UNIFIED ACTIONS AGAINST ILLEGAL DRUGS AND OTHER SUBSTANCESREVITALIZING THE ANTI-DRUG ABUSE COUNCILS (ADAC)DILG MEMORANDUM-CIRCULAR 2009-09REGIONAL MEMORANDUM-CIRCULAR NO. 2009–01

REFERENCES:

1. DILG Memorandum Circular (MC) No. 98-227, dated December 2, 1998, RE: Creation of Provincial, City, Municipal, and Barangay Anti-Drug Abuse Councils;

2. DILG MC No. 99-236, dated December 21, 1999, RE: Addendum to MC 98-227 on the Creation of Prov’l, City, Mun. & Barangay Anti-Drug Abuse Councils;

REFERENCES:

3. DILG MC No. 2000-127, dated September 8, 2000, RE: Supplementing Memorandum Circular No. 98-227, dated December 2, 1998, as amended;

4. DILG MC No. 2001-90, dated July 26, 2001, RE: Anti-Drug Abuse Councils;

REFERENCES:

5. DILG MC No. 2003-131, dated June 3, 2003, RE: Strengthening of Anti-Drug Abuse Councils; and

6. DILG MC No. 2009-09, RE: Unified Actions Against Illegal Drugs and Other Substances

COMPOSITION OF ANTI-DRUG ABUSE COUNCILS

Position in the

Council

Provincial Level City Level

Chairman

Governor Mayor

Vice-Chairman

PNP Provincial Director

PNP City Director

Members

DILG Provincial DirectorDepEd Div. SuperintendentDOJ Provincial ProsecutorProvincial Health OfficerProv’l Social Welfare OfficerProv’l Information OfficerNGO/Socio Civic Group Rep.Church Group Rep.Prov’l Probation & Parole Officer

DILG City DirectorDepEd Div. Supt.DOJ City ProsecutorCity Health OfficerCity Social Welfare OfficerCity Information OfficerNGO/Socio Civic Group Rep.Church Group Rep.City Probation & Parole Officer

COMPOSITION OF ANTI-DRUG ABUSE COUNCILS

Position in the

Council

Municipal Level Barangay Level

Chairman

Mayor Punong Barangay

Vice-Chairman

Chief of Police Barangay Kagawad (In charge of Peace & Order)

Members

MLGOODistrict SupervisorMunicipal Health OfficerMSWDOMun. Information OfficerNGO/Socio Civic Group Rep.Church Group Rep.

SK ChairmanSch. Principal (Public) or RepEx-O TanodNGO/Civil Society Rep.PTA or RepresentativePres., Homeowners Ass’nReligious Org. Rep.COP or Rep. - Adviser

FUNCTIONS OF ANTI-DRUG ABUSE COUNCILSPROVINCE/CITY/MUNICIPAL:

1. Serve as a focal point through which various organization & individuals work together cooperatively on planning, implementation & evaluation of programs on drug abuse prevention;

2. Provide for an effective mechanism for coor-dination of existing services and programs and those which might be developed in the immediate future;

FUNCTIONS OF ANTI-DRUG ABUSE COUNCILSPROVINCE/CITY/MUNICIPAL:

3. Provide a mechanism to obtain funds, volunteer facilities and technical expertise;

4. Conduct information and education campaign on the ill-effect of illegal drugs, monitor and report to proper authorities drug-pushers and drug-users in the locality;

5. Submit monthly monitoring report;

FUNCTIONS OF ANTI-DRUG ABUSE COUNCILSPROVINCE/CITY/MUNICIPAL:

6. Prepare a confidential watch list of drug users and pushers found in the LGUs area of verification leading to the arrest and filing of appropriate charges; and

7. Perform other related responsibilities as may be assigned by competent authorities.

FUNCTIONS OF ANTI-DRUG ABUSE COUNCILSBARANGAY:

1. Plan, strategize, implement and evaluate programs and projects on drug abuse prevention in the barangay;

2. Coordinate and collaborate with other institutions implementing programs and projects on drug abuse at the barangay level;

FUNCTIONS OF ANTI-DRUG ABUSE COUNCILSBARANGAY:

3. Continuously gather and update data on drug abuse and its effect on the peace and order situation in the barangay including listing of drug users and pushers;

4. Refer users & pushers to the police & other institutions for corresponding sanctions, rehabilitation &/or counseling; and

5. Perform other related functions.

FUNCTIONALITY INDICATORS

1) Organization;2) Meetings; 3) Policies, Plans

and Budgets; and

4) Accomplishments

FUNCTIONALITY INDICATORS:1. ORGANIZATION:a. Creation – Resolution or Executive

Orderb. Chairman - brief/orient the ADAC’s

roles and functions, assisted by the DILG Field officer concerned

c. Additional sectoral representative may be appointed by the Chairman of ADAC

FUNCTIONALITY INDICATORS:2. MEETINGS: The ADAC Chairman shall call

regular meeting at least once a month and special meeting whenever necessary.

Minutes of the meeting shall be recorded/ documented

Resolutions & agreements during the meeting shall relate to the agenda on hand & solutions to the current drug abuse problems

FUNCTIONALITY INDICATORS:3. PLANS AND BUDGET:a. Preparation of an Anti-Drug Abuse

Plan with the corresponding Budget;

b. Consideration of the Anti-Drug Abuse Plan as demand driven and priorities to address the current drug abuse related problems

FUNCTIONALITY INDICATORS:4. ACCOMPLISHMENT:a. Outcome of the Anti-Drug Abuse Plan

means impact &/or quantifiable result of its implementation

b. Submission of quarterly or periodic monitoring & assessment report to higher ADACs

c. Judicious utilization of funds means what have been allocated to plans are expended

d. Active participation & civic engagement in the implementation of anti-drug abuse projects and activities.

RESPONSIBILITIES COMMON TO ALL LOCAL GOVERNMENT OFFICIALS AT ALL LEVELS

1. As required under Sections 51 to 53 of RA 9165 (Comprehensive Dangerous Drugs Act of 2002), LCE and Sanggunian Members must ensure the mandatory inclusion in the Local Annual Budget of a substantial appropriation that can adequate-ly assist in or enhance the enforcement of RA 9165 giving priority to preventive or educational programs and the rehabilitation or treatment of drug dependents.

2. Ensure that the provisions of Sections 51 to 53 of RA 9165 shall be strictly and faithfully enforced.

RESPONSIBILITIES COMMON TO ALL LOCAL GOVERNMENT OFFICIALS AT ALL LEVELS

3. Initiate the formulation of prevention and rehabilitation programs in their respective LGUs.

4. Initiate the conduct of symposia & dialogues with school authorities and students, owners & emplo-yees of business establishments, government officials and employees & the general public.

5. Ensure the sustainability of rehabilitation or treatment program of drug dependents.

RESPONSIBILITIES COMMON TO ALL LOCAL GOVERNMENT OFFICIALS AT ALL LEVELS

6. Cause the enactment of an ordinance complementing the Comprehensive Drugs Act of 2002, if none has yet been passed, or to amend the same, to be consistent with the pertinent provisions of the said Act, and ensure the effective enforcement thereof.

7. Ensure that the Anti-Drug Abuse Councils at all levels perform their functions and responsibilities as embodied in relevant Department issuances.

RESPONSIBILITY OF THE GOVERNOR

Ensure that component city mayors and municipal mayors shall perform their mandated tasks and responsibilities under Sections 51-53 of RA 9165, in this Circular, and other Department issuances, including the creation and activation of the Anti-Drug Abuse Councils at all levels.

RESPONSIBILITIES OF THE CITY/MUN. MAYOR

1. Call on the local PNP, pursuant to their power of operational supervision and control over the local PNP under Section 51 (a) of RA 6975, as amended by Section 62 of RA 8551, to conduct periodic or unannounced onsite inspection of dens, resorts, bars, karaoke bars, nightclubs and other establishments or houses suspected of being used as drug dens or place of sale or delivery of illegal drugs.

RESPONSIBILITIES OF THE CITY/MUN. MAYOR

2. Ensure that the Administrative Board under Section 52 (1) of RA 9165 shall be created, functional & shall faithfully discharge their mandated task to abate nuisances contemplated under the said provision of RA 9165.

3. Revoke the business permit of any business establishment found by the Board created under Section 52 (1) of RA 9165 to be the site of the deliveries, sale and use of illegal drugs and substances.

RESPONSIBILITIES OF THE CITY/MUN. MAYOR

4. Provide support, financial or otherwise, to the local PNP that is necessary in its sustained operations against illegal drugs.

5. Ensure that the Punong Barangays under their general supervision shall perform their responsibilities as embodied in this Circular and in other relevant Department issuances and pertinent laws.

RESPONSIBILITIES OF THE PUNONG BRGYS

1. Shall identify drug affected house clusters, work places, streets, puroks and sitios where delivery, sale or use of illegal drugs are being conducted and to report the same immediately to the PNP or the Philippine Drug Enforcement Agency (PDEA).

2. Extend necessary assistance and cooperation, from operations up to prosecution, to the PDEA and PNP, authorities in its operation against illegal drugs.

SANCTIONS

1. The mandate under Section 51 of RA 9165 for LGUs to appropriate a substantial portion of their respective Annual Budgets to assist in or enhance the enforcement of RA 9165 is considered as a mandatory requirement in all budget preparations in addition to those already mandatorily required under Section 324 of the LGC…

SANCTIONS

1. …Accordingly, failure to include such appropriation in the Annual Budget of every LGU shall be a ground to disapprove the said Annual Budget on review. Further, failure to include such appropriation in the said Annual Budget can subject the local officials concerned to a possible administrative charge of dereliction of duty.

SANCTIONS

2. In case of adverse reports from PDEA &/or PNP that illegal drugs’ sale, delivery & use is rampant within the LGU concerned or that the PDEA, PNP & other law enforcement agencies have uncovered shabu & other illegal drug laboratories & marijuana plantation within the area of their jurisdiction, & the local officials therein, after having been made aware thereof…,

SANCTIONS

2. …failed to take appropriate measures to enforce the pertinent provisions of RA 9165, including abatement of nuisances under Section 52 thereof, may be charged administratively for gross negligence or dereliction of duty as may be warranted by evidence. Such inaction, despite knowledge of the PDEA or PNP adverse reports, shall be considered as prima facie evidence for the said administrative charge/s.

SANCTIONS

3. Any local official engaged in the sale, delivery, transportation & use of illegal drugs or who may have benefitted therefrom shall be dealt with criminally and administratively pursuant to RA 9165.

THANK YOU!