Amending Certain Sections Of Republic Act No. 6425, Otherwise Known As The Dangerous Drugs Act Of 1972.
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Amending Certain Sections Of Republic Act No. 6425, Otherwise Known As The Dangerous Drugs Act Of 1972.
Presidential Decree No. 44
November 9, 1972
Case Overview and Summary
SUMMARY OF PRESIDENTIAL DECREE NO. 44Voluntary Submission of a Drug Dependent to Confinement, Treatment and Rehabilitation (Section 30):
- A drug dependent who voluntarily submits for confinement, treatment and rehabilitation shall not be criminally liable for drug use or possession.
- A minor can be committed for treatment upon sworn petition of parent, guardian, relative, Director of Health or Secretary of Social Welfare.
- The court shall order examination by two accredited physicians to determine drug dependency.
- If found drug dependent, the court shall order commitment to a designated center.
- Procedures for release upon rehabilitation and recommitment in case of escape are provided.
- Medical records shall be confidential.
Compulsory Submission of a Drug Dependent to Treatment and Rehabilitation (Section 31):
- If a person charged with an offense is found to be a drug dependent, proceedings shall be suspended.
- The Dangerous Drugs Board shall determine if commitment to a center is required.
- The court shall order commitment upon the Board's petition and monitor treatment progress.
- Upon rehabilitation, prosecution shall continue, and detention period may be deducted from penalty.
- Prescription period for the offense shall not run during detention or confinement.
Creation and Compensation of the Dangerous Drugs Board (Section 35):
- A Dangerous Drugs Board is created with six ex-officio members from various departments.
- The Secretary of Health shall be the chairman.
- Members shall receive a per diem of 50 pesos per meeting.
- An executive committee may act on behalf of the Board when public interest requires.
- An executive director shall be appointed with a salary of 20,000 pesos per annum.
Jurisdiction (Section 39):
- Courts of First Instance, Circuit Criminal Courts, and Juvenile and Domestic Relations Courts shall have concurrent jurisdiction.
- Juvenile courts shall have exclusive jurisdiction for offenders under 16 years old.
- Preliminary investigation shall be terminated within 30 days.
- Information shall be filed within 24 hours (prosecutor) or 48 hours (judge) after preliminary investigation.
- Trial shall be finished within 90 days from filing of information.
- Decision shall be rendered within 15 days from submission of the case.
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Amending Certain Sections Of Republic Act No. 6425, Otherwise Known As The Dangerous Drugs Act Of 1972.
Presidential Decree No. 44
•November 9, 1972
MALACAÑANGM a n i l a
PRESIDENTIAL DECREE No. 44 November 9, 1972
AMENDING CERTAIN SECTIONS OF REPUBLIC ACT NO. 6425, OTHERWISE KNOWN AS THE DANGEROUS DRUGS ACT OF 1972.
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;
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;
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;
WHEREAS, in order that the desired aims 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,...
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Amends
n/a
Amended by
n/a
Tags
Executive Issuances
Presidential Decrees
drug addiction
dangerous drugs
drug dependent
treatment
rehabilitation
confinement
commitment
Dangerous Drugs Board
jurisdiction
preliminary investigation
trial period
MALACAÑANGM a n i l a
PRESIDENTIAL DECREE No. 44 November 9, 1972
AMENDING CERTAIN SECTIONS OF REPUBLIC ACT NO. 6425, OTHERWISE KNOWN AS THE DANGEROUS DRUGS ACT OF 1972.
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;
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;
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;
WHEREAS, in order that the desired aims 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,...
Login to see full content