TERMINATION OF THE
GRANT OF IMMUNITY
The immunity above-granted shall not attach should it turn out subsequently that the information and/or testimony is false, malicious, or made only for the purpose of harassing, molesting or in any way prejudicing the persons described in Section 33 against whom such information or testimony is directed. In such case, the informant or witness shall be subject to prosecution and the enjoyment of all rights and benefits previously accorded him under the Law or any other law, decree or order shall be deemed terminated.
In case the informant or witness under the Law fails or refuse to testify without just cause, and when lawfully obliges to do so, or should he/she violate any condition accompanying such immunity as provided above, his/her immunity shall be removed and he/she shall be likewise be subjected to contempt and/or criminal prosecution, as the case may be and the enjoyment of all rights and benefits previously accorded him under the Law or in any other law, decree or order shall be deemed terminated. (Sec 34.)
In case the informant or witness referred to under the Law falls under the applicability of Section 34, such individual cannot avail of the provision under Article VIII of the Law.
PERSON/S WHO ARE SUBJECT
TO THE MANDATORY DRUG TESTING
a.) Applicants for driver’s license – no driver’s license shall be issued or renewed to nay person unless he/she presents a certification that he/she has undergone a mandatory drug test and indicating thereon that he/she is free from the use of dangerous drugs.
b.) Applicants for firearm’s license and permit to carry firearms outside of residence. – All applicants for firearms license and permit to carry firearms outside of residence shall undergo a mandatory drug test to ensure that they are free from the use of dangerous drugs; Provided, That all persons who by the nature of their profession carry firearms shall undergo drug testing;
c.) Officers and employees of public and private offices. – Officers and employees of public and private offices, whether domestic or overseas, shall be subjected to undergo a random drug test as contained in the company’s work unless and regulation, which shall be borne by the employer, for purposes of reducing the risk in the workplace. Any officer or employee found positive for the sue of dangerous drug shall be dealt with administratively which shall be a ground for suspension or termination, subject to the provision Article 282 of the Labor Code and pertinent provisions of the Civil Service Law.
d.) Officers and members of the military, police and other law enforcement agencies. – Officers and members of the military, police and other law enforcement agencies shall undergo an annual mandatory drug test.
e.) All persons charged before the prosecutor’s office with a criminal offense having an imposable penalty of imprisonment of not less than six (6) years and one (1) day shall have undergo a mandatory drug test.
f.) All candidates for public office whether appointed or elected both in the national or local government shall undergo a mandatory drug test.
CONFIDENTIALITY OF RECORDS UNDER
THE COMPULSARY SUBMISSION PROGRAM
The records of a drug dependent who was rehabilitated and discharged from the Center under the compulsory submission program, or who was charged for violation of Section 15 of this Act, shall be covered by Section 60 of this Act (R.A. 9165). However, the record of a drug dependant who was not rehabilitated, or who escaped but did not surrender himself/herself within the prescribed period, shall be forwarded to the court and their use shall be determined by the court, taking into consideration public interest and the welfare of the drug dependant (Sec. 64)
DISCHARGED AFTER COMPLIANCE WITH CONDITIONS OF SUSPENDED SENTENCE OF A FIRST-TIME MINOR OFFENDER
If the accused first time minor offender under suspended sentence complies with the applicable rules and regulation of the Board, including confinement in a Center, the court, upon a favorable recommendation of the Board for a final discharge of the accused, shall discharge the accused and dismiss all proceedings.
Upon the dismissal of the proceedings against the accused, the court shall enter an order to expunge all official records, other than the confidential record to be retained by the DOJ relating to the case. Such an order, which shall be kept confidential, shall restore the accused to his/her status prior to the case. He/she shall not be held thereafter to be guilty of perjury or of concealment or misrepresentation by reason of his/her failure to acknowledge the case or recite any fact related therto in response to any inquiry madeof him for any purpose (Sec. 67)
THE DANGEROUS DRUGS BOARD AND
PHILIPPINE DRUG ENFORCEMENT AGENCY
The Dangerous Drug Board
A. Function
The Dangerous Drug Board shall be the policy-making and strategy formulating body in the planning and formulation of policies and programs on drug prevention and control. (Sec. 77)
B. Composition
Under R.A. 6424 as amended, the Dangerous Drug board was composed of seven ex officio members as follows: (a) The Minister of Health or his representative; (b) the Minister of Justice or his representative; (c) The Minister of National Defense or his representative; (d) The Minister of Education and Culture or his representative; (e) The Minister of Finance or his representative; (f) The Minister of Social Service and Development or his representative; and (g) The Minister of Local Government or his representative (Sec. 35 Art. 8, R.A. 6424)
The Minister of Health shall be the Chairman of the Board and the Director of the National Bureau of Investigation shall be the permanent consultant of the Board.
Under Section 78 of R.A. 9165, the membership of the Dangerous Drugs Board was expanded to seventeen (17) members, three (3) of which are permanent members, twelve (12) shall be in ex officio capacity, and the remaining two (2) shall be regular members.
The three (3) permanent members, who shall possess At least seven-year training andexperience in the field of dangerous drugs andin any of the following fields: in law, medicine, criminology, psychology or social work, shall be appointed by the President of the Philippines. The President shall designate a Chairman, who shall have the rank of a secretary from among the three (3) permanent members who shall serve for six (6) years. Of the two (2) other members, who shall have the rank of undersecretary, one (1) shall serve for four (4) and the other for two (2) years. Thereafter, the person appointed to succeed such members shall hold office for a term of six (6) years and until their successors shall have been duly appointed and qualified.
The other twelve (12) members who shall be ex officio members of the Board are the following: (1) Secretary of the Department of Justice or his/her representative; (2) Secretary of the Department of Health or his/her representative; (3) Secretary of the Department of National Defense or his/her representative; (4) Secretary of the Department of Finance or his/her representative; (5) Secretary of the Department of Labor and Employment or his/her representative; (6) Secretary of the Department of Interior and Local Government or his/her representative; (7) Secretary of the Department of Social Welfare and Development or his/her representative; (8) Secretary of the Department of Foreign Affairs or his/her representative; (9) Secretary of the Department of Education or his/her representative; (10) Chairman of the Commission of Higher Education or his/her representative; (11) Chairman of the National Youth Commission; and (12) Director General of the Philippine Drug Enforcement Agency.
Cabinet secretaries who are members of the Board may designate their duly authorized and permanent representatives whose rank shall in no case be lower than undersecretary.
The two (2) regular members shall be as follows: (a) The President of the Integrated Bar of the Philippines; and (b) The chairman or president of a non- chairman or president of a non- chairman or president of a non-government organization involved in dangerous drug campaign to be appointed by the President of the Philippines.
