(Q5156962)
Statements
Comprehensive Dangerous Drugs Act of 2002 (English)
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An Act Instituting the Comprehensive Dangerous Drugs Act of 2002, Repealing Republic Act No. 6425, Otherwise Known as the Dangerous Drugs Act of 1972, as Amended, Providing Funds Therefor, and for Other Purposes (English)
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7 June 2002
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SECTION 1. Short Title.
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SEC. 2. Declaration of Policy.
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ARTICLE I Definition of Terms
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SEC. 3. Definitions.
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ARTICLE II Unlawful Acts and Penalties
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SEC. 4. Importation of Dangerous Drugs and/or Controlled Precursors and Essential Chemicals.
Importation of Dangerous Drugs and/or Controlled Precursors and Essential Chemicals. (English)
4.1
Sec. 4 (English)
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SEC. 5. Sale, Trading, Administration, Dispensation, Delivery, Distribution and Transportation of Dangerous Drugs and/or Controlled Precursors and Essential Chemicals.
4.2
Sale, Trading, Administration, Dispensation, Delivery, Distribution and Transportation of Dangerous Drugs and/or Controlled Precursors and Essential Chemicals. (English)
Sec. 5 (English)
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SEC. 6. Maintenance of a Den, Dive or Resort.
4.3
Maintenance of a Den, Dive or Resort. (English)
Sec. 6 (English)
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SEC. 7. Employees and Visitors of a Den, Dive or Resort.
4.4
Employees and Visitors of a Den, Dive or Resort. (English)
Sec. 7 (English)
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SEC. 8. Manufacture of Dangerous Drugs and/or Controlled Precursors and Essential Chemicals.
4.5
Manufacture of Dangerous Drugs and/or Controlled Precursors and Essential Chemicals. (English)
Sec. 8 (English)
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SEC. 9. Illegal Chemical Diversion of Controlled Precursors and Essential Chemicals.
4.6
Illegal Chemical Diversion of Controlled Precursors and Essential Chemicals. (English)
Sec. 9 (English)
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SEC. 10. Manufacture or Delivery of Equipment, Instrument, Apparatus, and Other Paraphernalia for Dangerous Drugs and/or Controlled Precursors and Essential Chemicals.
4.7
Manufacture or Delivery of Equipment, Instrument, Apparatus, and Other Paraphernalia for Dangerous Drugs and/or Controlled Precursors and Essential Chemicals. (English)
Sec. 10 (English)
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SEC. 11. Possession of Dangerous Drugs.
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SEC. 12. Possession of Equipment, Instrument, Apparatus and Other Paraphernalia for Dangerous Drugs.
4.9
Possession of Equipment, Instrument, Apparatus and Other Paraphernalia for Dangerous Drugs. (English)
Sec. 12 (English)
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SEC. 13. Possession of Dangerous Drugs During Parties, Social Gatherings or Meetings.
4.10
Possession of Dangerous Drugs During Parties, Social Gatherings or Meetings. (English)
Sec. 13 (English)
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SEC. 14. Possession of Equipment, Instrument, Apparatus and Other Paraphernalia for Dangerous Drugs During Parties, Social Gatherings or Meetings.
4.11
Possession of Equipment, Instrument, Apparatus and Other Paraphernalia for Dangerous Drugs During Parties, Social Gatherings or Meetings. (English)
Sec. 14 (English)
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SEC. 15. Use of Dangerous Drugs.
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SEC. 16. Cultivation or Culture of Plants Classified as Dangerous Drugs or are Sources Thereof.
4.13
Cultivation or Culture of Plants Classified as Dangerous Drugs or are Sources Thereof. (English)
Sec. 16 (English)
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SEC. 17. Maintenance and Keeping of Original Records of Transactions on Dangerous Drugs and/or Controlled Precursors and Essential Chemicals.
4.14
Maintenance and Keeping of Original Records of Transactions on Dangerous Drugs and/or Controlled Precursors and Essential Chemicals. (English)
Sec. 17 (English)
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SEC. 18. Unnecessary Prescription of Dangerous Drugs.
4.15
Unnecessary Prescription of Dangerous Drugs. (English)
Sec. 18 (English)
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SEC. 19. Unlawful Prescription of Dangerous Drugs.
4.16
Unlawful Prescription of Dangerous Drugs. (English)
Sec. 19 (English)
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SEC. 20. Confiscation and Forfeiture of the Proceeds or Instruments of the Unlawful Act, Including the Properties or Proceeds Derived from the Illegal Trafficking of Dangerous Drugs and/or Precursors and Essential Chemicals.
4.17
Confiscation and Forfeiture of the Proceeds or Instruments of the Unlawful Act, Including the Properties or Proceeds Derived from the Illegal Trafficking of Dangerous Drugs and/or Precursors and Essential Chemicals. (English)
Sec. 20 (English)
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SEC. 21. Custody and Disposition of Confiscated, Seized, and/or Surrendered Dangerous Drugs, Plant Sources of Dangerous Drugs, Controlled Precursors and Essential Chemicals, Instruments/Paraphernalia and/or Laboratory Equipment.
4.18
Custody and Disposition of Confiscated, Seized, and/or Surrendered Dangerous Drugs, Plant Sources of Dangerous Drugs, Controlled Precursors and Essential Chemicals, Instruments/Paraphernalia and/or Laboratory Equipment. (English)
Sec. 21 (English)
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SEC. 22. Grant of Compensation, Reward and Award.
4.19
Grant of Compensation, Reward and Award. (English)
Sec. 22 (English)
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SEC. 23. Plea-Bargaining Provision.
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SEC. 24. Non-Applicability of the Probation Law for Drug Traffickers and Pushers.
4.21
Non-Applicability of the Probation Law for Drug Traffickers and Pushers. (English)
Sec. 24 (English)
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SEC. 25. Qualifying Aggravating Circumstances in the Commission of a Crime by an Offender Under the Influence of Dangerous Drugs.
4.22
Qualifying Aggravating Circumstances in the Commission of a Crime by an Offender Under the Influence of Dangerous Drugs. (English)
Sec. 25 (English)
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SEC. 27. Criminal Liability of a Public Officer or Employee for Misappropriation, Misapplication or Failure to Account for the Confiscated, Seized and/or Surrendered Dangerous Drugs, Plant Sources of Dangerous Drugs, Controlled Precursors and Essential Chemicals, Instruments/Paraphernalia and/or Laboratory Equipment Including the Proceeds or Properties Obtained from the Unlawful Act Committed.
4.24
Criminal Liability of a Public Officer or Employee for Misappropriation, Misapplication or Failure to Account for the Confiscated, Seized and/or Surrendered Dangerous Drugs, Plant Sources of Dangerous Drugs, Controlled Precursors and Essential Chemicals, Instruments/Paraphernalia and/or Laboratory Equipment Including the Proceeds or Properties Obtained from the Unlawful Act Committed. (English)
Sec. 27 (English)
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SEC. 28. Criminal Liability of Government Officials and Employees.
4.25
Criminal Liability of Government Officials and Employees. (English)
Sec. 28 (English)
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SEC. 29. Criminal Liability for Planting of Evidence.
4.26
Criminal Liability for Planting of Evidence. (English)
Sec. 29 (English)
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SEC. 30. Criminal Liability of Officers of Partnerships, Corporations, Associations or Other Juridical Entities.
4.27
Criminal Liability of Officers of Partnerships, Corporations, Associations or Other Juridical Entities. (English)
Sec. 30 (English)
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SEC. 31. Additional Penalty if Offender is an Alien.
4.28
Additional Penalty if Offender is an Alien. (English)
Sec. 31 (English)
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SEC. 32. Liability to a Person Violating Any Regulation Issued by the Board.
4.29
Liability to a Person Violating Any Regulation Issued by the Board. (English)
Sec. 32 (English)
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SEC. 33. Immunity from Prosecution and Punishment.
4.30
Immunity from Prosecution and Punishment. (English)
Sec. 33 (English)
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SEC. 34. Termination of the Grant of Immunity.
4.31
Termination of the Grant of Immunity. (English)
Sec. 34 (English)
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SEC. 35. Accessory Penalties.
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ARTICLE III Dangerous Drugs Test and Record Requirements
Dangerous Drugs Test and Record Requirements (English)
Art. III (English)
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SEC. 36. Authorized Drug Testing.
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SEC. 37. Issuance of False or Fraudulent Drug Test Results.
5.2
Issuance of False or Fraudulent Drug Test Results. (English)
Sec. 37 (English)
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SEC. 38. Laboratory Examination or Test on Apprehended/Arrested Offenders.
5.3
Laboratory Examination or Test on Apprehended/Arrested Offenders. (English)
Sec. 38 (English)
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SEC. 39. Accreditation of Drug Testing Centers and Physicians.
5.4
Accreditation of Drug Testing Centers and Physicians. (English)
Sec. 39 (English)
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SEC. 40. Records Required for Transactions on Dangerous Drugs and Precursors and Essential Chemicals.
5.5
Records Required for Transactions on Dangerous Drugs and Precursors and Essential Chemicals. (English)
Sec. 40 (English)
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ARTICLE IV Participation of the Family, Students, Teachers and School Authorities in the Enforcement of this Act
Participation of the Family, Students, Teachers and School Authorities in the Enforcement of this Act (English)
Art. IV (English)
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SEC. 41. Involvement of the Family.
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SEC. 42. Student Councils and Campus Organizations.
6.2
Student Councils and Campus Organizations. (English)
Sec. 42 (English)
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SEC. 43. School Curricula.
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SEC. 44. Heads, Supervisors, and Teachers of Schools.
6.4
Heads, Supervisors, and Teachers of Schools. (English)
Sec. 44 (English)
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SEC. 45. Publication and Distribution of Materials on Dangerous Drugs.
6.5
Publication and Distribution of Materials on Dangerous Drugs. (English)
Sec. 45 (English)
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SEC. 46. Special Drug Education Center.
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ARTICLE V Promotion of a National Drug-Free Workplace Program with the Participation of Private and Labor Sectors and the Department of Labor and Employment
Promotion of a National Drug-Free Workplace Program with the Participation of Private and Labor Sectors and the Department of Labor and Employment (English)
Art. V (English)
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SEC. 47. Drug-Free Workplace.
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SEC. 48. Guidelines for the National Drug-Free Workplace Program.
7.2
Guidelines for the National Drug-Free Workplace Program. (English)
Sec. 48 (English)
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ARTICLE VI Participation of the Private and Labor Sectors in the Enforcement of this Act
Participation of the Private and Labor Sectors in the Enforcement of this Act (English)
Art. VI (English)
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SEC. 49. Labor Organizations and the Private Sector.
8.1
Labor Organizations and the Private Sector. (English)
Sec. 49 (English)
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SEC. 50. Government Assistance.
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ARTICLE VII Participation of Local Government Units
Participation of Local Government Units (English)
Art. VII (English)
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SEC. 51. Local Government Units' Assistance.
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SEC. 52. Abatement of Drug Related Public Nuisances.
9.2
Abatement of Drug Related Public Nuisances. (English)
Sec. 52 (English)
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SEC. 53. Effect of Board Declaration.
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ARTICLE VIII Program for Treatment and Rehabilitation of Drug Dependents
Program for Treatment and Rehabilitation of Drug Dependents (English)
Art. VIII (English)
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SEC. 54. Voluntary Submission of a Drug Dependent to Confinement, Treatment and Rehabilitation.
10.1
Voluntary Submission of a Drug Dependent to Confinement, Treatment and Rehabilitation. (English)
Sec. 54 (English)
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SEC. 55. Exemption from the Criminal Liability Under the Voluntary Submission Program.
10.2
Exemption from the Criminal Liability Under the Voluntary Submission Program. (English)
Sec. 55 (English)
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SEC. 56. Temporary Release From the Center; After-Care and Follow-Up Treatment Under the Voluntary Submission Program.
10.3
Temporary Release From the Center; After-Care and Follow-Up Treatment Under the Voluntary Submission Program. (English)
Sec. 56 (English)
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SEC. 57. Probation and Community Service Under the Voluntary Submission Program.
10.4
Probation and Community Service Under the Voluntary Submission Program. (English)
Sec. 57 (English)
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SEC. 58. Filing of Charges Against a Drug Dependent Who is Not Rehabilitated Under the Voluntary Submission Program.
10.5
Filing of Charges Against a Drug Dependent Who is Not Rehabilitated Under the Voluntary Submission Program. (English)
Sec. 58 (English)
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SEC. 59. Escape and Recommitment for Confinement and Rehabilitation Under the Voluntary Submission Program.
10.6
Escape and Recommitment for Confinement and Rehabilitation Under the Voluntary Submission Program. (English)
Sec. 59 (English)
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SEC. 60. Confidentiality of Records Under the Voluntary Submission Program.
10.7
Confidentiality of Records Under the Voluntary Submission Program. (English)
Sec. 60 (English)
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SEC. 61. Compulsory Confinement of a Drug Dependent Who Refuses to Apply Under the Voluntary Submission Program.
10.8
Compulsory Confinement of a Drug Dependent Who Refuses to Apply Under the Voluntary Submission Program. (English)
Sec. 61 (English)
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SEC. 62. Compulsory Submission of a Drug Dependent Charged with an Offense to Treatment and Rehabilitation.
10.9
Compulsory Submission of a Drug Dependent Charged with an Offense to Treatment and Rehabilitation. (English)
Sec. 62 (English)
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SEC. 63. Prescription of the Offense Charged Against a Drug Dependent Under the Compulsory Submission Program.
10.10
Prescription of the Offense Charged Against a Drug Dependent Under the Compulsory Submission Program. (English)
Sec. 63 (English)
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SEC. 64. Confidentiality of Records Under the Compulsory Submission Program.
10.11
Confidentiality of Records Under the Compulsory Submission Program. (English)
Sec. 64 (English)
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SEC. 65. Duty of the Prosecutor in the Proceedings.
10.12
Duty of the Prosecutor in the Proceedings. (English)
Sec. 65 (English)
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SEC. 66. Suspension of Sentence of a First-Time Minor Offender.
10.13
Suspension of Sentence of a First-Time Minor Offender. (English)
Sec. 66 (English)
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SEC. 67. Discharge After Compliance with Conditions of Suspended Sentence of a First-Time Minor Offender.
10.14
Discharge After Compliance with Conditions of Suspended Sentence of a First-Time Minor Offender. (English)
Sec. 67 (English)
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SEC. 68. Privilege of Suspended Sentence to be Availed of Only Once by a First-Time Minor Offender.
10.15
Privilege of Suspended Sentence to be Availed of Only Once by a First-Time Minor Offender. (English)
Sec. 68 (English)
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SEC. 69. Promulgation of Sentence for First-Time Minor Offender.
10.16
Promulgation of Sentence for First-Time Minor Offender. (English)
Sec. 69 (English)
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SEC. 70. Probation or Community Service for a First-Time Minor Offender in Lieu of Imprisonment.
10.17
Probation or Community Service for a First-Time Minor Offender in Lieu of Imprisonment. (English)
Sec. 70 (English)
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SEC. 71. Records to be kept by the Department of Justice.
10.18
Records to be kept by the Department of Justice. (English)
Sec. 71 (English)
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SEC. 72. Liability of a Person Who Violates the Confidentiality of Records.
10.19
Liability of a Person Who Violates the Confidentiality of Records. (English)
Sec. 72 (English)
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SEC. 73. Liability of a Parent, Spouse or Guardian Who Refuses to Cooperate with the Board or any Concerned Agency.
10.20
Liability of a Parent, Spouse or Guardian Who Refuses to Cooperate with the Board or any Concerned Agency. (English)
Sec. 73 (English)
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SEC. 74. Cost-Sharing in the Treatment and Rehabilitation of a Drug Dependent.
10.21
Cost-Sharing in the Treatment and Rehabilitation of a Drug Dependent. (English)
Sec. 74 (English)
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SEC. 75. Treatment and Rehabilitation Centers.
10.22
Treatment and Rehabilitation Centers. (English)
Sec. 75 (English)
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SEC. 76. The Duties and Responsibilities of the Department of Health (DOH) Under this Act.
10.23
The Duties and Responsibilities of the Department of Health (DOH) Under this Act. (English)
Sec. 76 (English)
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ARTICLE IX Dangerous Drugs Board and Philippine Drug Enforcement Agency
Dangerous Drugs Board and Philippine Drug Enforcement Agency (English)
Art. IX (English)
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SEC. 77. The Dangerous Drugs Board.
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SEC. 78. Composition of the Board.
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SEC. 79. Meetings of the Board.
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SEC. 80. Secretariat of the Board.
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SEC. 81. Powers and Duties of the Board.
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SEC. 82. Creation of the Philippine Drug Enforcement Agency (PDEA).
11.6
Creation of the Philippine Drug Enforcement Agency (PDEA). (English)
Sec. 82 (English)
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SEC. 83. Organization of the PDEA.
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SEC. 84. Powers and Duties of the PDEA.
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SEC. 85. The PDEA Academy.
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SEC. 86. Transfer, Absorption, and Integration of All Operating Units on Illegal Drugs into the PDEA and Transitory Provisions.
11.10
Transfer, Absorption, and Integration of All Operating Units on Illegal Drugs into the PDEA and Transitory Provisions. (English)
Sec. 86 (English)
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ARTICLE X Appropriations, Management of Funds and Annual Report
Appropriations, Management of Funds and Annual Report (English)
Art. X (English)
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SEC. 87. Appropriations.
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SEC. 88. Management of Funds Under this Act; Annual Report by the Board and the PDEA.
12.2
Management of Funds Under this Act; Annual Report by the Board and the PDEA. (English)
Sec. 88 (English)
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SEC. 89. Auditing the Accounts and Expenses of the Board and the PDEA.
12.3
Auditing the Accounts and Expenses of the Board and the PDEA. (English)
Sec. 89 (English)
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ARTICLE XI Jurisdiction Over Dangerous Drugs Cases
Jurisdiction Over Dangerous Drugs Cases (English)
Art. XI (English)
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SEC. 90. Jurisdiction.
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SEC. 91. Responsibility and Liability of Law Enforcement Agencies and other Government Officials and Employees in Testing as Prosecution Witnesses in Dangerous Drugs Cases.
13.2
Responsibility and Liability of Law Enforcement Agencies and other Government Officials and Employees in Testing as Prosecution Witnesses in Dangerous Drugs Cases. (English)
Sec. 91 (English)
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SEC. 92. Delay and Bungling in the Prosecution of Drug Cases.
13.3
Delay and Bungling in the Prosecution of Drug Cases. (English)
Sec. 92 (English)
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SEC. 93. Reclassification, Addition or Removal of Any Drug from the List of Dangerous Drugs.
13.4
Reclassification, Addition or Removal of Any Drug from the List of Dangerous Drugs. (English)
Sec. 93 (English)
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ARTICLE XII Implementing Rules and Regulations
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SEC. 94. Implementing Rules and Regulations.
14.1
Implementing Rules and Regulations. (English)
Sec. 94 (English)
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ARTICLE XIII Final Provisions
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SEC. 95. Congressional Oversight Committee.
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SEC. 96. Powers and Functions of the Oversight Committee.
15.2
Powers and Functions of the Oversight Committee. (English)
Sec. 96 (English)
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SEC. 97. Adoption of Committee Rules and Regulations, and Funding.
15.3
Adoption of Committee Rules and Regulations, and Funding. (English)
Sec. 97 (English)
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SEC. 98. Limited Applicability of the Revised Penal Code.
15.4
Limited Applicability of the Revised Penal Code. (English)
Sec. 98 (English)
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SEC. 99. Separability Clause.
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SEC. 100. Repealing Clause.
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SEC. 101. Amending Clause.
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SEC. 102. Effectivity.
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Senate Bill No. 1858
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House Bill No. 4433
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Identifiers
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- enwikisource Republic Act No. 9165