Article 127Act No. 3815, Sec./Art. 127

Expulsion.-The penalty of prision correccional shall be imposed upon any public officer or employee who, not being thereunto authorized by law, shall expel any person from the Philippine Islands or shall compel such person to change his residence.

SECTION TWO.-Violation of domicile

REVISED PENAL CODE TEXT AND SPECIAL PENAL LAWS

months, the drug dependent requires further treatment

and

rehabilitation

in

the

Center,

he/she

shall

be

recommitted to the Center for confinement. Thereafter,

he/she may again be certified for temporary release and

ordered released for another after-care and follow-up

program pursuant to this Section.

Section 57. Probation and Community Service Under the

Voluntary Submission Program. – A drug dependent who

is discharged as rehabilitated by the DOH-accredited

Center through the voluntary submission program, but

does not qualify for exemption from criminal liability

under Section 55 of this Act, may be charged under the

provisions of this Act, but shall be placed on probation

and

undergo

a

community

service

in

lieu

of

imprisonment and/or fine in the discretion of the court,

without prejudice to the outcome of any pending case

filed in court.

Such drug dependent shall undergo community service

as part of his/her after-care and follow-up program, which

may be done in coordination with nongovernmental civil

organizations

accredited

by

the

DSWD,

with

the

recommendation of the Board.

Section 58. Filing of Charges Against a Drug Dependent

Who

is

Not

Rehabilitated

Under

the

Voluntary

Submission Program . – A drug dependent, who is not

rehabilitated after the second commitment to the Center

under the voluntary submission program, shall, upon

recommendation of the Board, be charged for violation of

Section 15 of this Act and prosecuted like any other

offender. If convicted, he/she shall be credited for the

period of confinement and rehabilitation in the Center in

the service of his/her sentence.

Section 59. Escape and Recommitment for Confinement

and

Rehabilitation

Under

the

Voluntary Submission

Program . – Should a drug dependent under the voluntary

submission program escape from the Center, he/she may

submit himself/herself for recommitment within one (1)

week therefrom, or his/her parent, spouse, guardian or

relative within the fourth degree of consanguinity or

affinity

may,

within

said

period,

surrender

him

for

recommitment, in which case the corresponding order

shall be issued by the Board.

Should the escapee fail to submit himself/herself or be

surrendered after one (1) week, the Board shall apply to

the court for a recommitment order upon proof of

previous commitment or his/her voluntary submission by

the

Board,

the

court

may

issue

an

order

for

recommitment within one (1) week.

If, subsequent to a recommitment, the dependent once

again

escapes

from

confinement,

he/she

shall

be

charged for violation of Section 15 of this Act and he

subjected under section 61 of this Act, either upon order

of the Board or upon order of the court, as the case may

be.

Section

60.

Confidentiality

of

Records

Under

the

Voluntary Submission Program . – Judicial and medical

records

of

drug

dependents

under

the

voluntary

submission program shall be confidential and shall not

be used against him for any purpose, except to determine

how many times, by himself/herself or through his/her

parent, spouse, guardian or relative within the fourth

degree of consanguinity or affinity, he/she voluntarily

submitted himself/herself for confinement, treatment

and rehabilitation or has been committed to a Center

under this program.

Section

61.

Compulsory

Confinement

of

a

Drug

Dependent Who Refuses to Apply Under the Voluntary

Submission Program . – Notwithstanding any law, rule

and regulation to the contrary, any person determined

and found to be dependent on dangerous drugs shall,

upon petition by the Board or any of its authorized

representative,

be

confined

for

treatment

and

rehabilitation in any Center duly designated or accredited

for the purpose.

A petition for the confinement of a person alleged to be

dependent on dangerous drugs to a Center may be filed

by any person authorized by the Board with the Regional

Trial Court of the province or city where such person is

found.

After the petition is filed, the court, by an order, shall

immediately fix a date for the hearing, and a copy of such

order

shall be served on the person alleged to be

dependent on dangerous drugs, and to the one having

charge of him.

If after such hearing and the facts so warrant, the court

shall order the drug dependent to be examined by two (2)

physicians accredited by the Board. If both physicians

conclude that the respondent is not a drug dependent,

the court shall order his/her discharge. If either physician

finds him to be a dependent, the court shall conduct a

hearing and consider all relevant evidence which may be

offered. If the court finds him a drug dependent, it shall

issue an order for his/her commitment to a treatment

and rehabilitation center under the supervision of the

DOH. In any event, the order of discharge or order of

confinement or commitment shall be issued not later

than fifteen (15) days from the filing of the appropriate

petition.

Section

62.

Compulsory

Submission

of

a

Drug

Dependent Charged with an Offense to Treatment and

Rehabilitation . – If a person charged with an offense

where the imposable penalty is imprisonment of less

than six (6) years and one (1) day, and is found by the

prosecutor

or

by

the

court,

at

any

stage

of

the

proceedings, to be a drug dependent, the prosecutor or

the court as the case may be, shall suspend all further

proceedings and transmit copies of the record of the case

to the Board.

In

the

event

he

Board

determines,

after

medical

examination, that public interest requires that such drug

dependent be committed to a center for treatment and

rehabilitation,

it

shall

file

a

petition

for

his/her

commitment with the regional trial court of the province

or

city

where he/she is being investigated or tried:

Provided , That where a criminal case is pending in court,

such petition shall be filed in the said court. The court

shall take judicial notice of the prior proceedings in the

case and shall proceed to hear the petition. If the court

finds him to be a drug dependent, it shall order his/her

commitment to a Center for treatment and rehabilitation.

The head of said Center shall submit to the court every

four (4) months, or as often as the court may require, a

written report on the progress of the treatment. If the

dependent is rehabilitated, as certified by the center and

the Board, he/she shall be returned to the court, which

committed him, for his/her discharge therefrom.

Thereafter, his/her prosecution for any offense punishable

by law shall be instituted or shall continue, as the case

may be. In case of conviction, the judgment shall, if the

accused is certified by the treatment and rehabilitation

center to have maintained good behavior, indicate that

he/she shall be given full credit for the period he/she was

confined in the Center: Provided, however , That when the

offense is for violation of Section 15 of this Act and the

accused is not a recidivist, the penalty thereof shall be

deemed to have been served in the Center upon his/her

release therefrom after certification by the Center and

the Board that he/she is rehabilitated.

Section 63. Prescription of the Offense Charged Against

a Drug Dependent Under the Compulsory Submission

Program . – The period of prescription of the offense

charged

against

a

drug

dependent

under

the

compulsory submission program shall not run during the

time that the drug dependent is under confinement in a

Center

or

otherwise

under

the

treatment

and

rehabilitation program approved by the Board.

Upon

certification

of

the

Center

that

he/she

may

temporarily be discharged from the said Center, the court

shall order his/her release on condition that he/she shall

report to the Board through the DOH for after-care and

© Compiled By RGL

127 of 201