deliver,
give away to another, distribute dispatch in transit or transport any dangerous
drug, including any and all species of opium poppy regardless of the quantity
and purity involved, or shall act as a broker in any of such transactions.
The penalty of imprisonment ranging from twelve (12) years and one (1) day
to twenty (20) years and a fine ranging from One hundred thousand pesos
(P100,000.00) to Five hundred thousand pesos (P500,000.00) shall be
imposed upon any person, who, unless authorized by law, shall sell, trade,
administer, dispense, deliver, give away to another, distribute, dispatch in
transit or transport any controlled precursor and essential chemical, or shall
act as a broker in such transactions.
If the sale, trading, administration, dispensation, delivery, distribution or
transportation of any dangerous drug and/or controlled precursor and
essential chemical transpires within one hundred (100) meters from the
school, the maximum penalty shall be imposed in every case.
For drug pushers who use minors or mentally incapacitated individuals as
runners, couriers and messengers, or in any other capacity directly
connected to the dangerous drugs and/or controlled precursors and essential
chemical trade, the maximum penalty shall be imposed in every case.
If the victim of the offense is a minor or a mentally incapacitated individual, or
should a dangerous drug and/or a controlled precursor and essential
chemical involved in any offense herein provided be the proximate cause of
death of a victim thereof, the maximum penalty provided for under this
Section shall be imposed.
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.
Section 6. Maintenance of a Den, Dive or Resort. - The penalty of life
imprisonment to death and a fine ranging from Five hundred thousand pesos
(P500,000.00) to Ten million pesos (P10,000,000.00) shall be imposed upon
any person or group of persons who shall maintain a den, dive or resort

where any dangerous drug is used or sold in any form.

knowingly visit the same

The penalty of imprisonment ranging from twelve (12) years and one (1) day
to twenty (20) years and a fine ranging from One hundred thousand pesos
(P100,000.00) to Five hundred thousand pesos (P500,000.00) shall be
imposed upon any person or group of persons who shall maintain a den,
dive, or resort where any controlled precursor and essential chemical is used
or sold in any form.

Section 8. Manufacture of Dangerous Drugs and/or Controlled

Precursors and Essential Chemicals. - The penalty of life imprisonment to
death and a fine ranging Five hundred thousand pesos (P500,000.00) to Ten
million pesos (P10,000,000.00) shall be imposed upon any person, who,
unless authorized by law, shall engage in the manufacture of any dangerous
drug.

The maximum penalty provided for under this Section shall be imposed in
every case where any dangerous drug is administered, delivered or sold to a
minor who is allowed to use the same in such a place.

The penalty of imprisonment ranging from twelve (12) years and one (1) day
to twenty (20) years and a fine ranging from One hundred thousand pesos
(P100,000.00) to Five hundred thousand pesos (P500,000.00) shall be
imposed upon any person, who, unless authorized by law, shall manufacture
any controlled precursor and essential chemical.

Should any dangerous drug be the proximate cause of the death of a person
using the same in such den, dive or resort, the penalty of death and a fine
ranging from One million (P1,000,000.00) to Fifteen million pesos
(P500,000.00) shall be imposed on the maintainer, owner and/or operator.
If such den, dive or resort is owned by a third person, the same shall be
confiscated and escheated in favor of the government: Provided, That the
criminal complaint shall specifically allege that such place is intentionally
used in the furtherance of the crime: Provided, further, That the prosecution
shall prove such intent on the part of the owner to use the property for such
purpose: Provided, finally, That the owner shall be included as an accused in
the criminal complaint.
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 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.

The presence of any controlled precursor and essential chemical or

laboratory equipment in the clandestine laboratory is a prima facie proof of
manufacture of any dangerous drug. It shall be considered an aggravating
circumstance if the clandestine laboratory is undertaken or established under
the following circumstances:
(a) Any phase of the manufacturing process was conducted in the presence
or with the help of minor/s:
(b) Any phase or manufacturing process was established or undertaken
within one hundred (100) meters of a residential, business, church or school
premises;
(c) Any clandestine laboratory was secured or protected with booby traps;
(d) Any clandestine laboratory was concealed with legitimate business
operations; or
(e) Any employment of a practitioner, chemical engineer, public official or
foreigner.
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.

Section 7. Employees and Visitors of a Den, Dive or Resort. - The

penalty of imprisonment ranging from twelve (12) years and one (1) day to
twenty (20) years and a fine ranging from One hundred thousand pesos
(P100,000.00) to Five hundred thousand pesos (P500,000.00) shall be
imposed upon:

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.

(a) Any employee of a den, dive or resort, who is aware of the nature of the
place as such; and
(b) Any person who, not being included in the provisions of the next
preceding, paragraph, is aware of the nature of the place as such and shall

Section 9. Illegal Chemical Diversion of Controlled Precursors and

Essential Chemicals. - The penalty of imprisonment ranging from twelve
(12) years and one (1) day to twenty (20) years and a fine ranging from One
hundred thousand pesos (P100,000.00) to Five hundred thousand pesos

(P500,000.00) shall be imposed upon any person, who, unless authorized by

law, shall illegally divert any controlled precursor and essential chemical.
Section 10. Manufacture or Delivery of Equipment, Instrument,
Apparatus, and Other Paraphernalia for Dangerous Drugs and/or
Controlled Precursors and Essential Chemicals. - The penalty of
imprisonment ranging from twelve (12) years and one (1) day to twenty (20)
years and a fine ranging from One hundred thousand pesos (P100,000.00) to
Five hundred thousand pesos (P500,000.00) shall be imposed upon any
person who shall deliver, possess with intent to deliver, or manufacture with
intent to deliver equipment, instrument, apparatus and other paraphernalia
for dangerous drugs, knowing, or under circumstances where one
reasonably should know, that it will be used to plant, propagate, cultivate,
grow, harvest, manufacture, compound, convert, produce, process, prepare,
test, analyze, pack, repack, store, contain or conceal any dangerous drug
and/or controlled precursor and essential chemical in violation of this Act.
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 if it will be used to inject,
ingest, inhale or otherwise introduce into the human body a dangerous drug
in violation of this Act.
The maximum penalty provided for under this Section shall be imposed upon
any person, who uses a minor or a mentally incapacitated individual to
deliver such equipment, instrument, apparatus and other paraphernalia for
dangerous drugs.
Section 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; and
(8) 10 grams or more of other dangerous drugs such as, but not limited to,
methylenedioxymethamphetamine (MDA) or "ecstasy",
paramethoxyamphetamine (PMA), trimethoxyamphetamine (TMA), lysergic
acid diethylamine (LSD), gamma hydroxyamphetamine (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, Article XI of this 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, MDMA or "ecstasy", PMA, TMA, LSD, 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; and
(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, MDMA or "ecstasy", PMA, TMA, LSD, 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.
Section 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.
Section 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
such dangerous drugs.
Section 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.
Section 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 the
provisions of Article VIII of this Act. If apprehended using any dangerous
drug for the second time, he/she shall suffer the penalty of imprisonment
ranging from six (6) years and one (1) day to twelve (12) years and a fine
ranging from Fifty thousand pesos (P50,000.00) to Two hundred thousand
pesos (P200,000.00): Provided, That this Section shall not be applicable
where the person tested is also found to have in his/her possession such
quantity of any dangerous drug provided for under Section 11 of this Act, in
which case the provisions stated therein shall apply.
Section 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 such dangerous drugs for medical
experiments and research purposes, or for the creation of new types of
medicine, the Board shall prescribe the necessary implementing guidelines
for the proper cultivation, culture, handling, experimentation and disposal of
such plants and materials.
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.
Section 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.
Section 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.
Section 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.
Section 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.
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.

Section 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
(DOJ), 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 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 twenty-four (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 DOJ, 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 shall appoint a member of the public attorney's 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 twentyfour (24) hours from receipt of the same; and
(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, DOJ,
Department of Health (DOH) and the accused/and or his/her counsel, and, b)
Pending the organization of the PDEA, the custody, disposition, and burning
or destruction of seized/surrendered dangerous drugs provided under this
Section shall be implemented by the DOH.
Section 22. Grant of Compensation, Reward and Award. The Board
shall recommend to the concerned government agency the grant of
compensation, reward and award to any person providing information and to

law enforcers participating in the operation, which results in the successful

confiscation, seizure or surrender of dangerous drugs, plant sources of
dangerous drugs, and controlled precursors and essential chemicals.
Section 23. Plea-Bargaining Provision. Any person charged under any
provision of this Act regardless of the imposable penalty shall not be allowed
to avail of the provision on plea-bargaining.
Section 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.
Section 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.
Section 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) Importation of any dangerous drug and/or controlled precursor and
essential chemical;
(b) Sale, trading, administration, dispensation, delivery, distribution and
transportation of any dangerous drug and/or controlled precursor and
essential chemical;
(c) Maintenance of a den, dive or resort where any dangerous drug is used in
any form;
(d) Manufacture of any dangerous drug and/or controlled precursor and
essential chemical; and
(e) Cultivation or culture of plants which are sources of dangerous drugs.
Section 27. Criminal Liability of a Public Officer or Employee for
Misappropriation, Misapplication or Failure to Account for the
Confiscated, Seized and/or Surrendered Dangerous Drugs, Plant
Sources of Dangerous Drugs, Controlled Precursors and Essential
Chemicals, Instruments/Paraphernalia and/or Laboratory Equipment
Including the Proceeds or Properties Obtained from the Unlawful Act
Committed. The 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.

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.
Section 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.
Section 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.
Section 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.
Section 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.
Section 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.
Section 33. Immunity from Prosecution and Punishment.
Notwithstanding the provisions of Section 17, Rule 119 of the Revised Rules
of Criminal Procedure and the provisions of Republic Act No. 6981 or the
Witness Protection, Security and Benefit Act of 1991, any person who has
violated Sections 7, 11, 12, 14, 15, and 19, Article II of this Act, who
voluntarily gives information about any violation of Sections 4, 5, 6, 8, 10, 13,
and 16, Article II of this Act as well as any violation of the offenses mentioned
if committed by a drug syndicate, or any information leading to the
whereabouts, identities and arrest of all or any of the members thereof; and
who willingly testifies against such persons as described above, shall be
exempted from prosecution or punishment for the offense with reference to
which his/her information of testimony were given, and may plead or prove
the giving of such information and testimony in bar of such prosecution:
Provided, That the following conditions concur:
(1) The information and testimony are necessary for the conviction of the
persons described above;
(2) Such information and testimony are not yet in the possession of the State;
(3) Such information and testimony can be corroborated on its material
points;
(4) the informant or witness has not been previously convicted of a crime
involving moral turpitude, except when there is no other direct evidence
available for the State other than the information and testimony of said
informant or witness; and
(5) The informant or witness shall strictly and faithfully comply without delay,
any condition or undertaking, reduced into writing, lawfully imposed by the
State as further consideration for the grant of immunity from prosecution and
punishment.
Provided, further, That this immunity may be enjoyed by such informant or
witness who does not appear to be most guilty for the offense with reference
to which his/her information or testimony were given: Provided, finally, That
there is no direct evidence available for the State except for the information
and testimony of the said informant or witness.

Section 34. Termination of the Grant of Immunity. The immunity granted

to the informant or witness, as prescribed in Section 33 of this Act, shall not
attach should it turn out subsequently that the information and/or testimony is
false, malicious or made only for the purpose of harassing, molesting or in
any way prejudicing the persons described in the preceding Section against
whom such information or testimony is directed against. In such case, the
informant or witness shall be subject to prosecution and the enjoyment of all
rights and benefits previously accorded him under this Act or any other law,
decree or order shall be deemed terminated.
In case an informant or witness under this Act fails or refuses to testify
without just cause, and when lawfully obliged to do so, or should he/she
violate any condition accompanying such immunity as provided above,
his/her immunity shall be removed and he/she shall likewise be subject to
contempt and/or criminal prosecution, as the case may be, and the
enjoyment of all rights and benefits previously accorded him under this Act or
in any other law, decree or order shall be deemed terminated.
In case the informant or witness referred to under this Act falls under the
applicability of this Section hereof, such individual cannot avail of the
provisions under Article VIII of this Act.
Section 35. Accessory Penalties. A person convicted under this Act shall
be disqualified to exercise his/her civil rights such as but not limited to, the
rights of parental authority or guardianship, either as to the person or
property of any ward, the rights to dispose of such property by any act or any
conveyance inter vivos, and political rights such as but not limited to, the right
to vote and be voted for. Such rights shall also be suspended during the
pendency of an appeal from such conviction.

IMPLEMENTING RULES AND REGULATIONS

c.

Republic Act No. 10586

d.

An Act Penalizing Persons Driving Under The Influence Of Alcohol,

Dangerous Drugs, And Similar Substances, And For Other Purposes
Otherwise known as the Anti-Drunk and Drugged Driving Act of 2013

e.

I. INTRODUCTION

f.

Pursuant to Section 17 of Republic Act No. 10586, the following

Implementing Rules and Regulations are hereby prescribed jointly by the
Department of Transportation and Communications (DOTC), Department of
Health (DOH) and the National Police Commission (NAPOLCOM) to carry
out the provisions of said Act.
RULE I PRELIMINARY PROVISIONS

g.

Section 1. Policy
Pursuant to the Constitutional principle that recognizes the protection of life
and property and the promotion of the general welfare as essential for the
enjoyment of the blessing of democracy, it is hereby declared the policy of
the State to ensure road safety through the observance of the citizenry of
responsible and ethical driving standards.
Towards this end, the State shall penalize the acts of driving under the
influence of alcohol, dangerous drugs and other intoxicating substances as
defined under said Act and these Rules and shall inculcate the standards of
safe driving and the benefits that may be derived from it through institutional
programs and appropriate public information strategies.

h.

i.
Section 2. Coverage
These Rules shall cover all acts of driving and/or operating a motor vehicle
while under the influence of alcohol, and/or dangerous drugs and similar
substances.

j.

k.
Section 3. Definition of Terms
For purposes of these Rules, the terms hereunder shall be understood as
follows:
a. Act refers to Republic Act No. 10586.
b. Alcohol refers to alcoholic beverages classified into beer, wine and
distilled spirits, the consumption of which produces intoxication.

l.

m.

Blood Alcohol Concentration (BAC) refers to the measure of amount

of alcohol in a persons blood.
Breath Analyzer also known as Alcohol Breath Analyzer (ABA) refers
to the equipment which can determine the BAC level of a person
through testing of his breath.
Chemical tests refer to breath, saliva, urine or blood tests to
determine the BAC level and/or positive indication of dangerous
drugs and similar substances in a persons body.
Dangerous drugs and other similar substances refer to drugs listed in
the schedules annexed to the 1961 Single Convention on Narcotics
Drugs, as amended by the 1972 Protocol, and in the schedules
annexed to the 1971 Single Convention of Psychotropic Substances
as enumerated in its attachment which is an integral part of Republic
Act No. 9165, otherwise known as the Comprehensive Dangerous
Drugs Act of 2002 and those that the Dangerous Drugs Board may
reclassify, add to or remove from the list of dangerous drugs.
Driving under the influence of alcohol (DUIA) refers to the act of
operating a motor vehicle while the drivers BAC level has, after
being subjected to an ABA test, reached the level of intoxication, as
established jointly by the DOH, the NAPOLCOM and the DOTC, in
these Rules. For this purpose, a driver of a private motor vehicle with
a gross vehicle weight not exceeding 4500 kg. a BAC of 0.05% or
higher shall be conclusive proof that said driver is driving under the
influence of alcohol. For drivers of trucks, buses, motorcycles and
public utility vehicles, a BAC of more than 0.0% shall be conclusive
proof that said driver is driving under the influence of alcohol.
Driving under the influence of dangerous drugs and other similar
substances (DUID) refers to the act of operating a motor vehicle
while the driver, after being subjected to a confirmatory test as
mandated under this Act, is found to be positive for use of any
dangerous drug.
Drug Screening Test refers to a rapid test performed to establish
potential/presumptive positive result on the presence of dangerous
drugs in a persons body.
Drug Confirmatory Test refers to an analytical test using a GasChromatography-Mass Spectroscopy (GCMS) to validate and
confirm the result of a Drug Screening Test.
Drug Recognition Evaluator (DRE) refers to a Law Enforcement
Officer (LEO) trained and deputized by the LTO to conduct the Drug
Recognition Protocol.
Drug Recognition Protocol (DRP) refers to a standardized and
systematic method of determining whether a person is driving under
the influence of dangerous drugs and other similar substances.
Field Sobriety Tests refer to standardized tests to initially assess and
determine intoxication, namely: the eye test (horizontal gaze
nystagmus), the walk-and-turn and the one-leg stand.

i.

ii.

iii.

The Eye Test (horizontal gaze nystagmus) refers to horizontal

or lateral jerking of the drivers eyes as he or she gazes
sideways following a moving object such as a pen or the tip of a
penlight held by the LEO from a distance of about one (1) foot
away from the face of the driver.
The Walk-and-Turn requires the driver to walk heel-to-toe along
a straight line for nine (9) steps, turn at the end and return to the
point of origin without any difficulty.
The One-Leg Stand requires the driver to stand on either right or
left leg with both arms on the side. The driver is instructed to
keep the foot raised about six (6) inches off the ground for thirty
(30) seconds.

n. LEO refers to law enforcement officers of the LTO or authorized

officer trained and deputized by the Land Transportation Office to
enforce the provisions of this Act.
o. Motor vehicle refers to any land transportation vehicle propelled by
any power other than muscular power.
i.
ii.

Trucks and buses are motor vehicles with gross vehicle weight
from 4501 kg and above.
Motorcycles are two (2) or three (3) wheeled motor vehicles and
which may include a side-car attached thereto.

p. Motor vehicles designed to carry hazardous materials refer to those

designed to carry or transport materials which may endanger health
and lives of the public.
q. Public Utility Vehicles refer to motor vehicles for hire and used to
carry or transport passengers or goods.
RULE II GENERAL PROVISIONS
Section 1. Drivers Education
Every applicant of a motor vehicle drivers license shall complete a course of
instruction that provides information on safe driving including, but not limited
to, the effects of the consumption of alcoholic beverages on the ability of a
person to operate a motor vehicle, the hazards of driving under the influence
of alcohol, dangerous drugs and/or other similar substances, and the
penalties attached for violation thereof. Modules for drivers education shall
include modules on effects and hazards of consumption of alcohol and drugs
to driving, and the penalties for violating this Act. Questions from these
modules will also be included in the written examination for drivers license
application.

those applying for renewal thereof shall undergo the drivers

education herein stated.
b. The training course for all applicants of drivers license, whether new
or renewal, shall be implemented uniformly nationwide and shall
include the impact of alcohol, drugs, fatigue and distracted driving on
a drivers performance as well as the penalties attached for violation
thereof.
c. The drivers license written examination shall include questions
concerning the effects of alcohol and drug intoxication on the ability
of a person to operate a motor vehicle and the legal and pecuniary
consequences resulting from violation of the provisions of this Act.
For this purpose, the LTO shall cause the revision of all modules on
the effects of alcohol and drug intoxication while driving.
RULE III PROCEDURE FOR APPREHENSION
Section 1. Probable Cause
Probable cause shall mean that the LEO has reasonable ground to believe
that the person driving the motor vehicle is under the influence of alcohol,
dangerous drugs and/or other similar substances upon personally witnessing
a traffic offense committed by means of lane straddling, making sudden
stops, overspeeding, swerving or weaving in such an apparent way as to
indicate that the driver is under the influence of alcohol, dangerous drugs
and/or other similar substances.
In the course of apprehension for another traffic offense, the evident smell of
alcohol in a drivers breath, generally slurred speech in response to
questioning, bloodshot or reddish eyes, flushed face, poor coordination,
difficulty in understanding and responding intelligently to questions shall also
constitute probable cause.
In any case, the burden of proof to establish the existence of probable cause
is on the LEO.
a. Procedure in screening for driving under the influence of alcohol
i.

ii.
a. For professional drivers, every applicant for a drivers license or

Upon personal determination of probable cause, a deputized

LEO shall flag down the motor vehicle, direct the driver to step
out of the vehicle and determine whether or not the driver is
drunk or drugged. If the LEO has reasonable grounds to believe
that the driver is drunk, the LEO shall expressly inform the driver
of his assessment and the driver shall be directed to perform all
of the three (3) above enumerated field sobriety test on site
The LEO shall record the drivers responses to the field sobriety
tests above enumerated, which record shall form part of the

iii.

iv.

v.

vi.

vii.

viii.

ix.

records of the case.

If the driver passes all of the three (3) field sobriety tests, the
driver shall be apprehended for the other traffic offense only and
not for violation of this Act.
If the driver fails any of the field sobriety tests, the LEO shall
proceed to determine the drivers BAC level, through the use of
the ABA, on site.
A driver of a motor vehicle who refuses to undergo the
mandatory testing as required shall be penalized by the
confiscation and automatic revocation of his/her drivers license,
in addition to other penalties provided herein and/or other
pertinent law, after compliance with the requirement of due
process.
A driver who, after ABA testing, registers a BAC higher than the
prescribed limit shall be put under arrest and the motor vehicle
impounded. The LEO shall observe the proper procedure in
effecting the arrest and bringing the driver to the nearest police
station for detention. The motor vehicle shall also be brought to
the nearest LTO impounding area until the same is claimed by
an authorized representative of its registered owner.
In case of a BAC within the allowed limit, the driver shall be
apprehended for the other traffic offense only and not for
violation of this Act.
Under no circumstance shall a driver, who has undergone and
passed the field sobriety test and/or ABA test, be subjected to
drug screening test afterwards.
The LEO shall accomplish the following preparatory to the
turnover of the case to the police officer-on-duty of the nearest
police station:

1. A complaint/charge sheet;
2. Results of the field sobriety tests/ABA test in the prescribed format;
3. Inventory of items under temporary custody (to include motor vehicle
when necessary); and
4. Other pertinent documents.
b. Procedure in screening for driving under the influence of dangerous drugs
and other similar substances
i.

Upon personal determination of probable cause, a deputized

LEO shall flag down the motor vehicle, direct the driver to step
out of the vehicle and determine whether or not the driver is
drunk or drugged. If the LEO has reasonable grounds to believe
that the driver is drugged, the LEO shall expressly inform the
driver of his assessment and shall bring the driver to the nearest
police station.

ii.

iii.

iv.

At the police station, the driver shall be subjected to a drug

screening test, in accordance with existing operational rules and
procedures, and if positive, a drug confirmatory test under
Republic Act No. 9165.
Under no circumstance shall a driver, who has undergone and
passed the drug, be subjected to field sobriety test and/or ABA
test afterwards.
After a positive confirmation, the LEO shall accomplish the
following preparatory to the turnover of the case to the police
officer-on-duty of the nearest police station:

1. Results of the conduct of the DRP in the prescribed format;

2. Inventory of items under temporary custody (to include motor vehicle
when necessary); and
3. Other pertinent documents.
v. Without positive confirmation, the driver shall be apprehended for the other
traffic offense only and not for violation of this Act.
Section 2. Drivers License Custody
All drivers licenses confiscated under these rules shall be turned over to
LTO for safekeeping and shall be released by LTO only after final disposition
or lawful order of the courts.
RULE IV MANDATORY ALCOHOL AND DRUG TESTING
Section 1. Mandatory Alcohol and Chemical Testing of Drivers 5
Involved in Motor Vehicular Accidents
a. A driver of a motor vehicle involved in a vehicular accident resulting in the
loss of human life or physical injuries shall be subjected to on site field
sobriety test and ABA testing, whenever practicable, and, thereafter chemical
tests, including a drug screening test and, if necessary, a drug confirmatory
test as mandated under Republic Act No. 9165, to determine the presence
and/or concentration of alcohol, dangerous drugs and/or similar substances
in the bloodstream or body. A LEO may use other alcohol testing equipment,
such as Gas Chromatography-Mass Spectroscopy (GCMS), whenever the
use of an ABA is not practicable under prevailing circumstances.
b. A driver of a motor vehicle who refuses to undergo the mandatory testing
as required shall be penalized by the confiscation and automatic revocation
of his or her drivers license, in addition to other penalties provided herein
and/or other pertinent laws.
Section 2. Nationwide Random Terminal Inspection and Quick Random

Drug Tests
The LTO shall conduct random terminal inspections and quick random drug
tests of public utility drivers. A driver of a motor vehicle who refuses to
undergo quick random drug tests as required shall be penalized by the
confiscation and automatic revocation of his or her drivers license, in
addition to other penalties provided herein and/or other pertinent laws.
RULE V TESTING EQUIPMENT
Within four (4) months from the effectivity of this Act, the LTO and the
Philippine National Police (PNP) shall acquire sufficient ABAs, drug-testing
kits and other drug confirmatory equipment and other accessory devices to
be deployed to and utilized by LEOs nationwide giving priority to areas with
high reported occurrences of accidents.
For purposes of acquiring these equipment and for the training seminars
indicated in this Act, the LTO shall utilize the Special Road Safety Fund
allotted for this purpose as provided under Section 7 of Republic Act No.
8794, entitled: An Act Imposing a Motor Vehicle Users Charge on Owners
of All Types of Motor Vehicles and for Other Purposes. Additional yearly
appropriations for the purchase of ABAs, drug-testing kits and drug
confirmatory equipment shall be provided annually under the General
Appropriations Act.

previous deputations revoked for any reason whatsoever shall not be

qualified for further deputation.
b. Procedure to be observed by LEOs for deputation
i.

All LEOs must submit, prior to deputation, the following

requirements to the LTO:

1. Information sheet duly indorsed by the Head of Office/agency;

2. Certified True Copy of the Certificate of Appointment;
3. Certification from the recommending government agency that the
LEO has no record of or pending administrative or criminal case;
4. Two 2x2 photos on white background taken within the past six (6)
months and signed at the back; and
5. Valid drug test results taken within the past six (6) months prior to
application.
ii.

A LEO who has complied with the above-mentioned

requirements shall complete the Deputies Training Seminar that
includes the following subject areas:

Section 1. Deputation

1. Pertinent special laws: this Act, Republic Act No. 9165, Republic Act
No. 4136;
2. How to conduct field sobriety tests, ABA test, drug screening test and
DRP;
3. The impact of alcohol and dangerous drugs and other similar
substances on drivers performance;
4. Rules on citizens arrest and inquest proceedings;
5. Rules for public officers such as Republic Act No. 6713, Republic Act
No. 3019, Republic Act No. 9485, and other applicable rules;
6. Life saving techniques and administration of first aid;
7. Conduct and procedures in the apprehension of traffic violators
under this Act; and
8. Filipino values and their impact on the responsibilities of LEOs.

The following guidelines shall be observed in deputation:

iii.

Technical specifications of all ABAs and drug testing kits duly registered with
the Food and Drugs Administration (FDA) shall form part of this acquisition
process. For this purpose and to ensure uniformity of data and test results,
only ABAs and drug testing kits that comply with the standards prescribed by
the DOH shall be used by deputized LEOs nationwide.
RULE VI EDUCATION, DEPUTATION AND ENFORCEMENT

The LEO must also pass the written and other examinations to
be administered by the LTO.

a. Qualification of deputized LEOs.

The LTO may deputize only active members of the PNP, the Metropolitan
Manila Development Authority (MMDA) and LGUs, who are occupying
permanent position items and whose present work assignments are directly
and actually related to traffic management and control. LTO enforcement
officers, by virtue of their functions, need not be deputized to enforce and
implement these rules. However, said LTO enforcers shall be subject to the
same reportorial and procedural guidelines set forth herein. LEOs with

c. Records of deputized LEOs. The LTO shall maintain and update the list of
deputized LEOs and other records such as information sheet of deputies,
deputation orders, IDs, TOP booklets and other relevant documents.
d. Revocation of deputation order. Any of the following causes shall
constitute sufficient ground for the revocation of the deputation:

i. Discourteous conduct;
ii. Extortion;
iii. Negligence;
iv. Insubordination;
v. Misconduct;
vi. Abuse of authority;
vii. Incompetence and inefficiency;
viii. Corruption;
ix. Failure to submit apprehension report within 24 hours from date and time
of apprehension;
x. Any offense involving moral turpitude;
xi. Separation from government service;
xii. Dishonesty;
xiii. Death;
xiv. Withdrawal of endorsement by Head of Agency who endorsed the
request for deputation;
xv. Use of dangerous drugs and other similar substances before and during
the period of deputation;
xvi. Intoxication while in the performance of duty; and
xvii. Other causes similar to and analogous to the foregoing.
e. Liability of deputized LEOs. Any deputized LEO shall be held liable under
the following:
i.

ii.

Soliciting or accepting, directly or indirectly any gift, gratuity,

favour, entertainment, loan or anything of monetary value from
any person in the course of his or her official duties or in
connection with any operation being regulated by, or any
transaction which may be affected by the functions of his or her
office under this Act.
Republic Act No. 6713 otherwise known as the Code of Conduct
and Ethical Standards for Public Officials and Employees,
Republic Act No. 3019 otherwise known as the Anti-Graft and
Corrupt Practices Act, Republic Act No. 9485 otherwise known
as Anti-Red Tape Act and other applicable laws.

f. Procedure for the revocation of deputation

i.
ii.

iii.

A verified complaint may be filed directly before LTO which shall

conduct the investigation of the complaint.
Pending the resolution of the complaint, the LTO Assistant
Secretary may order the suspension of the deputation to
preclude any incident of harassment of the complainant.
A Show Cause Order shall be issued against the deputized LEO
to answer the charges against him/her. Failure to file an answer
within the time prescribed shall not preclude the LTO from

iv.

v.

issuing a resolution based on the available records.

Upon revocation of the deputation order, the LEO shall surrender
his/her deputation ID, TOP booklet, and other deputation
accountable equipment within 72 hours from receipt of the notice
of revocation
The LTO Assistant Secretary may suspend or revoke any
deputation order at any time for any reason whatsoever.

g. Disqualification. A LEO whose deputation is revoked, cancelled or is no

longer renewed for any reason whatsoever and who fails to surrender any of
the accountabilities hereinabove enumerated shall be disqualified from
applying anew under these rules and shall be held liable under existing laws.
h. Validity of deputation order. A deputation order shall be valid for six (6)
months from date of issue and may be renewed every six (6) months
thereafter unless earlier recalled by the LTO Assistant Secretary.
Section 2. Law Enforcement Officer Education
The LTO and the PNP shall conduct periodic training seminars for their LEOs
with regard to the proper conduct of field sobriety tests and ABA tests. Within
four (4) months from the effectivity of this Act, the LTO shall publish the
guidelines and procedures for the proper conduct of field sobriety tests,
which guidelines shall be made available to the public and made available for
download through the official LTO website.
RULE VI - PENALTIES
Section 1.
A driver found to have been driving a motor vehicle while under the influence
of alcohol, dangerous drugs and/or other similar substances, as provided for
under Section 5 of RA10586, shall be penalized as follows:
a. If the violation did not result in physical injuries or homicide, the
penalty of three (3) months imprisonment, and a fine ranging from
Twenty thousand pesos (Php 20,000.00) to Eighty thousand pesos
(Php 80,000.00) shall be imposed;
b. If the violation resulted in physical injuries, the penalty provided in
Article 263 of the Revised Penal Code or the penalty provided in the
next preceding subparagraph, whichever is higher, and a fine
ranging from One hundred thousand pesos (Php 100,000.00) to Two
hundred thousand pesos (Php 200,000.00) shall be imposed;
c. If the violation resulted in homicide, the penalty provided in Article
249 of the Revised Penal Code and a fine ranging from Three 1
hundred thousand pesos (Php 300,000.00) to Five hundred

thousand pesos (Php 500,000.00) shall be imposed; and

d. The non-professional drivers license of any person found to have
violated the law shall also be confiscated and suspended for a period
of twelve (12) months for the first conviction and perpetually revoked
for the second conviction. The professional drivers license shall also
be confiscated and perpetually revoked for the first conviction. The
perpetual revocation of a drivers license shall disqualify the person
from being granted any kind of drivers license thereafter.
Section 2.
The prosecution for any violation of this Act shall be without prejudice to
criminal prosecution for violation of the Revised Penal Code, Republic Act
No. 9165 and other special laws and existing local ordinances, whenever
applicable.
Section 3. Direct Liability of Operator and/or Owner of the Offending
Vehicle
The owner and/or operator of the motor vehicle driven by the offender shall
be directly and principally held liable together with the offender for the fine
and the award against the offender for civil damages unless he/she is able to
convincingly prove that he/she has exercised extraordinary diligence in the
selection and supervision of his/her drivers in general and the offending
driver in particular.
This section shall principally apply to the owners and/or operators of public
utility vehicles and commercial vehicles such as delivery vans, cargo trucks,
container trucks, school and company buses, hotel transports, cars or vans
for rent, taxi cabs, and the like.
Section 4. Review of Penalties
The LTO shall, after five (5) years from the effectivity of this Act and every
five (5) years thereafter, review the applicability and enforcement of all
foregoing pecuniary penalties and shall initiate amendment and/or upgrade
the same as may be necessary, subject to the approval of the Secretary of
the DOTC.
RULE VII NATIONWIDE INFORMATION CAMPAIGN AND INSPECTION
Section 1. Nationwide Information Campaign
Within one (1) month from the promulgation of this IRR as provided under
Section 17 of this Act, the Philippine Information Agency (PIA), in
coordination with the LTO, the LGUs and other concerned agencies, shall

conduct information, education and communication (IEC) campaign for the

attainment of the objectives of this Act.
RULE VIII FINAL PROVISIONS
Section 1. Rules Committee
The Committee constituted pursuant to Section 17 of this Act, may be
reconvened by its Chairman at his instance, or upon the recommendation of
any members of the Committee, formulate and prescribe amendments to
these Rules, consistent with the letter and spirit of this Act.
Section 2. Effectivity
These Rules shall take effect after fifteen (15) days from its publication in the
Official Gazette or in two (2) newspapers of general circulation.
Section 3. Repealing Clause
Subparagraph (f), Section 56, Article 1 of Republic Act No. 4136, otherwise
known as the Land Transportation and Traffic Code, as amended;
subparagraph (f), Section 5 of Republic Act No. 7924, otherwise known as
An Act Creating the Metropolitan Manila Development Authority, Defining its
Powers and Functions, Providing Funds Therefore and for Other Purposes;
subparagraph (a), Section 36 of Republic Act No. 9165; and all other laws,
orders, issuances, circulars, rules and regulations or parts thereof which are
inconsistent with any provision of this Act are hereby repealed or modified
accordingly.
Section 4. Separability Clause
If, for any reason, any part or provision of these Rules is declared invalid,
such declaration shall not affect the other provisions hereof.

Republic Act No. 9287

April 2, 2004

AN ACT INCREASING THE PENALTIES FOR ILLEGAL NUMBERS

GAMES, AMENDING CERTAIN PROVISIONS OF PRESIDENTIAL
DECREE NO. 1602, AND FOR OTHER PURPOSES
Sec. 3. Punishable Acts. - Any person who participates in any illegal
numbers game shall suffer the following penalties:
a) The penalty of imprisonment from thirty (30) days to ninety (90) days,
if such person acts as a bettor;
b) The penalty of imprisonment from six (6) years and one (1) day to
eight (8) years, if such person acts as a personnel or staff of an
illegal numbers game operation; The same penalty shall likewise be
imposed to any person who allows his vehicle, house, building or
land to be used in the operation of the illegal numbers games.
c) The penalty of imprisonment from eight (8) years and one (1) day to
ten (10) years, if such person acts as a collector or agent;
d) The penalty of imprisonment from ten (10) years and one (1) day to
twelve (12) years, if such person acts as a coordinator, controller or
supervisor;
e) The penalty of imprisonment from twelve (12) years and one (1) day
to ten (10) fourteen (14) years, if such person acts as a maintainer,
manager or operator; and
f) The penalty of imprisonment from fourteen (14) years and one (1)
day to sixteen (16) years, if such person acts as a financier or
capitalist;
g) The penalty of imprisonment from sixteen (16) years and one (1) day
to twenty (20) years, if such person acts as protector or coddler.

Republic Act No. 9208

May 26, 2003

AN ACT TO INSTITUTE POLICIES TO ELIMINATE TRAFFICKING IN

PERSONS ESPECIALLY WOMEN AND CHILDREN, ESTABLISHING THE
NECESSARY INSTITUTIONAL MECHANISMS FOR THE PROTECTION
AND SUPPORT OF TRAFFICKED PERSONS, PROVIDING PENALTIES
FOR ITS VIOLATIONS, AND FOR OTHER
Section 1. Title. This Act shall be known as the "Anti-Trafficking in
Persons Act of 2003".
Section 3. Definition of Terms. - As used in this Act:
(a) Trafficking in Persons - refers to the recruitment, transportation, transfer
or harboring, or receipt of persons with or without the victim's consent or
knowledge, within or across national borders by means of threat or use of
force, or other forms of coercion, abduction, fraud, deception, abuse of power
or of position, taking advantage of the vulnerability of the person, or, the
giving or receiving of payments or benefits to achieve the consent of a
person having control over another person for the purpose of exploitation
which includes at a minimum, the exploitation or the prostitution of others or
other forms of sexual exploitation, forced labor or services, slavery, servitude
or the removal or sale of organs.
The recruitment, transportation, transfer, harboring or receipt of a child for
the purpose of exploitation shall also be considered as "trafficking in persons"
even if it does not involve any of the means set forth in the preceding
paragraph.
(b) Child - refers to a person below eighteen (18) years of age or one who is
over eighteen (18) but is unable to fully take care of or protect himself/herself
from abuse, neglect, cruelty, exploitation, or discrimination because of a
physical or mental disability or condition.
(c) Prostitution - refers to any act, transaction, scheme or design involving
the use of a person by another, for sexual intercourse or lascivious conduct
in exchange for money, profit or any other consideration.
(d) Forced Labor and Slavery - refer to the extraction of work or services
from any person by means of enticement, violence, intimidation or threat, use
of force or coercion, including deprivation of freedom, abuse of authority or
moral ascendancy, debt-bondage or deception.
(e) Sex Tourism - refers to a program organized by travel and tourism-related
establishments and individuals which consists of tourism packages or
activities, utilizing and offering escort and sexual services as enticement for
tourists. This includes sexual services and practices offered during rest and

recreation periods for members of the military.

(f) Sexual Exploitation - refers to participation by a person in prostitution or
the production of pornographic materials as a result of being subjected to a
threat, deception, coercion, abduction, force, abuse of authority, debt
bondage, fraud or through abuse of a victim's vulnerability.
(g) Debt Bondage - refers to the pledging by the debtor of his/her personal
services or labor or those of a person under his/her control as security or
payment for a debt, when the length and nature of services is not clearly
defined or when the value of the services as reasonably assessed is not
applied toward the liquidation of the debt.
(h) Pornography - refers to any representation, through publication,
exhibition, cinematography, indecent shows, information technology, or by
whatever means, of a person engaged in real or simulated explicit sexual
activities or any representation of the sexual parts of a person for primarily
sexual purposes.
(i) Council - shall mean the Inter-Agency Council Against Trafficking created
under Section 20 of this Act.
Section 4. Acts of Trafficking in Persons. - It shall be unlawful for any
person, natural or juridical, to commit any of the following acts:
(a) To recruit, transport, transfer; harbor, provide, or receive a person by
any means, including those done under the pretext of domestic or
overseas employment or training or apprenticeship, for the purpose
of prostitution, pornography, sexual exploitation, forced labor,
slavery, involuntary servitude or debt bondage;
(b) To introduce or match for money, profit, or material, economic or
other consideration, any person or, as provided for under Republic
Act No. 6955, any Filipino woman to a foreign national, for marriage
for the purpose of acquiring, buying, offering, selling or trading
him/her to engage in prostitution, pornography, sexual exploitation,
forced labor, slavery, involuntary servitude or debt bondage;
(c) To offer or contract marriage, real or simulated, for the purpose of
acquiring, buying, offering, selling, or trading them to engage in
prostitution, pornography, sexual exploitation, forced labor or slavery,
involuntary servitude or debt bondage;
(d) To undertake or organize tours and travel plans consisting of tourism
packages or activities for the purpose of utilizing and offering
persons for prostitution, pornography or sexual exploitation;
(e) To maintain or hire a person to engage in prostitution or
pornography;
(f) To adopt or facilitate the adoption of persons for the purpose of

prostitution, pornography, sexual exploitation, forced labor, slavery,

involuntary servitude or debt bondage;
(g) To recruit, hire, adopt, transport or abduct a person, by means of
threat or use of force, fraud, deceit, violence, coercion, or intimidation
for the purpose of removal or sale of organs of said person; and
(h) To recruit, transport or adopt a child to engage in armed activities in
the Philippines or abroad.
Section 5. Acts that Promote Trafficking in Persons. - The following acts
which promote or facilitate trafficking in persons, shall be unlawful:
(a) To knowingly lease or sublease, use or allow to be used any house,
building or establishment for the purpose of promoting trafficking in
persons;
(b) To produce, print and issue or distribute unissued, tampered or fake
counseling certificates, registration stickers and certificates of any
government agency which issues these certificates and stickers as
proof of compliance with government regulatory and pre-departure
requirements for the purpose of promoting trafficking in persons;
(c) To advertise, publish, print, broadcast or distribute, or cause the
advertisement, publication, printing, broadcasting or distribution by
any means, including the use of information technology and the
internet, of any brochure, flyer, or any propaganda material that
promotes trafficking in persons;
(d) To assist in the conduct of misrepresentation or fraud for purposes of
facilitating the acquisition of clearances and necessary exit
documents from government agencies that are mandated to provide
pre-departure registration and services for departing persons for the
purpose of promoting trafficking in persons;
(e) To facilitate, assist or help in the exit and entry of persons from/to the
country at international and local airports, territorial boundaries and
seaports who are in possession of unissued, tampered or fraudulent
travel documents for the purpose of promoting trafficking in persons;
(f) To confiscate, conceal, or destroy the passport, travel documents, or
personal documents or belongings of trafficked persons in
furtherance of trafficking or to prevent them from leaving the country
or seeking redress from the government or appropriate agencies;
and
(g) To knowingly benefit from, financial or otherwise, or make use of, the
labor or services of a person held to a condition of involuntary
servitude, forced labor, or slavery.
Section 6. Qualified Trafficking in Persons. - The following are considered as
qualified trafficking:
(a) When the trafficked person is a child;

(b) When the adoption is effected through Republic Act No. 8043,
otherwise known as the "Inter-Country Adoption Act of 1995" and
said adoption is for the purpose of prostitution, pornography, sexual
exploitation, forced labor, slavery, involuntary servitude or debt
bondage;
(c) When the crime is committed by a syndicate, or in large scale.
Trafficking is deemed committed by a syndicate if carried out by a
group of three (3) or more persons conspiring or confederating with
one another. It is deemed committed in large scale if committed
against three (3) or more persons, individually or as a group;
(d) When the offender is an ascendant, parent, sibling, guardian or a
person who exercises authority over the trafficked person or when
the offense is committed by a public officer or employee;
(e) When the trafficked person is recruited to engage in prostitution with
any member of the military or law enforcement agencies;
(f) When the offender is a member of the military or law enforcement
agencies; and
(g) When by reason or on occasion of the act of trafficking in persons,
the offended party dies, becomes insane, suffers mutilation or is
afflicted with Human Immunodeficiency Virus (HIV) or the Acquired
Immune Deficiency Syndrome (AIDS).