Article 126Act No. 3815, Sec./Art. 126

Delaying release.-The penalties provided for in article 124 shall be imposed upon any public officer or employee who delays for the period of time specified therein the performance of any judicial or executive order for the release of a prisoner or detention prisoner, or unduly delays the service of the notice of such order to said prisoner or the proceedings upon any petition for the liberation of such person.

REVISED PENAL CODE TEXT AND SPECIAL PENAL LAWS

implementation

of

the national drug-free workplace

program. The amount necessary for the implementation

of

which

shall

be

included

in

the

annual

General

Appropriations Act.

ARTICLE VI Participation of the Private and

Labor Sectors in the Enforcement of this Act

Section 49. Labor Organizations and the Private Sector . –

All

labor

unions,

federations,

associations,

or

organizations in cooperation with the respective private

sector partners shall include in their collective bargaining

or any similar agreements, joint continuing programs and

information campaigns for the laborers similar to the

programs provided under Section 47 of this Act with the

end in view of achieving a drug free workplace.

Section 50. Government Assistance. – The labor sector

and

the

respective

partners

may, in pursuit of the

programs mentioned in the preceding Section, secure

the technical assistance, such as but not limited to,

seminars and information dissemination campaigns of

the

appropriate

government

and

law

enforcement

agencies.

ARTICLE VII Participation of Local Government

Units

Section 51. Local Government Units' Assistance . – Local

government units shall appropriate a substantial portion

of their respective annual budgets to assist in or enhance

the enforcement of this Act giving priority to preventive

or

educational

programs

and

the

rehabilitation

or

treatment of drug dependents.

Section

52.

Abatement

of

Drug

Related

Public

Nuisances. – Any place or premises which have been used

on two or more occasions as the site of the unlawful sale

or delivery of dangerous drugs may be declared to be a

public nuisance, and such nuisance may be abated,

pursuant to the following procedures:

(1) Any city or municipality may, by ordinance, create an

administrative board to hear complaints regarding the

nuisances;

(2) any employee, officer, or resident of the city or

municipality may bring a complaint before the Board

after giving not less than three (3) days written notice of

such complaint to the owner of the place or premises at

his/her last known address; and

(3) After hearing in which the Board may consider any

evidence, including evidence of the general reputation of

the place or premises, and at which the owner of the

premises shall have an opportunity to present evidence in

his/her defense, the Board may declare the place or

premises to be a public nuisance.

Section 53. Effect of Board Declaration. – If the Board

declares a place or premises to be a public nuisance, it

may

declare

an

order

immediately

prohibiting

the

conduct, operation, or maintenance of any business or

activity on the premises which is conducive to such

nuisance.

An order entered under this Section shall expire after one

(1) year or at such earlier time as stated in the order. The

Board may bring a complaint seeking a permanent

injunction against any nuisance described under this

Section.

This Article does not restrict the right of any person to

proceed

under

the

Civil

Code

against

any

public

nuisance.

ARTICLE VIII Program for Treatment and

Rehabilitation of Drug Dependents

Section 54. Voluntary Submission of a Drug Dependent

to Confinement, Treatment and Rehabilitation. – A drug

dependent or any person who violates Section 15 of this

Act may, by himself/herself or through his/her parent,

spouse, guardian or relative within the fourth degree of

consanguinity or affinity, apply to the Board or its duly

recognized

representative,

for

treatment

and

rehabilitation

of

the

drug

dependency.

Upon

such

application, the Board shall bring forth the matter to the

Court which shall order that the applicant be examined

for

drug

dependency.

If

the

examination

by

a

DOH-accredited physician results in the issuance of a

certification that the applicant is a drug dependent,

he/she

shall

be

ordered

by

the

Court

to

undergo

treatment and rehabilitation in a Center designated by

the Board for a period of not less than six (6) months:

Provided , That a drug dependent may be placed under

the care of a DOH-accredited physician where there is no

Center near or accessible to the residence of the drug

dependent or where said drug dependent is below

eighteen (18) years of age and is a first-time offender and

non-confinement in a Center will not pose a serious

danger to his/her family or the community.

Confinement in a Center for treatment and rehabilitation

shall not exceed one (1) year, after which time the Court,

as well as the Board, shall be apprised by the head of the

treatment and rehabilitation center of the status of said

drug

dependent

and

determine

whether

further

confinement

will

be

for

the

welfare

of

the

drug

dependent and his/her family or the community.

Section 55. Exemption from the Criminal Liability Under

the Voluntary Submission Program. A drug dependent

under the voluntary submission program, who is finally

discharged from confinement, shall be exempt from the

criminal liability under Section 15 of this act subject to the

following conditions:

(1) He/she has complied with the rules and regulations of

the center, the applicable rules and regulations of the

Board, including the after-care and follow-up program for

at

least

eighteen

(18)

months

following

temporary

discharge from confinement in the Center or, in the case

of

a

dependent

placed

under

the

care

of

the

DOH-accredited physician, the after-care program and

follow-up

schedule

formulated

by

the

DSWD

and

approved by the Board: Provided , That capability-building

of local government social workers shall be undertaken

by the DSWD;

(2) He/she has never been charged or convicted of any

offense punishable under this Act, the Dangerous Drugs

Act of 1972 or Republic Act No. 6425, as amended; the

Revised Penal Code, as amended; or any special penal

laws;

(3) He/she has no record of escape from a Center:

Provided , That had he/she escaped, he/she surrendered

by himself/herself or through his/her parent, spouse,

guardian

or

relative

within

the

fourth

degree

of

consanguinity or affinity, within one (1) week from the

date of the said escape; and

(4) He/she poses no serious danger to himself/herself,

his/her family or the community by his/her exemption

from criminal liability.

Section

56.

Temporary

Release

From

the

Center;

After-Care

and

Follow-Up

Treatment

Under

the

Voluntary Submission Program. – Upon certification of

the Center that the drug dependent within the voluntary

submission program may be temporarily released, the

Court shall order his/her release on condition that said

drug dependent shall report to the DOH for after-care

and follow-up treatment, including urine testing, for a

period not exceeding eighteen (18) months under such

terms and conditions that the Court may impose.

If during the period of after-care and follow-up, the drug

dependent is certified to be rehabilitated, he/she may be

discharged by the Court, subject to the provisions of

Section 55 of this Act, without prejudice to the outcome

of any pending case filed in court.

However, should the DOH find that during the initial

after-care

and

follow-up

program

of

eighteen

(18)

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