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VOLUNTARY SUBMISSION OF A DRUG DEPENDENT TO

CONFINEMENT, TREATMENT, AND REHABILITATION


Section 54 of R.A. No. 9165 states that:
Section 54. Voluntary Submission of a Drug
Dependent to Confinement, Treatment and
Rehabilitation. A drug dependent or any person
who violates Section 15 of this Act may, by
himself/herself or through his/her parent, spouse,
guardian or relative within the fourth degree of
consanguinity or affinity, apply to the Board or its
duly recognized representative, for treatment and
rehabilitation of the drug dependency. Upon such
application, the Board shall bring forth the matter
to the Court which shall order that the applicant be
examined for drug dependency. 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: Provided, That a drug
dependent may be placed under the care of a DOHaccredited physician where there is no Center near
or accessible to the residence of the drug
dependent or where said drug dependent is below
eighteen (18) years of age and is a first-time
offender and non-confinement in a Center will not
pose a serious danger to his/her family or the
community.
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 treatment and
rehabilitation 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.

Based on the above-quoted provision, the following


requirements before one may be allowed to avail of this option:

are

the

1. He is a drug dependent or has violated Section 15 of R.A. No. 9165;


2. Application for voluntary rehabilitation is filed before the Dangerous
Drugs Board (DDB);
3. The application for voluntary rehabilitation may be filed by either
the drug dependent himself or by his parent, spouse, guardian, or
relative within the 4th civil degree of consanguinity or affinity. If the
applicant is of majority age, there must be a previous consent given
by the drug dependent. If the applicant is a minor, there is no more
need of such previous consent from the drug dependent; 1
1 Atty. Edgardo M. Villareal II, Comments on R.A. 9165.

4. DDB shall forward the application to the Court;


5. The Court shall order the examination of the applicant for drug
dependency;
6. If certified to be drug dependent, the Court shall order the
treatment and rehabilitation of the applicant for a minimum of six
(6) months and a maximum of one (1) year;
According to the Dangerous Drugs Board website 2, the following
are the requirements for the application for the treatment and
rehabilitation of drug dependents:
1. Drug dependents can apply for Drug Dependency Examination
(DDE) with the Central Screening and Referral Unit (CSRU)
at Rizal Medical Center, Pasig City.
If a drug dependent resides outside Metro Manila, they
may coordinate with their City Anti-Drug Abuse Council
(CADAC) for assistance and for their resident DOH-Accredited
Physician to conduct DDE.
2. Police Clearance and Barangay Clearance where the drug
dependent resides.
3. RTC Clearance - Certificate of No Pending Case
4. If drug dependent is a minor and has a pending case in Court,
he/she together with his / her guardian must secure a
Certification of Suspended Sentence from the RTC where the
case is filed.
Steps to follow in applying for Voluntary Submission, Voluntary
thru Representation and Compulsory Confinement treatment and
rehabilitation of drug dependents:3
1. Secure referral form for DDE at the Legal Affairs, Division,
Dangerous Drugs Board.
2. DDE is conducted by a DOH-accredited physician.4
3. If the examination of the DOH-accredited physician results the
issuance of a Certification that the applicant is a drug dependent,
he/she or his parents/guardian, spouse shall submit the DDE

2 http://www.ddb.gov.ph/legal-services/treatment-and-rehabilitation
3 Ibid.
4 The website has a list of DOH-accredited physicians.

result, together with the other requirements, to the Legal Affairs


Division.
4. The drug dependent or his parents, relatives, guardian or spouse
must fill up the application form prior to the preparation of
Petition for Confinement, which shall be notarized and filed with
the RTC where the drug dependent resides. In the case of minor
drug dependent, his/ her parent / guardian must fill up the
application and submit the same for the preparation of Petition
for Confinement.
5. In case of compulsory confinement, his/her parents, spouse,
relatives must execute an affidavit stating they are submitting
for treatment and rehabilitation the alleged drug dependent. The
Board will prepare a petition for confinement and file the same
with the Court.
The drug dependent or his parent, spouse, relatives may decide on
the treatment and rehabilitation center of their choice. The Board may
recommend government treatment and rehabilitation center like DOHTRC, Tagaytay City and DOH-TRC, Bicutan, Taguig City