Guidelines on Voluntarily Surrender of and Introduction of Interventions for Drug Users and Dependents and Monitoring Mechanism of Barangay Anti-Drug Abuse Campaigns

January 19, 2017

DILG-DOH-DDB-DSWD-DBM-PDEA-OP JOINT MEMORANDUM CIRCULAR NO. 2016-0001

 

References:Sections 51, 54, 56, 58, and 61 of RA No. 9165, Section 56 of the IRR of RA No. 9165, Dangerous Drugs Board Regulation No. 1, Series of 2006, Dangerous Drugs Board Regulation No. 3, Series of 2007, Dangerous Drugs Board Regulation No. 3, Series of 2016, Dangerous Drugs Board Regulation No. 4, Series of 2016, DILG Memorandum Circular No. 2012-094, DILG Memorandum Circular No. 2015-063

WHEREAS, the proliferation and use of illegal drugs has caused moral degradation, disease, crimes, and deaths to numerous Filipinos; HTcADC

WHEREAS, Section 2 of Republic Act No. 9165 or the Comprehensive Dangerous Drugs Act of 2002, as amended, (the "Act") provides that it is a declared policy of the State to provide effective mechanisms or measures to re-integrate into society individuals who have fallen victim to drug abuse or drug dependence through sustainable programs of treatment and rehabilitation;

WHEREAS, Executive Order No. 4, Series of 2016 ("Executive Order") issued by President Rodrigo Roa Duterte created the Inter-Agency Task Force for the Establishment and Support of Drug Abuse Treatment and Rehabilitation Centers ("Task Force") composed of the following agencies:

Chairperson:	Secretary of Department of the Interior and Local
	Government
Vice Chairpersons:	Secretary of Department of Health
	Chairman of Dangerous Drugs Board
Members:	Secretary of Department of Social Welfare and
	Development
	Secretary of Department of Budget and Management
	Director General of Philippine Drug Enforcement Agency
	Representative of Office of the President

WHEREAS, Section 2 of the Executive Order provides that the Task Force shall have the responsibility to establish the needed drug abuse treatment and rehabilitation centers and provide support to their operations and enjoin the cooperation of local government units in the establishment and support of these centers and in the implementation of the community-based treatment and rehabilitation programs;

WHEREAS, due to the advocacy and strong pronouncement of President Rodrigo Roa Duterte to immediately address the country's drug problem, there is an unprecedented mass voluntary surrender of self-confessed drug users and dependents nationwide;

WHEREAS, the President has also declared that the campaign against drugs should be started in the barangays to accelerate the drive against illegal drugs and promote the participation of the community in the suppression of drug abuse and trafficking;

WHEREAS, Section 51 of the Act provides that local government units shall appropriate a substantial portion of their respective budgets to assist in or enhance the enforcement of the law, giving priority to preventive or education programs and rehabilitation of treatment of drug dependents;

WHEREAS, the Republic Act No. 7160 or the Local Government Code mandates that barangays shall adopt measures towards the prevention and eradication of drug abuse; aScITE

WHEREAS, Memorandum Circular No. 2015-063 of the Department of the Interior and Local Government calls for the revitalization of their respective Barangay Anti-Drug Abuse Councils and for the latter to formulate, plan, strategize, implement and evaluate programs and projects on drug prevention;

NOW THEREFORE, be it RESOLVED, as it is hereby RESOLVED, to provide a comprehensive set of guidelines dealing with the processing, assessment and screening of surrenderers who are drug users and dependents, admission of drug dependents for treatment and rehabilitation, and revitalization of anti-drug abuse councils, including the introduction of monitoring mechanism for anti-drug abuse campaigns.

SECTION 1. Objectives. — This Joint Memorandum Circular aims to establish clear guidelines and specific procedures to be followed by national government agencies, law enforcement agencies, anti-drug abuse councils (ADACs) of local government units and cause-oriented non-government organizations in dealing with drug personalities who voluntarily surrendered to authorities and assessed as drug users or dependents.

The Joint Memorandum Circular also provides for the revitalization of anti-drug abuse councils and introduction of a mechanism to monitor compliance with the Act and other related guidelines issued by the Department of the Interior and Local Government (DILG) pertaining to the campaign against the use of illegal drugs in the barangay level.

SECTION 2. Definition of Terms. —

A. Alcohol, Smoking and Substance Involvement Screening Test (ASSIST) — Developed by the World Health Organization (WHO), the screening tool is used to detect and manage substance use and related problems in primary health care and general medical care setting. The tool was translated to Filipino with consent from the WHO for use in the Philippine setting.

B. Brief Interventions — Evidenced-Based practices designed to motivate individuals at risk of substance abuse and related health problems to change their behavior. At risk individuals are made to understand how their substance use puts them in danger with the aim of reducing or totally giving up their substance use.

C. Community-Based Treatment and Rehabilitation Program — it is a consolidated model of treatment in the community with services ranging from general interventions to relapse prevention. The Program involves the coordination of non-specialist services which shall cater to meet the client's needs.

D. Diagnostic Statistical Manual (DSM 5) — An assessment tool used by clinicians and researches to diagnose and classify mental disorders (which includes substance use) published by the American Psychiatric Association. HEITAD

E. Drug dependency — refers to a state of psychological and/or physical dependence on drugs arising in a person following the administration or use of the drug on a periodic and continuous basis.

F. Drug dependency examination — a procedure conducted by a DOH-accredited physician to evaluate the extent of drug abuse of a person and to determine whether he/she is a drug dependent or not, which includes history taking, intake interview, determination of the criteria for drug dependency, mental and physical status, and the detection of dangerous drugs in body specimens through laboratory procedures.

G. Duty Officer (DO) — a capacitated personnel from the local government unit, Anti-Drug Abuse Council, Philippine National Police, Philippine Drug Enforcement Agency, or other offices who shall conduct the interview of the individual who voluntarily surrenders.

H. Eclectic Programs — a combination of the components of a Therapeutic Community, Hazelden/12 Steps and Faith-based programs.

I. Faith-Based Structured Programs — Programs with implicit and explicit religious and/or spiritual content which may or may not include traditional psychosocial intervention approaches. Implemented by either of the following; a) Secular service provider who make no explicit reference to God nor any ultimate value; b) Religiously affiliated provider who use standard non-religious techniques and approaches without religious content c) Exclusively faith-based providers who rely on religious content and technologies to the exclusion of traditional nonreligious approaches; d) Holistic provider who combine religious and non-religious content and approaches

J. Hazelden-Minnesota Model/12 Steps Programs — Based on the Hazelden Foundation Program similar to the principles of Alcoholic Anonymous which outlines a set of guiding principles (12-Steps) outlining a course of action for recovery from substance use disorder. Each participant tries to determine what will work best for their individual needs while providing support, encouragement and accountability through a sponsorship method.

K. International Classification of Diseases (ICD)-10 Classification of Mental and Behavioral Disorders — An assessment tool that provides clinical description and diagnostic guidelines for mental health and substance use disorders much similar to DSM 5.

L. Motivational Interviews — A clinical approach that helps people with substance use disorders and other chronic conditions. The approach upholds four principles; expressing empathy and avoiding arguments, developing discrepancy, rolling with resistance and supporting self-efficacy.

M. Outpatient Program (Center-Based) — A program for patients assessed to be having moderate substance use disorder conducted by a Department of Health-accredited center in a per week or per day schedule.

N. Rehabilitation — is a dynamic process directed towards the physical, emotional/psychological, vocational, social and spiritual change to prepare a drug dependent for the fullest life compatible with his capabilities and potentials and render him able to become a law abiding and productive member of the community without abusing drugs

O. Social Support — Activities includes but not limited to the following activities:

• Technical Skills Enhancement

• Livelihood training activities

• Educational Programs

• Civic and Environmental Awareness Activities

• Job Placement/Employment

P. Spiritual/Faith-Based Interventions — The use of moral and spiritual principles, doctrines and writings to influence the well-being of a substance user and leverage potential venues for reinforcing healthy behaviors. ATICcS

Q. Substance Use Disorder (SUD) — Term used in the Diagnostic Statistical Manual 5 which combines categories of substance use, abuse and dependence into a single disorder measured on a continuum from mild to severe. Each specific substance is addressed as a separate disorder (e.g., alcohol use disorder, cocaine use disorder) and is diagnosed based on the same overarching eleven (11) behavioral criteria. Clinicians can also add "in early remission", in "sustained remission", "on maintenance therapy" and "in controlled environment" in describing their diagnosis which could either be the following:

1. Mild SUD — a minimum of two (2) to three (3) criteria has been met. Similar to experimental and occasional users

2. Moderate SUD — Four (4) to five (5) criteria met which would be similar to regular and habitual use

3. Severe SUD — If six (6) or more symptoms/criteria has been met which is about the equivalent to an abuser and substance dependent individual

R. Therapeutic Community Programs — the most common form of long-term residential treatment for substance use disorder. Following the concept of a "community as a method", the program use active participation in group living and activities to drive individual change and to achieve therapeutic goals. Participants take on responsibility for their peer's recovery emphasizing mutual help and social learnings.

S. Treatment — is the medical service rendered to a drug dependent for the effective management of his physical and mental conditions arising from drug abuse

T. Voluntary Confinement for Treatment and Rehabilitation — a treatment and rehabilitation program as provided for in Section 54 of the Act.

ARTICLE I

Screening and Assessment of Voluntary Surrenderers and the Treatment and Rehabilitation Programs

SECTION 3. Guidelines on Screening and Assessment of Individuals Who Voluntarily Surrender and Determination of Appropriate Intervention. —

A. The whole process of voluntary surrender to the authorities shall be properly documented by the Duty Officer (DO) of the Office where the individual/s surrendered (the "Office") and covered by video recording, if possible. Each local government unit consequently should provide the names and offices of Duty Officers which shall be forwarded to the DDB and DILG for records purposes.

B. An interview shall be conducted by the DO who will solicit personal information from the surrenderer. Names, addresses, contact numbers, religious affiliation and sex will be recorded for purposes of monitoring compliance to prescribed program if necessary and record the information in the record book.

C. The Office shall verify with law enforcement agencies such as but not limited to the Philippine National Police, Philippine Drug Enforcement Agency or National Bureau of Investigation if the surrenderer is included in the Target List, Wanted List and Watch List Personalities or if he/she has any other pending criminal case/s.

If it is verified that the surrenderer has a pending warrant of arrest or criminal case, he/she shall be referred to the Office of the Prosecutor or the Court. Voluntary surrender may be considered as a mitigating circumstance, depending on the facts of the case.

If the name of the surrenderer is listed in any of the aforesaid lists but he has no pending case, he shall be referred to the law enforcement agency who has included said surrenderer in its list for proper investigation.

Surrenderers who wish to be part of the Witness Protection Program ("WPP") should be able to provide verifiable information. Inclusion in the WPP is subject to the evaluation of the Philippine National Police and WPP's set of evaluators.

D. The surrenderer shall be made to sign an AFFIDAVIT OF UNDERTAKING and WAIVER (Annex A) mandating the conduct of an assessment (drug dependency examination), physical/medical examination and drug test. It shall also provide that the surrenderer will fully cooperate with the prescribed program and that he shall reform himself/herself and will no longer participate in any illegal drug activity. The Affidavit and Waiver shall be subscribed before and by the Duty Officer. A family member who is of age of majority, preferably a parent or a spouse, shall also sign said Affidavit. Consent of the parents or guardian shall be obtained for surrenderers who are minors. Failure to comply with the Undertaking shall subject the surrenderer to liability as provided for in Section 17 of this Memorandum Circular. TIADCc

E. A screening of the surrenderer shall be undertaken by capacitated personnel from ADACs or Municipal or City Health Office personnel in order to determine whether the surrenderer falls under Section 3 (F) or (G) of this Memorandum Circular.

The screening shall be undertaken using "The Alcohol, Smoking and Substance Involvement Screening Test (ASSIST)" through an interview and/or the provision of the questionnaire. Other internationally accepted screening tools may also be used.

F. If found to be of "Low" risk, the concerned ADAC may provide or refer the surrenderer to, but not limited to, one or more of the following interventions:

1. Motivational Interviews

2. Brief Interventions

3. Spiritual/Faith-Based Interventions

4. Social Support Activities

a. Technical Skills Enhancement

b. Livelihood training activities

c. Educational Programs

d. Civic and Environmental Awareness Activities

e. Job Placement/Employment

5. Other activities deemed necessary

G. If found to be of "Moderate or High" risk, the surrenderer will be further assessed for morbidities under Section 3 (H), (I), or (J) of this Memorandum Circular:

1. For purposes of assessment, the DO shall refer the surrenderer to a qualified health professional for assessment by a Department of Health (DOH)-Accredited Physician, Trained Rehabilitation Center Personnel, Qualified Allied Professional, among others;

2. The qualified health professional shall use the Diagnostic and Statistical Manual of Mental Disorders (DSM V), applying the eleven (11)-point questionnaire;

3. The qualified health professional can also use the International Classification of Diseases 10 (ICD-10) classification of mental and behavioral disorders (whichever is more convenient for the practitioner)

4. If the surrenderer has co-occurring morbidities (other than substance use disorder), he is referred to a specialty facility for treatment. After which, the patient is again re-assessed by the qualified health professional.

H. If assessed to be having "mild substance use disorder" after the conduct of assessment, the surrenderer shall undergo detoxification when necessary and shall be referred to a community-based Psychosocial rehabilitation pursuant to Board Resolution No. 75, Series of 2015 ("Adopting the Guidance for Community-Based Assessment, Treatment and Care Services for People Affected by Drug Use and Dependence in Southeast Asia for the Philippines") which may include, but not limited to, any or all of the following services:

1. Motivational Interviews; AIDSTE

2. Brief Interventions;

3. Spiritual/Faith-Based structured interventions (counseling, provision of addiction modules/services, etc.)

4. Social Support Activities such as but not limited to:

a. Technical Skills Enhancement

b. Livelihood Training activities

c. Educational Programs

d. Environmental Awareness activities

e. Other Socio-Civic Oriented activities; and

5. Attendance to Support Groups (Narcotics Anonymous, Faith-based organizations and other NGOs)

6. Other activities deemed necessary

I. If assessed to be having "moderate substance use disorder" the surrenderer shall undergo detoxification when necessary and shall be referred to an out-patient program accredited by the DOH which will incorporate in said accredited program any or all of the following services:

1. Structured Out-Patient modalities (Intensive Out-Patient Matrix Program, Psychotherapy Interventions, Harm Minimization, etc.);

2. Motivational Interviews;

3. Brief Interventions;

4. Moral or Spiritual/Faith-Based structured interventions (counseling, provision of addiction modules/services, etc.);

5. Individual or group counseling;

6. Behavioral modification programs;

7. Social Support Activities such as but not limited to:

a. Technical Skills Enhancement

b. Livelihood training activities

c. Educational Programs

d. Environmental Awareness Activities

e. Other socio-civic oriented activities;

8. Attendance to Support Groups (Narcotics Anonymous, Faith-based organizations and other NGOs);

9. Other activities deemed necessary; and

10. Client is processed for admission to an Out-Patient Rehabilitation Program pursuant to Regulation No. 1, Series of 2009 of the Board, whether or not the client is a first or succeeding time offender. The intervention shall be provided by the nearest DOH-accredited drug treatment and rehabilitation center or local government health center (if capable or capacitated). AaCTcI

J. If assessed to be having "severe substance use disorder" the surrenderer shall undergo detoxification when necessary and shall be referred to an in-patient program accredited by the DOH which shall incorporate any or all of the following programs:

• Therapeutic Community Programs;

• Faith-Based Structured Programs;

• Hazelden-Minnesota Model/12 Steps Programs;

• Eclectic Programs; and

• Other activities deemed necessary

1. Upon issuance of a certification by the DOH-accredited physician that the surrenderer or the person in whose behalf the application is filed is a drug dependent and his/her confinement in a treatment and rehabilitation center is recommended, the Board or its authorized representative shall file a petition with the appropriate Court for the confinement of the said drug dependent for treatment and rehabilitation pursuant to Section 54 of the Act.

2. If the examining physician recommends the immediate confinement of the drug dependent, the Board or its authorized representative shall order his/her temporary confinement in a government or private treatment and rehabilitation center, at the option of the applicant, pending the issuance of the commitment order of the Court.

3. Any opposition to the temporary confinement of a drug dependent shall be in writing and verified. It shall state the grounds for the opposition and shall be filed with the Office of the Executive Director of the Board, copy furnished the authorized representative, as the case may be. Upon receipt of the opposition, the Executive Director shall act with all reasonable diligence and take all measures necessary to resolve the opposition. The temporary confinement shall stay, unless the opposition clearly shows that the continued confinement of the drug dependent is detrimental to his/her physical and mental well-being and that he/she does not pose a danger to himself/herself, his/her family or the community;

4. Upon the petition of the Board or its authorized representative, the Court shall order that the applicant be examined for drug dependency or shall take cognizance of the certification of the examining physician mentioned in paragraphs (b) and (c) hereof. If the examination by a DOH-accredited physician results in the issuance of a certification that the applicant is a drug dependent, he/she shall be ordered by the Court to undergo treatment and rehabilitation in a Center designated by the Board for a period of not less than six (6) months.

5. The parents, spouse, guardian, or any relative within the fourth degree of consanguinity of any person who is confined under the voluntary submission program shall be charged a certain percentage of the cost of his/her treatment and rehabilitation, subject to the schedule of fees of the accredited government center and the indigency test to be conducted by the social welfare officer of the center.

6. Confinement in a Center for treatment and rehabilitation shall not exceed one (1) year, after which time the Court, as well as the Board, shall be apprised by the head of the Center of the status of said drug dependent and determine whether further confinement will be for the welfare of the drug dependent and his/her family or the community. The DOH-accredited physician may recommend to the Court the release of a drug dependent at least forty-five (45) days after initial admission to the Center and shall likewise prescribe a comprehensive after-care and follow-up program which the dependent should adhere to in order to complete at least eighteen (18) months, depending on the assessment and evaluation of the physician and subject to the approval of the Court.

7. A drug dependent who is not rehabilitated after the second commitment to the Center under the voluntary submission program, shall, upon recommendation of the Board, be charged for violation of Section 15 (Use of Dangerous Drugs) of the Act and prosecuted like any other offender. If convicted, he/she shall be credited for the period of confinement and rehabilitation in the Center in the service of his/her sentence.

8. For the compulsory confinement of a drug dependent who refuses to apply under the voluntary submission program, the procedure set forth in Section 61 of the Act shall apply.

9. For the compulsory confinement of a drug dependent charged with an offense to treatment and rehabilitation, Section 62 of the Act shall apply. EcTCAD

K. Drug Testing may be required by medical/paramedical personnel charged with the treatment of the client only for therapeutic purposes and to monitor patient compliance to the program. Such drug testing activity must be recorded in the respective patient records and does not require the official forms from accredited laboratories.

SECTION 4. Temporary Release of and Aftercare Program for Drug Dependents. —

A. Upon certification of the Center that the drug dependent within the voluntary submission program may be temporarily released, the Court shall order his/her release on condition that said drug dependent shall report to the DOH for aftercare and follow-up treatment, including urine testing, for a period not exceeding eighteen (18) months under such terms and conditions that the Court may impose.

B. If, during the period of aftercare and follow-up, the drug dependent is certified to be rehabilitated, he/she may be discharged by the Court, subject to the provisions of Section 55 of R.A. 9165, without prejudice to the outcome of any pending case filed in court.

C. Upon discharge of the drug dependent certified to be rehabilitated as ordered by the Court, he/she shall undergo psychosocial interventions to prevent relapse. The DSWD shall assess the needs of the rehabilitated drug dependents and provide the necessary programs and services to facilitate his/her reintegration to his/her family and community, in coordination with the LGU, the DOH, and other government agencies concerned with the aftercare, reintegration and transformation support for recovering drug dependents.

D. However, should the DOH find that during the initial after-care and follow-up program of eighteen (18) months, the drug dependent requires further treatment and rehabilitation in the Center, he/she shall be recommitted to the Center for confinement. Thereafter, he/she may again be certified for temporary release and ordered released for another aftercare and follow-up program pursuant to this Section.

SECTION 5. Probation and Community Service. — A drug dependent who is discharged as rehabilitated by the Center, but does not qualify for exemption from criminal liability under Section 55 of R.A. 9165, may be charged under the provisions of the said Act, but shall be placed on probation and undergo a community service in lieu of imprisonment and/or fine in the discretion of the Court, without prejudice to the outcome of any pending case filed in Court.

SECTION 6. Filing of Charges against a Drug Dependent Who is Not Rehabilitated after Recommitment. — A drug dependent, who is not rehabilitated after the second commitment to the Center, shall, upon recommendation of the Board, be charged for violation of Section 15 of R.A. 9165 and prosecuted like any other offender. If convicted, he/she shall be credited for the period of confinement and rehabilitation in the Center in the service of his/her sentence.

SECTION 7. Escape and Recommitment. —

A. Should a drug dependent escape from the Center, he/she may submit himself/herself for recommitment within one (1) week therefrom, or his/her parent, spouse, guardian or relative within the fourth degree of consanguinity or affinity may, within said period, surrender him/her for recommitment, in which case the corresponding order shall be issued by the Board.

B. Should the escapee fail to submit himself/herself or be surrendered after one (1) week, the Board shall apply to the Court for a recommitment order. Upon proof of previous commitment or his/her voluntary submission by the Board, the Court may issue an order for recommitment within one (1) week.

C. If, subsequent to a recommitment, the drug dependent once again escapes from confinement, he/she shall be charged for violation of Section 15 of the Act and/or be subjected under Section 61 of the said Act, either upon order of the Board or upon order of the Court, as the case may be.

SECTION 8. Confidentiality of Records. —

A. Judicial and medical records of drug dependents under the voluntary submission program shall be confidential and shall not be used against him/her for any purpose, except to determine how many times, by himself/herself or through his/her parent, spouse, guardian or relative within the fourth degree of consanguinity or affinity, he/she voluntarily submitted himself/herself for confinement, treatment and rehabilitation or has been committed to a Center under this program.

B. However, where the drug dependent is not exempt from criminal liability under Section 55 of R.A. 9165, or when he/she is not rehabilitated under the voluntary submission program, or when he/she escapes again from confinement after recommitment, the records mentioned in the immediately preceding provisions, which are necessary for his/her conviction, may be utilized as evidence in court against him/her. HSAcaE

ARTICLE II

Action and Monitoring of Anti-Drug Abuse Councils

SECTION 9. Establishment of Referral Desks for Treatment and Rehabilitation. — All ADACs and BADACs are required to establish referral desks for treatment and rehabilitation in their respective city, municipal and barangay halls to expedite the processing of applications for treatment and rehabilitation of drug dependents. ADACs and BADACs shall assist the authorized representatives of the Board in the processing of such applications.

SECTION 10. Monitoring Mechanism of Anti-Drug Abuse Campaigns in Barangays. —

A. Policy Content and Guidelines

All City and Municipal Mayors are enjoined to ensure the organization of BADAC, allocation of substantial portion in the barangay budget; and the formulation of Barangay Peace and Order and Public Safety Plan and the Barangay Anti-Drug Plan of Action of all barangays under their areas of jurisdiction such that all Punong Barangays should be directed to:

1. Organize or revitalize their BADACs and its Committees on Operations and Advocacy and the BADAC Auxiliary Team;

2. Appropriate a substantial portion of their respective annual budget to assist in or enhance the enforcement of the law, giving priority to preventive or educational programs and the rehabilitation or treatment of drug dependents; and

3. Formulate barangay Peace and Order and Public Safety Plan and Barangay Anti-Drug Plan of Action as its component.

B. Report on Compliance

1. All Barangays are required to submit to their respective City/Municipal Local Government Operations Officer (C/MLGOO) within ten (10) days from the approval of their annual budget of the following calendar year, the following documents in summary form: AScHCD

a. The BADAC Plan of Action;

b. The composition, including names, of the members of their BADAC in accordance with MC 2015-63; and

c. The amount of Budget allocated for their BADAC.

2. The C/MLGOO shall document compliance by filling-out BADAC Form 1 (Annex B) and shall report to the National Barangay Operations Office (NBOO) all barangays who fail to comply with this directive for proper disposition.

3. As a transitory directive, within seven (7) days from the issuance of this memorandum circular, all barangays are required to submit the above documents to their respective C/MLGOO.

4. Together with the Chief of the Philippine National Police (PNP) in the locality, and local PDEA representative, the C/MLGOO shall determine whether the budget allocated by the barangay to their BADAC is "substantial" enough in accordance to the degree of drug affection in their barangay.

SECTION 11. Focal Persons and Designation of Dangerous Drugs Board Authorized Representatives. — Each CADAC/MADAC Chairperson shall designate a focal person who shall ensure enforcement of and compliance with this Joint Memorandum Circular. The surrenderer shall be under the supervision of the CADAC/MADAC, and shall coordinate with the appropriate service provider to assure compliance with the prescribed intervention.

Barangay Anti-Drug Abuse Councils shall also assist in the monitoring of surrenderers and shall report to their respective CADACs/MADACs.

The DOH shall have general technical supervision over the medical interventions to be introduced to clients and patients.

The Executive Director of the Board is hereby authorized to act for and in behalf of the Board to designate Authorized Representatives of the Board, and is further authorized to designate all Duty Officers and any Provincial or City Health Officer, Provincial or City Social Welfare and Development Officer, any official of DILG, Provincial or City Schools Division Superintendent of the Department of Education, Regional, Provincial or City Parole and Probation Officer of the Parole and Probation Administration, and officers of ADACs to perform the aforesaid delegated authority. The Authorized Representatives of the Board designated by the Executive Director shall be assisted by the Department of Justice, through the Public Attorney's Office, in the performance of their delegated authority, unless the applicant retains the services of a private counsel at his/her expense.

The document to be issued by the Executive Director of the Board designating Authorized Representatives of the Board shall state their specific duties and responsibilities, as follows:

1. To receive verified applications for voluntary confinement for treatment and rehabilitation;

2. To order the drug dependency examination of the applicant or the person in whose behalf the application is filed by a DOH-accredited physician;

3. To order the temporary confinement, not exceeding fifteen (15) days, of the drug dependent;

4. To file the petition for voluntary confinement for treatment and rehabilitation, for and in behalf of the Board, with the appropriate Court;

5. To appear and represent the Board during the hearing of the petition with authority to make stipulation of facts;

6. To designate the Center where the drug dependent shall be confined or the DOH-accredited physician in whose care the drug dependent shall be placed under;

7. To receive reports from the head of the Center or DOH-accredited physician regarding the status of the drug dependent; and

8. To furnish the Board with copies of all applications, issued orders, petitions and other pleadings, reports and other documents in connection with the exercise of their delegated authority.

SECTION 12. "One-Stop Shop Facilities". — ADACs shall establish "one-stop shop facilities" in their respective jurisdictions where assessment, interview, counseling, referral and/or processing of applications for petitions for confinement of drug dependents for treatment and rehabilitation and other allied processes may be undertaken. AcICHD

All government-owned treatment and rehabilitation centers shall also establish one-stop shop facilities to expedite the processing of applications for petitions for confinement.

SECTION 13. Reporting System. — All offices shall maintain a separate file of drug personalities who voluntarily surrendered in their respective offices. All community-based treatment and rehabilitation program service providers and outpatient program providers and shall update and apprise the ADACs on the progress of the patient treatment.

Number of compliant surrenderers shall be noted in the existing Local Government Unit Scorecard.

Reports of ADACs and outpatient and inpatient treatment and rehabilitation centers shall be submitted quarterly to the Policy Studies, Research and Statistics Division of the DDB using the following forms: Data on Community-Based Treatment and Rehabilitation (Annex C) and Data on Drug Treatment, Rehabilitation and Aftercare of Drug Dependents (Annex D). The DDB shall maintain a centralized database of all surrenderers.

All information on surrenderers shall be confidential in nature.

SECTION 14. Coordination for Livelihood, Training and Other Civic Activity Programs. —

All local government units shall coordinate with government agencies and non-government organizations for the provision of livelihood and training programs to surrenderer. Local government units shall liaise with the Technical Education and Skills Authority (TESDA), Department of Agriculture, Department of Education (Alternative Learning System), Commission on Higher Education (Alternative Learning System, Expanded Tertiary Education Equivalency and Accreditation Program, Open Distance Learning) Department of Trade and Industry, Department of Environment and Natural Resources and technical-vocational schools for the conduct of such programs.

SECTION 15. Funding. — Pursuant to Section 51 of the Act and Memorandum Circular No. 2015-63 of the DILG, local government units shall appropriate a substantial portion of their respective annual budgets to assist in or enhance the enforcement of the Act through this Regulation.

SECTION 16. Liability for Violation of the Regulation. — Section 32 of the Act provides for the imposition of penalty of imprisonment ranging from six (6) months and one (1) day to four (4) years and a fine ranging from Ten Thousand Pesos (P10,000.00) to Fifty Thousand Pesos (P50,000.00) to any person found violating any regulation duly issued by the Dangerous Drugs Board, without prejudice to the imposition of any administrative and other criminal sanctions.

SECTION 17. Separability Clause. — In the event that any Section, paragraph, sentence or phrase of this Regulation is declared invalid, other provisions thereof shall not be affected thereby.

SECTION 18. Effectivity. — This Regulation shall take effect fifteen (15) days after its publication in two (2) newspapers of general circulation and registration with the Office of the National Administrative Register (ONAR), UP Law Center, Quezon City.

Approved and adopted

On

DEPARTMENT OF THE INTERIORBy:

(SGD.) JOHN R. CASTRICIONESUndersecretary

DEPARTMENT OF HEALTHBy:

(SGD.) ELMER G. PUNZALANAssistant Secretary

DANGEROUS DRUGS BOARDBy:

(SGD.) PHILIP JOSEF T. VERA CRUZOIC-DDB Secretariat

DEPARTMENT OF SOCIALBy:

(SGD.) HOPE V. HERVILLAAssistant Secretary

DEPARTMENT OF BUDGET ANDBy:

(SGD.) AGNES JOYCE G. BAILENUndersecretary

PHILIPPINE DRUG ENFORCEMENT AGENCYBy:

(SGD.) DERRICK ARNOLD C. CARREONDirector III

OFFICE OF THE PRESIDENTBy:

(SGD.) AURORA C. IGNACIOAssistant Secretary

ANNEX A

Affidavit of Undertaking and Waiver

ANNEX B

BADAC Form 1

City/Municipal Consolidated Report on the Organization of Barangay Anti-Drug Abuse Council (BADAC)As of ___________

ANNEX C

Community-Based Treatment and Rehabilitation Monitoring Form

ANNEX D

Dangerous Drugs Board

ANNEX E

Client Flow for Wellness and Recovery from Substance-Related Issues

ANNEX F

Activation and Revitalization of ADACS

Published in the Philippine Star on February 12, 2017.