Article 129Act No. 3815, Sec./Art. 129

Search warrants maliciously obtained and abuse in the service of those legally obtained.-In addition to the liability attaching to the offender for the commission of any other offense, the penalty of arresto mayor in its maximum period to prision correccional in its minimum period and a fine not exceeding 1,000 pesos shall be imposed upon any public officer or employee who shall procure a search warrant without just cause, or, having legally procured the same, shall exceed his authority or use unnecessary severity in executing the same.

REVISED PENAL CODE TEXT AND SPECIAL PENAL LAWS

discretion

may

require

extension of the community

service or order a final discharge.

In both cases, the judicial records shall be covered by the

provisions of Sections 60 and 64 of this Act.

If

the

sentence

promulgated

by

the court requires

imprisonment, the period spent in the Center by the

accused during the suspended sentence period shall be

deducted from the sentence to be served.

Section 71. Records to be kept by the Department of

Justice . – The DOJ shall keep a confidential record of the

proceedings on suspension of sentence and shall not be

used for any purpose other than to determine whether or

not a person accused under this Act is a first-time minor

offender.

Section

72.

Liability of a Person Who Violates the

Confidentiality of Records . – The penalty of imprisonment

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

and a fine ranging from One thousand pesos (P1,000.00)

to Six thousand pesos (P6,000.00), shall be imposed upon

any person who, having official custody of or access to the

confidential

records

of

any

drug

dependent

under

voluntary submission programs, or anyone who, having

gained possession of said records, whether lawfully or not,

reveals their content to any person other than those

charged with the prosecution of the offenses under this

Act and its implementation. The maximum penalty shall

be

imposed,

in

addition

to

absolute

perpetual

disqualification from any public office, when the offender

is a government official or employee. Should the records

be used for unlawful purposes, such as blackmail of the

drug dependent or the members of his/her family, the

penalty

imposed

for

the

crime

of

violation

of

confidentiality shall be in addition to whatever crime

he/she may be convicted of.

Section 73. Liability of a Parent, Spouse or Guardian

Who

Refuses

to

Cooperate with the Board or any

Concerned Agency. – Any parent, spouse or guardian

who, without valid reason, refuses to cooperate with the

Board or any concerned agency in the treatment and

rehabilitation of a drug dependent who is a minor, or in

any manner, prevents or delays the after-care, follow-up

or other programs for the welfare of the accused drug

dependent,

whether

under

voluntary

submission

program or compulsory submission program, may be

cited for contempt by the court.

Section

74.

Cost-Sharing

in

the

Treatment

and

Rehabilitation

of

a

Drug Dependent. – The parent,

spouse, guardian or any relative within the fourth degree

of consanguinity of any person who is confined under the

voluntary submission program or compulsory submission

program shall be charged a certain percentage of the

cost

of

his/her

treatment

and

rehabilitation,

the

guidelines of which shall be formulated by the DSWD

taking into consideration the economic status of the

family of the person confined. The guidelines therein

formulated shall be implemented by a social worker of

the local government unit.

Section 75. Treatment and Rehabilitation Centers . – The

existing treatment and rehabilitation centers for drug

dependents operated and maintained by the NBI and the

PNP shall be operated, maintained and managed by the

DOH in coordination with other concerned agencies. For

the purpose of enlarging the network of centers, the

Board through the DOH shall encourage, promote or

whenever feasible, assist or support in the establishment,

operations and maintenance of private centers which

shall be eligible to receive grants, donations or subsidy

from either government or private sources. It shall also

support

the

establishment

of

government-operated

regional treatment and rehabilitation centers depending

upon the availability of funds. The national government,

through

its

appropriate

agencies

shall

give

priority

funding

for

the

increase

of

subsidy

to

existing

government

drug

rehabilitation

centers,

and

shall

establish at least one (1) drug rehabilitation center in each

province, depending on the availability of funds.

Section

76.

The

Duties

and

Responsibilities

of the

Department of health (DOH) Under this Act. – The DOH

shall:

(1) Oversee the monitor the integration, coordination and

supervision

of

all

drug

rehabilitation,

intervention,

after-care and follow-up programs, projects and activities

as well as the establishment, operations, maintenance

and management of privately-owned drug treatment

rehabilitation centers and drug testing networks and

laboratories throughout the country in coordination with

the DSWD and other agencies;

(2) License, accredit, establish and maintain drug test

network and laboratory, initiate, conduct and support

scientific research on drugs and drug control;

(3)

Encourage,

assist

and

accredit

private

centers,

promulgate

rules

and

regulations

setting

minimum

standards

for

their

accreditation

to

assure

their

competence, integrity and stability;

(4)

Prescribe

and

promulgate

rules

and regulations

governing the establishment of such Centers as it may

deem

necessary

after

conducting a feasibility study

thereof;

(5) The DOH shall, without prejudice to the criminal

prosecution of those found guilty of violating this Act,

order

the

closure

of

a

Center

for

treatment

and

rehabilitation

of

drug

dependency

when,

after

investigation it is found guilty of violating the provisions

of this Act or regulations issued by the Board; and

(6)

Charge

reasonable

fees

for

drug

dependency

examinations, other medical and legal services provided

to the public, which shall accrue to the Board. All income

derived from these sources shall be part of the funds

constituted as special funds for the implementation of

this Act under Section 87.

ARTICLE IX Dangerous Drugs Board and

Philippine Drug Enforcement Agency

Section 77. The Dangerous Drugs Board . – The Board

shall be the policy-making and strategy-formulating body

in the planning and formulation of policies and programs

on drug prevention and control. It shall develop and

adopt a comprehensive, integrated, unified and balanced

national drug abuse prevention and control strategy. It

shall be under the Office of the President.

Section 78. Composition of the Board . – The Board shall

be composed of seventeen (17) members wherein three

(3) of which are permanent members, the other twelve

(12) members shall be in an ex officio capacity and the

two (2) shall be regular members.

The three (3) permanent members, who shall possess at

least seven-year training and experience in the field of

dangerous drugs and in any of the following fields: in law,

medicine, criminology, psychology or social work, shall be

appointed

by

the

President

of

the Philippines. The

President shall designate a Chairman, who shall have the

rank of a secretary from among the three (3) permanent

members who shall serve for six (6) years. Of the two (2)

other

members,

who

shall

both

have

the

rank

of

undersecretary, one (1) shall serve for four (4) years and

the

other

for two (2) years. Thereafter, the persons

appointed to succeed such members shall hold office for

a term of six (6) years and until their successors shall have

been duly appointed and qualified.

The other twelve (12) members who shall be ex officio

members of the Board are the following:

(1) Secretary of the Department of Justice or his/her

representative;

(2) Secretary of the Department of Health or his/her

representative;

© Compiled By RGL

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