Short answer. Yes, but not on the family's say-so. Confinement follows a petition filed by the Dangerous Drugs Board or someone it authorises, with the Regional Trial Court where the person is found, and only after a hearing and examination by two accredited physicians. The family's route is through the Board.
What the law says
A petition for the confinement of a person alleged to be dependent on dangerous drugs to a Center may be filed by any person authorized by the Board with the Regional Trial Court of the province or city where such person is found.
RA 9165, Section 61 — Compulsory Confinement Of Drug Dependents. Read the full provision →
What the law says
the court shall order the drug dependent to be examined by two (2) physicians accredited by the Board
RA 9165, Section 61 — Compulsory Confinement Of Drug Dependents. Read the full provision →
What the law says
shall be charged a certain percentage of the cost of his/her treatment and rehabilitation, the guidelines of which shall be formulated by the DSWD
RA 9165, Section 74 — Cost-Sharing In Rehabilitation. Read the full provision →
Who may file, and where
A petition for the confinement of a person alleged to be dependent on dangerous drugs to a Center may be filed by any person authorized by the Board with the Regional Trial Court of the province or city where such person is found. That sentence disposes of the assumption most families arrive with. A parent or spouse cannot simply walk into court and ask that someone be committed; the petition belongs to the Board or to a person it has authorised, and Section 65 puts the drafting of petitions in proceedings under this Act on the provincial or city prosecutor. The venue follows the person, not the family home.
What the court does before anyone is confined
The section is built so that confinement is never the first step. Once the petition is filed the court immediately fixes a hearing date, and a copy of the order is served both on the person alleged to be dependent and on whoever has charge of him — so he learns of the case and can appear. If the facts warrant it, the court shall order the drug dependent to be examined by two (2) physicians accredited by the Board. Only after that, and after a hearing at which all relevant evidence may be offered, may the court order commitment to a treatment and rehabilitation centre under the supervision of the DOH.
The family pays a share
Commitment is not a transfer of the whole burden to the State. Section 74 provides that the parent, spouse, guardian or any relative within the fourth degree of consanguinity of a person confined — under either the voluntary or the compulsory programme — shall be charged a certain percentage of the cost of his/her treatment and rehabilitation, the guidelines of which shall be formulated by the DSWD, taking the family's economic status into account and implemented through a social worker of the local government unit. Families weighing this route should raise the question of the share early rather than discover it after a commitment order has issued.
The obligation does not end at the door
Section 73 makes a parent, spouse or guardian who without valid reason refuses to cooperate with the Board or a concerned agency in the treatment of a minor drug dependent, or who prevents or delays after-care and follow-up programmes, liable to be cited for contempt by the court. Note also the asymmetry in confidentiality: the protection for judicial and medical records in Section 60 is written for the voluntary submission programme, so a family choosing the compulsory route should not assume the same shield covers it. That difference is often the strongest argument for persuading a relative to submit voluntarily first.
Related provisions
- RA 9165, Section 61 — Compulsory Confinement Of Drug Dependents
- RA 9165, Section 60 — Confidential Voluntary Submission Records
- RA 9165, Section 65 — Prosecutor's Duty In Proceedings
- RA 9165, Section 73 — Uncooperative Parent, Spouse Or Guardian
- RA 9165, Section 74 — Cost-Sharing In Rehabilitation