Article 134Act No. 3815, Sec./Art. 134

Rebellion or insurrection-How committed.-The crime of rebellion or insurrection is committed by rising publicly and taking arms against the Government for the purpose of removing from the allegiance to said Government or its laws, the territory of the Philippine Islands or any part thereof of any body of land, naval or other armed forces, or of depriving the Chief Executive or the Legislature, wholly or partially, of any of their powers or prerogatives.

REVISED PENAL CODE TEXT AND SPECIAL PENAL LAWS

re-assigned for compelling reasons: Provided , That his/her

immediate superior shall notify the court where the case

is pending of the order to transfer or re-assign, within

twenty-four

(24)

hours

from

its

approval;

Provided,

further,

That

his/her

immediate

superior

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, should he/she fail to

notify the court of such order to transfer or re-assign.

Prosecution and punishment under this Section shall be

without prejudice to any liability for violation of any

existing law.

Section 92. Delay and Bungling in the Prosecution of

Drug Cases . – Any government officer or employee

tasked with the prosecution of drug-related cases under

this act, who, through patent laxity, inexcusable neglect,

unreasonable

delay

or

deliberately

causes

the

unsuccessful prosecution and/or dismissal of the said

drug cases, shall suffer the penalty of imprisonment

ranging from twelve (12) years and one (1) day to twenty

(20) years without prejudice to his/her prosecution under

the pertinent provisions of the Revised Penal Code.

Section 93. Reclassification, Addition or Removal of Any

Drug from the List of Dangerous Drugs . – The Board shall

have the power to reclassify, add to or remove from the

list of dangerous drugs. Proceedings to reclassify, add, or

remove a drug or other substance may be initiated by the

PDEA, the DOH, or by petition from any interested party,

including the manufacturer of a drug, a medical society

or association, a pharmacy association, a public interest

group concerned with drug abuse, a national or local

government agency, or an individual citizen. When a

petition is received by the Board, it shall immediately

begin its own investigation of the drug. The PDEA also

may begin an investigation of a drug at any time based

upon the information received from law enforcement

laboratories, national and local law enforcement and

regulatory agencies, or other sources of information.

The Board after notice and hearing shall consider the

following

factors

with

respect

to

each

substance

proposed to be reclassified, added or removed from

control:

(a) Its actual or relative potential for abuse;

(b) Scientific evidence of its pharmacological effect if

known;

(c) The state of current scientific knowledge regarding

the drug or other substance;

(d) Its history and current pattern of abuse;

(e) The scope, duration, and significance of abuse;

(f) Risk to public health; and

(g) Whether the substance is an immediate precursor of a

substance already controlled under this Act.

The Board shall also take into accord the obligations and

commitments to international treaties, conventions and

agreements to which the Philippines is a signatory.

The Dangerous Drugs Board shall give notice to the

general

public

of

the

public

hearing

of

the

reclassification, addition to or removal from the list of any

drug by publishing such notice in any newspaper of

general circulation once a week for two (2) weeks.

The effect of such reclassification, addition or removal

shall be as follows:

(a) In case a dangerous drug is reclassified as precursors

and essential chemicals, the penalties for the violations of

this Act involving the two latter categories of drugs shall,

in case of conviction, be imposed in all pending criminal

prosecutions;

(b)

In

case

a precursors and essential chemicals is

reclassified as dangerous drug, the penalties for violations

of the Act involving precursors and essential chemicals

shall, in case of conviction, be imposed in all pending

criminal prosecutions;

(c) In case of the addition of a new drug to the list of

dangerous drugs and precursors and essential chemicals,

no criminal liability involving the same under this Act

shall arise until after the lapse of fifteen (15) days from the

last publication of such notice;

(d) In case of removal of a drug from the list of dangerous

drugs and precursors and essential chemicals, all persons

convicted and/or detained for the use and/or possession

of such a drug shall be automatically released and all

pending

criminal prosecution involving such a drug

under this Act shall forthwith be dismissed; and

(e) The Board shall, within five (5) days from the date of its

promulgation

submit

to

Congress

a

detailed

reclassification, addition, or removal of any drug from the

list of dangerous drugs.

ARTICLE XII Implementing Rules and

Regulations

Section 94. Implementing Rules and Regulations . – The

present Board in consultation with the DOH, DILG, DOJ,

DepEd, DSWD, DOLE, PNP, NBI, PAGCOR and the PCSO

and

all

other concerned government agencies shall

promulgate within sixty (60) days the Implementing

Rules

and

Regulations

that

shall

be

necessary

to

implement the provisions of this Act.

ARTICLE XIII Final Provisions

Section 95. Congressional Oversight Committee . – There

is hereby created a Congressional Oversight Committee

composed of seven (7) Members from the Senate and

seven (7) Members from the House of Representatives.

The Members from the Senate shall be appointed by the

Senate

President

based

on

the

proportional

representation of the parties or coalitions therein with at

least two (2) Senators representing the Minority. The

Members from the House of Representatives shall be

appointed by the Speaker, also based on proportional

representation of the parties or coalitions therein with at

least two (2) Members representing the Minority.

The

Committee

shall

be

headed

by

the

respective

Chairpersons of the Senate Committee on Public Order

and Illegal Drugs and the House of Representatives

Committee on Dangerous Drugs.

Section 96. Powers and Functions of the Oversight

Committee. – The Oversight Committee on Dangerous

Drugs shall, in aid of legislation, perform the following

functions, among others:

(a) To set the guidelines and overall framework to monitor

and ensure the proper implementation of this Act;

(b) To ensure transparency and require the submission of

reports from government agencies concerned on the

conduct of programs, projects and policies relating to the

implementation of this act;

(c) To approve the budget for the programs of the

Oversight

Committee

on

Dangerous

Drugs

and

all

disbursements therefrom, including compensation of all

personnel;

(d) To submit periodic reports to the President of the

Philippines and Congress on the implementation of the

provisions of this Act;

(e) To determine inherent weaknesses in the law and

recommend

the

necessary

remedial

legislation

or

executive measures; and

(f)

To

perform

such

other

duties,

functions

and

responsibilities as may be necessary to effectively attain

the objectives of this Act.

© Compiled By RGL

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