Article 124Act No. 3815, Sec./Art. 124

Arbitrary detention.-Any public officer or employee who, without legal grounds, detains a person, shall suffer:

1. The penalty of arresto mayor in its maximum period to prision correccional in its minimum period, if the detention has not exceeded three days;

2. The penalty of prision correccional in its medium and maximum periods, if the detention has continued more than three but not more than fifteen days;

3. The penalty of prision mayor, if the detention has continued for more than fifteen days but not more than six months; and

4. That of reclusion temporal, if the detention shall have exceeded six months.

The commission of a crime, or violent insanity or any other ailment requiring the compulsory confinement of the patient in a hospital, shall be considered legal grounds for the detention of any person.

REVISED PENAL CODE TEXT AND SPECIAL PENAL LAWS

the price of the drug test with DOH accredited drug

testing centers to further reduce the cost of such drug

test. The drug testing shall employ, among others, two (2)

testing methods, the screening test which will determine

the positive result as well as the type of the drug used

and the confirmatory test which will confirm a positive

screening test. Drug test certificates issued by accredited

drug testing centers shall be valid for a one-year period

from the date of issue which may be used for other

purposes. The following shall be subjected to undergo

drug testing:

(a) Applicants for driver's license. – No driver's license shall

be

issued

or renewed to any person unless he/she

presents a certification that he/she has undergone a

mandatory drug test and indicating thereon that he/she

is free from the use of dangerous drugs;

(b) Applicants for firearms license and for permit to carry

firearms outside of residence. – All applicants for firearms

license and permit to carry firearms outside of residence

shall undergo a mandatory drug test to ensure that they

are free from the use of dangerous drugs: Provided , That

all persons who by the nature of their profession carry

firearms shall undergo drug testing;

(c) Students of secondary and tertiary schools. – Students

of secondary and tertiary schools shall, pursuant to the

related rules and regulations as contained in the school's

student

handbook

and

with

notice

to

the parents,

undergo a random drug testing: Provided , That all drug

testing expenses whether in public or private schools

under this Section will be borne by the government;

(d) Officers and employees of public and private offices. –

Officers and employees of public and private offices,

whether domestic or overseas, shall be subjected to

undergo

a

random

drug

test

as

contained

in

the

company's work rules and regulations, which shall be

borne by the employer, for purposes of reducing the risk

in the workplace. Any officer or employee found positive

for

use

of

dangerous

drugs

shall

be

dealt

with

administratively which shall be a ground for suspension

or termination, subject to the provisions of Article 282 of

the Labor Code and pertinent provisions of the Civil

Service Law;

(e) Officers and members of the military, police and other

law enforcement agencies. – Officers and members of the

military, police and other law enforcement agencies shall

undergo an annual mandatory drug test;

(f) All persons charged before the prosecutor's office with

a

criminal

offense

having

an

imposable

penalty

of

imprisonment of not less than six (6) years and one (1) day

shall have to undergo a mandatory drug test; and

(g) All candidates for public office whether appointed or

elected both in the national or local government shall

undergo a mandatory drug test.

In addition to the above stated penalties in this Section,

those found to be positive for dangerous drugs use shall

be subject to the provisions of Section 15 of this Act.

Section 37. Issuance of False or Fraudulent Drug Test

Results . – Any person authorized, licensed or accredited

under this Act and its implementing rules to conduct

drug examination or test, who issues false or fraudulent

drug test results knowingly, willfully or through gross

negligence, shall suffer the penalty of imprisonment

ranging from six (6) years and one (1) day to twelve (12)

years and a fine ranging from One hundred thousand

pesos (P100,000.00) to Five hundred thousand pesos

(P500,000.00).

An additional penalty shall be imposed through the

revocation of the license to practice his/her profession in

case of a practitioner, and the closure of the drug testing

center.

Section

38.

Laboratory

Examination

or

Test

on

Apprehended/Arrested Offenders . – Subject to Section 15

of this Act, any person apprehended or arrested for

violating the provisions of this Act shall be subjected to

screening

laboratory

examination

or

test

within

twenty-four (24) hours, if the apprehending or arresting

officer has reasonable ground to believe that the person

apprehended or arrested, on account of physical signs or

symptoms or other visible or outward manifestation, is

under the influence of dangerous drugs. If found to be

positive,

the

results

of

the

screening

laboratory

examination or test shall be challenged within fifteen (15)

days after receipt of the result through a confirmatory

test conducted in any accredited analytical laboratory

equipment

with

a

gas

chromatograph/mass

spectrometry equipment or some such modern and

accepted method, if confirmed the same shall be prima

facie evidence that such person has used dangerous

drugs, which is without prejudice for the prosecution for

other violations of the provisions of this Act: Provided ,

That

a

positive

screening

laboratory

test

must

be

confirmed for it to be valid in a court of law.

Section 39. Accreditation of Drug Testing Centers and

Physicians. – The DOH shall be tasked to license and

accredit drug testing centers in each province and city in

order to assure their capacity, competence, integrity and

stability to conduct the laboratory examinations and tests

provided in this Article, and appoint such technical and

other personnel as may be necessary for the effective

implementation of this provision. The DOH shall also

accredit

physicians

who

shall

conduct

the

drug

dependency examination of a drug dependent as well as

the after-care and follow-up program for the said drug

dependent. There shall be a control regulations, licensing

and accreditation division under the supervision of the

DOH for this purpose.

For this purpose, the DOH shall establish, operate and

maintain drug testing centers in government hospitals,

which

must

be

provided

at

least

with

basic

technologically advanced equipment and materials, in

order to conduct the laboratory examination and tests

herein provided, and appoint such qualified and duly

trained

technical

and

other

personnel

as

may

be

necessary

for

the

effective

implementation

of

this

provision.

Section

40.

Records

Required

for

Transactions

on

Dangerous

Drug

and

Precursors

and

Essential

Chemicals. –

a) Every pharmacist dealing in dangerous drugs and/or

controlled

precursors

and

essential

chemicals

shall

maintain and keep an original record of sales, purchases,

acquisitions and deliveries of dangerous drugs, indicating

therein the following information:

(1) License number and address of the pharmacist;

(2) Name, address and license of the manufacturer,

importer or wholesaler from whom the dangerous drugs

have been purchased;

(3) Quantity and name of the dangerous drugs purchased

or acquired;

(4) Date of acquisition or purchase;

(5) Name, address and community tax certificate number

of the buyer;

(6) Serial number of the prescription and the name of the

physician, dentist, veterinarian or practitioner issuing the

same;

(7) Quantity and name of the dangerous drugs sold or

delivered; and

(8) Date of sale or delivery.

A certified true copy of such record covering a period of

six (6) months, duly signed by the pharmacist or the

owner

of

the

drugstore,

pharmacy

or

chemical

establishment, shall be forwarded to the Board within

fifteen (15) days following the last day of June and

December of each year, with a copy thereof furnished the

city or municipal health officer concerned.

© Compiled By RGL

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