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CHR - Session 1 Topic 2
CHR - Session 1 Topic 2
THE BARANGAY
ANTI-DRUG ABUSE
COUNCIL
Atty. Francis Tom Temprosa
Pagkakapantay-pantay at Walang
Pagtatangi (Equality and Non-
Discrimination)
Right To Health:
“The States Parties to the present Covenant recognize the right
of everyone to the enjoyment of the highest attainable standard
of physical and mental health” [Article 12 of the International
Covenant on Economic Social and Cultural Rights.]
Relevant provisions:
• SECTION 3(f). Drug Rehabilitation refers to the processes of medical or psychotherapeutic
treatment for dependency on psychoactive substances such as alcohol, prescription drugs,
and other dangerous drugs pursuant to Republic Act No. 9165, otherwise known as the "
Comprehensive Dangerous Drugs Act of 2002
• SECTION 18(e). All regional, provincial, and tertiary hospitals, including private hospitals
rendering service to paying patients, shall provide the following psychiatric, psychosocial,
and neurologic services: Coordination with drug rehabilitation centers vis-à-vis the care,
treatment, and rehabilitation of persons suffering from addiction and other substance-
induced mental health conditions.
• SECTION 20. Pursuant to its duty to provide mental health services and consistent with the
policy of treating drug dependency as a mental health issue, each local health care facility
must be capable of conducting drug screening
• SECTION 43. Persons who avail of the voluntary submission provision and persons charged
pursuant to Republic Act No. 9165, otherwise known as the "
Comprehensive Dangerous Drugs Act of 2002," shall undergo an examination
for mental health conditions and, if found to have mental health conditions, shall be covered
by the provisions of this Act.
Source: https://www.ncbi.nlm.nih.gov/pmc/articles/PMC6646847/
CHR: Dignity of all
Drugs are not only a Problem of Crime, but
also of Health
Republic Act 9165: Comprehensive Dangerous Drugs Act of 2002
Relevant provisions:
• SECTION 54. A drug dependent or any person who violates Section 15 of this Act may, by
himself/herself or through his/her parent, spouse, guardian or relative within the fourth degree of
consanguinity or affinity, apply to the Board or its duly recognized representative, for treatment
and rehabilitation of the drug dependency.
• SECTION 57. A drug dependent who is discharged as rehabilitated by the DOH-accredited Center
through the voluntary submission program, but does not qualify for exemption from criminal
liability under Section 55 of this Act, may be charged under the provisions of this Act, but shall be
placed on probation and undergo a community service in lieu of imprisonment and/or fine in the
discretion of the court, without prejudice to the outcome of any pending case filed in court. Such
drug dependent shall undergo community service as part of his/her after-care and follow-up
program, which may be done in coordination with nongovernmental civic organizations accredited
by the DSWD, with the recommendation of the Board.
• SECTION 60. Judicial and medical records of drug dependents under the voluntary submission
program shall be confidential and shall not be used against him for any purpose, except to
determine how many times, by himself/herself or through his/her parent, spouse, guardian or
relative within the fourth degree of consanguinity or affinity, he/she voluntarily submitted
himself/herself for confinement, treatment and rehabilitation or has been committed to a Center
under this program.
12 sections
started with
the word. . . .
ARTICLE II SECTION 11
The State values the dignity of every human
person and guarantees full respect
for human rights.
CHR: Dignity of all
Methadone Maintenance Therapy Pilot in Vietnam
In 2009, Vietnam used the Methadone Maintenance Therapy (MMT) using oral
methadone as a treatment for relieving heroin addiction and the result showed that
24 months after treatment initiation, heroin use as measured by urine test or self-
report had reduced from 100 % of participants at both sites to 14.6 % in Hai Phong
and 22.9 % in HCMC. (Impact of a Methadone Maintenance Therapy Pilot in
Vietnam and its Role in a Scaled-up Response)
Source: https://harmreductionjournal.biomedcentral.com/articles/10.1186/s12954-015-0075-9
Photo Source: https://www.hri.global/files/2010/05/02/Presentation_20th_C12_Huynh.pdf
CHR: Dignity of all
Harm Reduction Intervention
Sources: Atty. Rexford Guevarra, Atty. Jenine Rosanne Velasquez, Atty. Jollet Paulo Dela Cruz
CHR: Dignity of all
Rights of Person Arrested, Detained or
Under Custodial Investigation
Right to be assisted by counsel at all times
(Karapatang humingi at magkaroon ng abogado sa harap ng anumang napipintong interogasyon ng
pulis at karapatang mabigyan ng libreng abogado kung hindi mo kaya kumuha)
Right to be visited by the immediate members of the family, counsel, or any NGO, national or
international.
(Karaptang bisitahin ng mga kaagad na miyembro ng pamilya, abogado, o anumang NGO,
national o international)
(Note: Detailed Rights of Persons Arrested, Detained or Under Custodial Investigation; Duties of Public
Officers is found in R.A. 7438 Section 2)
Effect of Non-Compliance:
• People v. Delmonte: Non-compliance will not render accused’s arrest illegal
or the items seized as inadmissible if the the integrity and the evidentiary
value of the seized items is preserved
• Bondad v. People: for failure to comply with Sec. 21 in a manner that
COMRPOMISED THE IDENTITY of the items seized (the corpus delicti of
the crime), accused should be acquitted.