Article 128Act No. 3815, Sec./Art. 128

Violation of domicile.-The penalty of prision correccional in its minimum period shall be imposed upon any public officer or employee who, not being authorized by judicial order, shall enter any dwelling against the will of the owner thereof, search papers or other effects found therein without the previous consent of such owner, or, having surreptitiously entered said dwelling, and being required to leave the premises, shall refuse to do so.

If the offense be committed in the night-time, or if any papers or effects not constituting evidence of a crime be not returned immediately after the search made by the offender, the penalty shall be prision correctional in its medium and maximum periods.

REVISED PENAL CODE TEXT AND SPECIAL PENAL LAWS

follow-up treatment for a period not exceeding eighteen

(18) months under such terms and conditions as may be

imposed by the Board.

If at anytime during the after-care and follow-up period,

the Board certifies to his/her complete rehabilitation, the

court

shall

order

his/her

final

discharge

from

confinement and order for the immediate resumption of

the trial of the case for which he/she is originally charged.

Should the Board through the DOH find at anytime

during the after-care and follow-up period that he/she

requires further treatment and rehabilitation, it shall

report

to

the

court,

which

shall

order

his/her

recommitment to the Center.

Should the drug dependent, having been committed to a

Center upon petition by the Board escape therefrom,

he/she may resubmit himself/herself for confinement

within one (1) week from the date of his/her escape; or

his/her parent, spouse, guardian or relative within the

fourth degree of consanguinity or affinity may, within the

same

period,

surrender

him

for

recommitment.

If,

however,

the

drug

dependent

does

not

resubmit

himself/herself

for

confinement

or

he/she

is

not

surrendered for recommitment, the Board may apply

with the court for the issuance of the recommitment

order. Upon proof of previous commitment, the court

shall issue an order for recommitment. If, subsequent to

such recommitment, he/she should escape again, he/she

shall no longer be exempt from criminal liability for use of

any dangerous drug.

A

drug

dependent

committed under this particular

Section who is finally discharged from confinement shall

be exempt from criminal liability under Section 15 of this

Act, without prejudice to the outcome of any pending

case filed in court. On the other hand, a drug dependent

who is not rehabilitated after a second commitment to

the Center shall, upon conviction by the appropriate

court, suffer the same penalties provided for under

Section 15 of this Act again without prejudice to the

outcome of any pending case filed in court.

Section

64.

Confidentiality

of

Records

Under

the

Compulsory Submission Program . – The records of a drug

dependent who was rehabilitated and discharged from

the Center under the compulsory submission program, or

who was charged for violation of Section 15 of this Act,

shall be covered by Section 60 of this Act. However, the

records of a drug dependent who was not rehabilitated,

or who escaped but did not surrender himself/herself

within the prescribed period, shall be forwarded to the

court and their use shall be determined by the court,

taking into consideration public interest and the welfare

of the drug dependent.

Section 65. Duty of the Prosecutor in the Proceedings. – It

shall be the duty of the provincial or the city prosecutor or

their

assistants

or

state

prosecutors to prepare the

appropriate petition in all proceedings arising from this

Act.

Section 66. Suspension of Sentence of a First-Time Minor

Offender . – An accused who is over fifteen (15) years of

age

at the time of the commission of the offense

mentioned in Section 11 of this Act, but not more than

eighteen (18) years of age at the time when judgment

should have been promulgated after having been found

guilty of said offense, may be given the benefits of a

suspended sentence, subject to the following conditions:

(a) He/she has not been previously convicted of violating

any provision of this Act, or of the Dangerous Drugs Act of

1972, as amended; or of the Revised Penal Code; or of any

special penal laws;

(b) He/she has not been previously committed to a Center

or to the care of a DOH-accredited physician; and

(c)

The

Board

favorably

recommends

that

his/her

sentence be suspended.

While under suspended sentence, he/she shall be under

the supervision and rehabilitative surveillance of the

Board, under such conditions that the court may impose

for a period ranging from six (6) months to eighteen (18)

months.

Upon recommendation of the Board, the court may

commit the accused under suspended sentence to a

Center, or to the care of a DOH-accredited physician for at

least

six

(6)

months,

with

after-care

and

follow-up

program for not more than eighteen (18) months.

In the case of minors under fifteen (15) years of age at the

time of the commission of any offense penalized under

this

Act,

Article 192 of Presidential Decree No. 603,

otherwise known as the Child and Youth Welfare Code, as

amended by Presidential Decree No. 1179 shall apply,

without prejudice to the application of the provisions of

this Section.

Section 67. Discharge After Compliance with Conditions

of Suspended Sentence of a First-Time Minor Offender . –

If the accused first time minor offender under suspended

sentence

complies

with

the

applicable

rules

and

regulations of the Board, including confinement in a

Center, the court, upon a favorable recommendation of

the Board for the final discharge of the accused, shall

discharge the accused and dismiss all proceedings.

Upon

the

dismissal

of the proceedings against the

accused, the court shall enter an order to expunge all

official records, other than the confidential record to be

retained by the DOJ relating to the case. Such an order,

which shall be kept confidential, shall restore the accused

to his/her status prior to the case. He/she shall not be held

thereafter to be guilty of perjury or of concealment or

misrepresentation

by

reason

of

his/her

failure

to

acknowledge the case or recite any fact related thereto in

response to any inquiry made of him for any purpose.

Section

68. Privilege of Suspended Sentence to be

Availed of Only Once by a First-Time Minor Offender . –

The privilege of suspended sentence shall be availed of

only once by an accused drug dependent who is a

first-time offender over fifteen (15) years of age at the

time of the commission of the violation of Section 15 of

this Act but not more than eighteen (18) years of age at

the time when judgment should have been promulgated.

Section 69. Promulgation of Sentence for First-Time

Minor Offender . – If the accused first-time minor offender

violates

any

of the conditions of his/her suspended

sentence, the applicable rules and regulations of the

Board

exercising

supervision

and

rehabilitative

surveillance over him, including the rules and regulations

of the Center should confinement be required, the court

shall pronounce judgment of conviction and he/she shall

serve sentence as any other convicted person.

Section

70.

Probation

or

Community

Service for a

First-Time Minor Offender in Lieu of Imprisonment . –

Upon promulgation of the sentence, the court may, in its

discretion, place the accused under probation, even if the

sentence provided under this Act is higher than that

provided under existing law on probation, or impose

community service in lieu of imprisonment. In case of

probation, the supervision and rehabilitative surveillance

shall be undertaken by the Board through the DOH in

coordination with the Board of Pardons and Parole and

the Probation Administration. Upon compliance with the

conditions of the probation, the Board shall submit a

written report to the court recommending termination of

probation

and

a final discharge of the probationer,

whereupon the court shall issue such an order.

The community service shall be complied with under

conditions, time and place as may be determined by the

court in its discretion and upon the recommendation of

the Board and shall apply only to violators of Section 15 of

this Act. The completion of the community service shall

be under the supervision and rehabilitative surveillance of

the Board during the period required by the court.

Thereafter, the Board shall render a report on the manner

of compliance of said community service. The court in its

© Compiled By RGL

128 of 201