Amendment No. 2 to the Implementing Rules and Regulations of R.A. No. 9165

December 6, 2006

AMENDMENT NO. 2 TO THE IMPLEMENTING RULES AND REGULATIONS (IRR) OF REPUBLIC ACT NO. 9165 (RA 9165)

WHEREAS, Section 46, Art. IV of RA 9165, otherwise known as the Comprehensive Dangerous Drugs Act of 2002, provides that "with the assistance of the Dangerous Drugs Board, the Department of the Interior and Local Government (DILG), the National Youth Commission (NYC), and the Department of Social Welfare and Development (DSWD) shall establish in each of its provincial office a Special Drug Education Center (SDEC) for out-of-school youth and street children";

WHEREAS, under Section 46(b) of the Implementing Rules and Regulations (IRR) of RA 9165, this Special Drug Education Center shall, among others, develop and implement drug abuse prevention programs, conduct life skills, leadership and similar trainings, advocate local legislations, policies and programs, maintain data bank on out-of-school youth, street children and youthful drug dependents, and establish linkages with various concerned organizations;

WHEREAS, in the implementation of these programs, participating agencies have been tasked with their respective roles and responsibilities such that under Section 46(c.4) of the IRR of RA 9165, the DSWD has been mandated to:

"c.4.1) Provide technical assistance in the development of a drug abuse prevention program; caCSDT

"c.4.2) Undertake training/capability building activities for center staff;

"c.4.3) Develop standards for the SDEC; and

"c.4.4) Accredit SDEC and monitor its compliance with set standards";

WHEREAS, there is need to clarify the aforesaid paragraph c.4.3 because as presently worded, it appears that the development of standards is left solely to the DSWD when in fact the development of these standards should be done in consultation and coordination with the DILG and NYC and approved by the Board;

WHEREAS, the aforecited paragraph c.4.4 has been found to be superfluous;

WHEREAS, for the purpose of establishing the SDEC and the implementation of its programs, it is the consensus of the Board that the DILG should be the Office of Primary Responsibility (OPR), considering that the said agency has physical presence down to the lowest unit of government;

WHEREFORE, be it RESOLVED, as it is hereby RESOLVED, to:

1. Include among the duties and responsibilities of the DILG under Section 46(c.2) of the IRR the following: "Act as the Office of Primary Responsibility (OPR) on SDEC matters";

2. Amend paragraph c.4.3 of Section 46 of the IRR by adding the word "IN CONSULTATION AND COORDINATION WITH THE DILG AND NYC AND SUBJECT TO APPROVAL BY THE BOARD" so as to read:

"c.4.3 Develop standards for the SDEC IN CONSULTATION AND COORDINATION WITH THE DILG AND NYC AND SUBJECT TO APPROVAL BY THE BOARD;" and

3. Delete paragraph c.4.4 of Section 46 of the IRR. SIaHTD

This issuance shall take effect fifteen (15) days after its publication in two (2) newspapers of general circulation and after its registration with the Office of the National Administrative Register (ONAR), U.P. Law Center, Quezon City.

Date Filed: 14 February 2007

Adopted: 06 Dec. 2006

(SGD.) Secretary ANSELMO S. AVENIDO, JR.Chairman, Dangerous Drugs Board

Attested by:

(SGD.) Undersecretary EDGAR C. GALVANTESecretary of the Board