Penalizing Use, Possession, or Unauthorized Sale to Minors of Volatile Substances for Inducing Intoxication

July 23, 1979

PRESIDENTIAL DECREE NO. 1619

PENALIZING THE USE OR POSSESSION OR THE UNAUTHORIZED SALE TO MINORS OF VOLATILE SUBSTANCES FOR THE PURPOSE OF INDUCING INTOXICATION OR IN ANY MANNER CHANGING, DISTORTING OR DISTURBING THE AUDITORY, VISUAL OR MENTAL PROCESS

WHEREAS, reports from law enforcement agencies reveal that certain substances which are openly sold to the public are being availed of by drug dependents as substitutes for dangerous drugs;

WHEREAS, medical research and studies show that the use of such substitutes could cause death, physiological damage to the liver, kidneys, heart, blood and nervous system, induce dependency, self-destructive and anti-social acts while under the influence thereof, and lead to the use of other drugs;

WHEREAS, it is imperative to stop the use of such substances as substitutes for dangerous drugs;

NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Republic of the Philippines, by virtue of the powers vested in me by the Constitution, do hereby decree and order as follows:

SECTION 1. Volatile substances as used in this Decree shall mean and include any liquid, solid or mixed substance having the property of releasing toxic vapors or fumes containing one or more of the following chemical compounds: methanol, ethanol, isopropanol, ethyl acetate, n-propyl acetate, n-butyl acetate, acetone, methyl ethyl ketone, methyl butyl ketone, benzene, toluene, xylene, styrene, naphthalene, n-pentane, n-hexane, n-heptane, methylene chloride, trichloroethylene, tetrachloroethylene, nitrous oxide, dichlorodifluoromethane, chlorodifluoromethane, isoamyl nitrate, ether or chloroform or any other chemical substance which when sniffed, smelled, inhaled, or introduced into the physiological system of the body produces or induces a condition of intoxication, inebriation, excitement, stupefaction, dulling of the brain or nervous system, depression, giddiness, paralysis, or irrational behaviour or in any manner changing, distorting or disturbing the auditory, visual or mental processes.

SECTION 2. The use or possession of volatile substances for the purpose of inhalation to induce or produce intoxication or any of the conditions described in the preceding section shall be punishable by imprisonment ranging from six months and one day to four years and a fine ranging from six hundred to four thousand, pesos: Provided, however, That the provisions of Article VI, entitled "Rehabilitative Confinement and Suspension of Sentence", of Republic Act No. 6425, as amended (otherwise known as the Dangerous Drugs Act of 1972), shall, whenever appropriate, apply to the cases arising hereunder.

SECTION 3. The penalty of imprisonment ranging from four years and one day to eight years and a fine ranging from four thousand to eight thousand pesos shall be imposed upon any person who sells, administers, delivers, or gives away to another, on any terms whatsoever, or distributes, dispatches in transit or transports or who acts as a broker in any of such transactions, any substance or mixture of substances containing one or more of the chemical compounds mentioned in Section one hereof for the purpose of inhalation to induce or produce intoxication or any of the conditions described therein.

SECTION 4. The penalty of imprisonment ranging from four years and one month to eight years and a fine ranging from four thousand to eight thousand pesos shall be imposed upon any person, or group of persons who shall maintain a den, dive or resort where any substance or mixture of substances containing one or more of the chemical compounds mentioned in Section one hereof is used for the purpose of inhalation to induce or produce intoxication or any of the conditions described therein.

SECTION 5. The sale of, and offer to sell, volatile substances to minors without requiring the written consent of their parents or guardians as a condition for such sale or offer to sell shall be punishable by imprisonment ranging from six months and one day to four years and a fine ranging from six hundred to four thousand pesos: Provided, That when the minor is eighteen years or over and is duly licensed to drive a motor vehicle, such written consent shall not be necessary when the volatile substance sold or offered for sale is gasoline or any other motive fuel for motor vehicles.

SECTION 6. The sale of, and offer to sell, to minors of liquors or beverages containing an alcoholic content of thirty per centum or above (60 proof or above) is hereby prohibited and shall be punishable by imprisonment ranging from six months and one day to four years and a fine ranging from six hundred to four thousand pesos.

SECTION 7. The Dangerous Drugs Board is hereby empowered to issue rules and regulations to carry out the purposes of this decree, including the treatment and rehabilitation of dependents on volatile substances and their confinement in rehabilitation or commercial products containing one or more of the chemical compounds mentioned in Section one hereof, and the publication, whenever the need arises, in a newspaper of general circulation, a list of the mentioned industrial or commercial products the sale of which is restricted or prohibited under the preceding sections. acd

SECTION 8. This Decree shall take effect immediately.

DONE in the City of Manila, this 23rd day of July, in the year of Our Lord, Nineteen Hundred and Seventy-Nine.

Published in the Official Gazette, Vol. 75 No. 20 Page 2964 on May 16, 1979.