Text of the provision
Sec. 61. Compulsory Confinement of a Drug Dependent Who Refuses to Apply Under the Voluntary Submission Program. – Notwithstanding any law, rule and regulation to the contrary, any person determined and 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. 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. After the petition is filed, the court, by an order, shall immediately fix a date for the hearing, and a copy of such order shall be served on the person alleged to be dependent on dangerous drugs, and to the one having charge of him. If after such hearing and the facts so warrant, the court shall order the drug dependent to be examined by two
(2) physicians accredited by the Board. If both physicians conclude that the respondent is not a drug dependent, the court shall order his/her discharge. If either physician finds him to be a dependent, the court shall conduct a hearing and consider all relevant evidence which may be offered. If 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. In any event, 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.
Comprehensive Dangerous Drugs Act of 2002, Republic Act No. 9165 (2002). Reproduced in full from the official enactment and verified word-for-word against the LawPhil and ChanRobles renderings.
What this section means
Where a person found to be dependent on dangerous drugs has not applied under the voluntary programme, the Board or its authorised representative may petition the Regional Trial Court of the province or city where the person is found for confinement in an accredited Center. The court sets a hearing, and if warranted orders examination by two (2) physicians accredited by the Board — if both find no dependency the person is discharged, while a finding of dependency by either leads to a further hearing and possible commitment under DOH supervision. The order of discharge, confinement or commitment must issue not later than fifteen (15) days from the filing of the petition.
Related provisions
- Section 60 — Confidential Voluntary Submission Records.
- Section 65 — Prosecutor's Duty In Proceedings.
Cases citing this section
- Authorities on this section will be added here as each is verified against primary sources.