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UNIFIED ACTIONS AGAINST ILLEGAL DRUGS AND OTHER SUBSTANCES Click to edit Master subtitle style REVITALIZING THE ANTI-DRUG ABUSE COUNCILS (ADAC) DILG MEMORANDUM-CIRCULAR 2009-09 REGIONAL MEMORANDUM-CIRCULAR NO. 2009–01
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References: DILG Memorandum Circular (MC) No. 98-227, 98-227, dated December 2, 1998, RE: Creation Cr eation of Provincial, City, 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 City Baran gay Anti-Drug Abuse Councils; 1.
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References: DILG Memorandum Circular (MC) No. 98-227, 98-227, dated December 2, 1998, RE: Creation Cr eation of Provincial, City, 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 City Baran gay Anti-Drug Abuse Councils; 1.
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References: 3.
4.
DILG MC No. 2000-127, 2000-127, dated September 8, 2000, RE: Supplementing Memorandum Circular No. 98-227, dated December 2, 1998, as amended; DILG MC No. 2001-90, 2001-90, dated July 26, 2001, RE: Anti-Drug Abuse Councils;
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References: DILG MC No. 2003-131, dated June 3, 2003, RE: Strengthening of AntiDrug Abuse Councils; and 6. DILG MC No. 2009-09, RE: Unified Actions Against Illegal Drugs and Other Substances 5.
7/12/12 COMPOSITION OF ANTI-DRUG ABUSE COUNCILS
Position in the Council
Provincial Level
Chairman Governor
City Level
Mayor
VicePNP Provincial Director PNP City Director Chairman Members DILG Provincial Director DILG City Director DepEd Div. DepEd Div. Supt. Superintendent DOJ City Prosecutor DOJ Provincial City Health Officer Prosecutor City Social Welfare Provincial Health Officer Officer Prov’l Social Welfare City Information
7/12/12 COMPOSITION OF ANTI-DRUG ABUSE COUNCILS
Position in the Council
Municipal Level
Barangay Level
Chairman Mayor
Punong Barangay
ViceChief of Police Chairman
Barangay Kagawad (In charge of Peace & Order)
Members MLGOO SK Chairman Sch. Principal (Public) or District Supervisor Municipal Health Officer Rep Ex-O Tanod MSWDO Mun. Information Officer NGO/Civil Society Rep. PTA or Representative NGO/Socio Civic Group Pres., Homeowners Rep.
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FUNCTIONS OF ANTI-DRUG ABUSE COUNCILS 1.
2.
PROVINCE/CITY/MUNICIPAL: Serve as a f ocal point through which various organization & individuals work together cooperatively on planning, implementation & evaluation of programs on drug abuse prevention; Provide for an effective mechanism for coor-dination of existing services and programs and those which might be developed in the immediate future;
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FUNCTIONS OF ANTI-DRUG ABUSE COUNCILS 3.
4.
5.
PROVINCE/CITY/MUNICIPAL: Provide a mechanism to obtain funds, volunteer facilities and technical expertise; Conduct information and education campaign on the ill-effect of illegal drugs, monitor and report to proper authorities drug-pushers and drugusers in the locality; Submit monthly monitoring report;
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FUNCTIONS OF ANTI-DRUG ABUSE COUNCILS 6.
7.
PROVINCE/CITY/MUNICIPAL: 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 Perform other related responsibilities as may be assigned by
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FUNCTIONS OF ANTI-DRUG ABUSE COUNCILS 1.
2.
BARANGAY: Plan, strategize, implement and evaluate programs and projects on drug abuse prevention in the barangay; Coordinate and collaborate with other institutions implementing programs and projects on drug abuse at the barangay level;
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FUNCTIONS OF ANTI-DRUG ABUSE COUNCILS 3.
4.
5.
BARANGAY: 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; Refer users & pushers to the police & other institutions for corresponding sanctions, rehabilitation &/or counseling; and Perform other related functions.
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FUNCTIONALITY INDICATORS 1) 2) 3)
4)
Organization; Meetings; Policies, Plans and Budgets; and Accomplishment s
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FUNCTIONALITY INDICATORS: 1. Organization: a.
b.
c.
Creation – Resolution or Executive Order Chairman - brief/orient the ADAC’s roles and functions, assisted by the DILG Field officer concerned Additional sectoral representative may be appointed by the Chairman of ADAC
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FUNCTIONALITY INDICATORS: 2. MEETINGS: v
v
v
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
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FUNCTIONALITY INDICATORS: 3. PLANS AND BUDGET: a.
b.
Preparation of an Anti-Drug Abuse Plan with the corresponding Budget; Consideration of the Anti-Drug Abuse Plan as demand driven and priorities to address the current drug abuse related problems
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FUNCTIONALITY INDICATORS: 4. Accomplishment: 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 a.
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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
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RESPONSIBILITIES COMMON TO ALL LOCAL GOVERNMENT OFFICIALS AT ALL LEVELS 3. Initiate the formulation of prevention
4.
5.
and rehabilitation programs in their respective LGUs. Initiate the conduct of symposia & dialogues with school authorities and students, owners & emplo-yees of business establishments, government officials and employees & the general public. Ensure the sustainability of
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RESPONSIBILITIES COMMON TO ALL LOCAL GOVERNMENT OFFICIALS AT ALL LEVELS
6.
7.
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. Ensure that the Anti-Drug Abuse Councils at all levels perform their functions and responsibilities as bodied in el
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RESPONSIBILITY OF THE GOVERNOR v
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.
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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.
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RESPONSIBILITIES OF THE CITY/MUN. MAYOR 2.
3.
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. 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
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RESPONSIBILITIES OF THE CITY/MUN. MAYOR 4.
5.
Provide support, financial or otherwise, to the local PNP that is necessary in its sustained operations against illegal drugs. 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.
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RESPONSIBILITIES OF THE PUNONG BRGYS 1.
2.
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). Extend necessary assistance and cooperation, from operations up to prosecution, to the PDEA and PNP, h i i i i i i
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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…
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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.
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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
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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
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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.
