Article 133Act No. 3815, Sec./Art. 133

Offending the religious feelings.-The penalty of arresto mayor in its maximum period to prision correccional in its minimum period shall be imposed upon anyone who, in a place devoted to religious worship or during the celebration of any religious ceremony shall perform acts notoriously offensive to the feelings of the faithful.

TITLE THREE

CRIMES AGAINST PUBLIC ORDER

CHAPTER ONE

REBELLION, SEDITION AND DISLOYALTY

REVISED PENAL CODE TEXT AND SPECIAL PENAL LAWS

The transfer, absorption and integration of the different

offices and units provided for in this Section shall take

effect within eighteen (18) months from the effectivity of

this Act: Provided , That personnel absorbed and on detail

service shall be given until five (5) years to finally decide

to join the PDEA.

Nothing in this Act shall mean a diminution of the

investigative powers of the NBI and the PNP on all other

crimes as provided for in their respective organic laws:

Provided, however , That when the investigation being

conducted by the NBI, PNP or any ad hoc anti-drug task

force is found to be a violation of any of the provisions of

this Act, the PDEA shall be the lead agency. The NBI, PNP

or any of the task force shall immediately transfer the

same to the PDEA: Provided, further , That the NBI, PNP

and

the

Bureau

of

Customs

shall

maintain

close

coordination with the PDEA on all drug related matters.

ARTICLE X Appropriations, Management of

Funds and Annual Report

Section 87. Appropriations . – The amount necessary for

the operation of the Board and the PDEA shall be

charged against the current year's appropriations of the

Board,

the

National

Drug

Law

Enforcement

and

Prevention Coordinating Center, the Narcotics Group of

the PNP, the Narcotics Division of the NBI and other drug

abuse units of the different law enforcement agencies

integrated into the PDEA in order to carry out the

provisions of this Act. Thereafter, such sums as may be

necessary for the continued implementation of this Act

shall be included in the annual General Appropriations

Act.

All receipts derived from fines, fees and other income

authorized and imposed in this Act, including ten percent

(10%) of all unclaimed and forfeited sweepstakes and lotto

prizes

but

not

less

than

twelve

million

pesos

(P12,000,000.00) per year from the Philippine Charity

Sweepstakes Office (PCSO), are hereby constituted as a

special

account

in

the

general

fund

for

the

implementation of this Act: Provided , That no amount

shall be disbursed to cover the operating expenses of the

Board and other concerned agencies: Provided, further ,

That at least fifty percent (50%) of all the funds shall be

reserved for assistance to government-owned and/or

operated rehabilitation centers.

The fines shall be remitted to the Board by the court

imposing such fines within thirty (30) days from the

finality of its decisions or orders. The unclaimed and

forfeited prizes shall be turned over to the Board by the

PCSO within thirty (30) days after these are collected and

declared forfeited.

A portion of the funds generated by the Philippine

Amusement and Gaming Corporation (PAGCOR) in the

amount of Five million pesos (P5,000,000.00) a month

shall

be

set

aside

for

the

purpose

of

establishing

adequate drug rehabilitation centers in the country and

also for the maintenance and operations of such centers:

Provided , That the said amount shall be taken from the

fifty percent (50%) share of the National Government in

the income of PAGCOR: Provided , further , That the said

amount shall automatically be remitted by PAGCOR to

the Board. The amount shall, in turn, be disbursed by the

Dangerous

Drugs

Board,

subject

to

the

rules

and

regulations of the Commission on Audit (COA).

The fund may be augmented by grants, donations, and

endowment from various sources, domestic or foreign,

for purposes related to their functions, subject to the

existing guidelines set by the government.

Section

88. Management of Funds Under this Act;

Annual Report by the Board and the PDEA. – The Board

shall manage the funds as it may deem proper for the

attainment of the objectives of this Act. In addition to the

periodic reports as may be required under this Act, the

Chairman of the Board shall submit to the President of

the Philippines and to the presiding officers of both

houses of Congress, within fifteen (15) days from the

opening of the regular session, an annual report on the

dangerous drugs situation in the country which shall

include detailed account of the programs and projects

undertaken, statistics on crimes related to dangerous

drugs, expenses incurred pursuant to the provisions of

this Act, recommended remedial legislation, if needed,

and such other relevant facts as it may deem proper to

cite.

Section 89. Auditing the Accounts and Expenses of the

Board and the PDEA . – All accounts and expenses of the

Board and the PDEA shall be audited by the COA or its

duly authorized representative.

ARTICLE XI Jurisdiction Over Dangerous Drugs

Cases

Section 90. Jurisdiction . – The Supreme Court shall

designate

special

courts

from

among

the

existing

Regional Trial Courts in each judicial region to exclusively

try and hear cases involving violations of this Act. The

number of courts designated in each judicial region shall

be based on the population and the number of cases

pending in their respective jurisdiction.

The DOJ shall designate special prosecutors to exclusively

handle cases involving violations of this Act.

The preliminary investigation of cases filed under this Act

shall be terminated within a period of thirty (30) days

from the date of their filing.

When the preliminary investigation is conducted by a

public prosecutor and a probable cause is established,

the corresponding information shall be filed in court

within twenty-four (24) hours from the termination of the

investigation.

If

the

preliminary

investigation

is

conducted by a judge and a probable cause is found to

exist, the corresponding information shall be filed by the

proper prosecutor within forty-eight (48) hours from the

date of receipt of the records of the case.

Trial of the case under this Section shall be finished by

the court not later than sixty (60) days from the date of

the filing of the information. Decision on said cases shall

be rendered within a period of fifteen (15) days from the

date of submission of the case for resolution.

Section

91.

Responsibility

and

Liability

of

Law

Enforcement Agencies and other Government Officials

and Employees in Testifying as Prosecution Witnesses in

Dangerous

Drugs

Cases .

–

Any

member

of

law

enforcement agencies or any other government official

and employee who, after due notice, fails or refuses

intentionally or negligently, to appear as a witness for the

prosecution in any proceedings, involving violations of

this Act, without any valid reason, shall be punished with

imprisonment of not less than twelve (12) years and one

(1) day to twenty (20) years and a fine of not less than Five

hundred thousand pesos (P500,000.00), in addition to the

administrative liability he/she may be meted out by

his/her immediate superior and/or appropriate body.

The immediate superior of the member of the law

enforcement agency or any other government employee

mentioned in the preceding paragraph shall be penalized

with imprisonment of not less than two (2) months and

one (1) day but not more than six (6) years and a fine of

not less than Ten thousand pesos (P10,000.00) but not

more than Fifty thousand pesos (P50,000.00) and in

addition, perpetual absolute disqualification from public

office if despite due notice to them and to the witness

concerned, the former does not exert reasonable effort to

present the latter to the court.

The member of the law enforcement agency or any other

government

employee

mentioned

in

the

preceding

paragraphs shall not be transferred or re-assigned to any

other government office located in another territorial

jurisdiction during the pendency of the case in court.

However, the concerned member of the law enforcement

agency or government employee may be transferred or

© Compiled By RGL

133 of 201