COMPREHENSIVE DANGEROUS DRUGS ACT OF 2002

Case Overview and Summary

Summary of the Comprehensive Dangerous Drugs Act of 2002

Definitions (Section 3)
- Defines key terms used in the law, such as "dangerous drugs", "controlled precursors and essential chemicals", "drug dependence", "drug syndicate", and various drug-related activities.

Unlawful Acts and Penalties (Sections 4-20)
- Outlines penalties for various drug-related offenses, including:
• Importation of dangerous drugs (Section 4): Life imprisonment to death and a fine of ₱500,000 to ₱10 million.
• Sale, trading, administration, dispensation, delivery, distribution, and transportation of dangerous drugs (Section 5): Life imprisonment to death and a fine of ₱500,000 to ₱10 million.
• Maintenance of a drug den, dive, or resort (Section 6): Life imprisonment to death and a fine of ₱500,000 to ₱10 million.
• Manufacture of dangerous drugs (Section 8): Life imprisonment to death and a fine of ₱500,000 to ₱10 million.
• Possession of dangerous drugs (Section 11): Penalties vary based on the quantity and type of drug, ranging from 12 years and 1 day to life imprisonment and fines from ₱300,000 to ₱10 million.
• Cultivation or culture of plants classified as dangerous drugs (Section 16): Life imprisonment to death and a fine of ₱500,000 to ₱10 million.
• Unlawful prescription of dangerous drugs (Section 19): Life imprisonment to death and a fine of ₱500,000 to ₱10 million.
• Provisions for confiscation and forfeiture of proceeds and instruments related to drug offenses (Section 20).

Dangerous Drugs Test and Record Requirements (Sections 36-40)
• Authorizes drug testing for various groups, including applicants for driver's licenses, firearm licenses, students, government employees, and those charged with criminal offenses (Section 36).
• Penalties for issuing false or fraudulent drug test results (Section 37).
• Requirements for maintaining records of transactions involving dangerous drugs and controlled precursors and essential chemicals (Section 40).

Participation of Various Sectors (Sections 41-53)
• Outlines the roles and responsibilities of families, students, teachers, school authorities, private and labor sectors, and local government units in drug prevention and control efforts.
• Provisions for abatement of drug-related public nuisances (Sections 52-53).

Program for Treatment and Rehabilitation of Drug Dependents (Sections 54-76)
• Establishes programs for voluntary and compulsory submission of drug dependents for treatment and rehabilitation (Sections 54-64).
• Provisions for suspension of sentence, probation, and community service for first-time minor offenders (Sections 66-70).
• Confidentiality of records for drug dependents (Sections 60, 64, 71-72).
• Cost-sharing for treatment and rehabilitation (Section 74).
• Establishment and operation of treatment and rehabilitation centers (Section 75).
• Duties and responsibilities of the Department of Health (DOH) (Section 76).

Dangerous Drugs Board and Philippine Drug Enforcement Agency (Sections 77-86)
• Establishes the Dangerous Drugs Board as the policy-making and strategy-formulating body for drug prevention and control (Section 77).
• Outlines the composition, meetings, and powers and duties of the Dangerous Drugs Board (Sections 78-81).
• Creates the Philippine Drug Enforcement Agency (PDEA) as the implementing arm of the Board (Section 82).
• Outlines the organization, powers, and duties of the PDEA (Sections 83-84).
• Provisions for the PDEA Academy (Section 85).
• Provisions for the transfer, absorption, and integration of existing drug enforcement units into the PDEA (Section 86).

Appropriations, Management of Funds, and Annual Report (Sections 87-89)
• Appropriations for the operation of the Dangerous Drugs Board and PDEA (Section 87).
• Management of funds and annual reporting requirements (Sections 88-89).

Jurisdiction Over Dangerous Drugs Cases (Sections 90-93)
• Designation of special courts and prosecutors for dangerous drugs cases (Section 90).
• Responsibilities and liabilities of law enforcement agencies and government officials in testifying as prosecution witnesses (Section 91).
• Penalties for delay and bungling in the prosecution of drug cases (Section 92).
• Procedures for reclassification, addition, or removal of drugs from the list of dangerous drugs (Section 93).

Implementing Rules and Regulations (Section 94)
• Requires the promulgation of implementing rules and regulations within 60 days.

Final Provisions (Sections 95-102)
• Establishes a Congressional Oversight Committee and outlines its powers and functions (Sections 95-97).
• Limited applicability of the Revised Penal Code (Section 98).
• Separability clause (Section 99).
• Repealing and amending clauses (Sections 100-101).
• Effectivity clause (Section 102).