Short answer. Under Section 61 of RA 9165, only the Dangerous Drugs Board, or any person it authorizes, may petition to have a drug dependent compulsorily confined for treatment. The petition is filed with the Regional Trial Court of the province or city where the person is found.
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 →
Who may file the petition
This provision applies to a drug dependent who refuses to enter the voluntary submission program, allowing compulsory confinement instead. Section 61 of Republic Act 9165 is specific about who may set it in motion. It says that a person found to be dependent on dangerous drugs shall, upon petition by the Board or any of its authorized representative, be confined for treatment and rehabilitation in any Center duly designated or accredited for the purpose. So the power to petition rests with the Dangerous Drugs Board or those it authorizes, not with just anyone. A concerned family member cannot file directly under this section; the route runs through the Board or its authorized representative.
Where the petition is filed
The section then directs where the case goes. It provides that 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. Two things stand out. First, this is a court proceeding: it goes to the Regional Trial Court, not merely to an agency. Second, venue is where the person is found, which locates the case near the individual concerned. So confinement is not something the Board can simply order on its own; a court must be asked to decide.
The safeguards in the hearing
Because confinement affects a person's liberty, the section builds in due process. After the petition is filed, the court shall immediately fix a date for the hearing, and a copy of the order is served on the person alleged to be dependent and on the one having charge of him. If the facts warrant, the court orders the respondent examined by two (2) physicians accredited by the Board. The medical findings matter greatly: If both physicians conclude that the respondent is not a drug dependent, the court shall order his/her discharge. Only if a physician finds dependency does the court hold a further hearing and weigh all the relevant evidence before deciding.
The outcome and the deadline
If, after the hearing, the court finds him a drug dependent, it shall issue an order for his/her commitment to a treatment and rehabilitation center under the supervision of the DOH. So the end result is treatment under health authorities, not punishment. The section also imposes a firm timetable to prevent a person from languishing in limbo: the order of discharge or order of confinement or commitment shall be issued not later than fifteen (15) days from the filing of the appropriate petition. Within that short window the court must either free the respondent or commit him for treatment, one way or the other.