CHAPTER 17
Narcotics Control and
Investigation
1. The Violation
a. Republic Act No. 9165 (Comprehensive Dangerous Drugs Act
of 2002)
 this new law expressly repealed Republic Act No. 6425,
otherwise known as the Dangerous Drugs Act of 1972.
 the provisions of the Revised Penal code ( Act No. 3814),
as amended, shall not apply to the provisions of this new
law, except in the case of minor offenders.
 the new law no longer distinguishes a prohibited drugs as
they are both embraced in the term dangerous drugs. It
however takes into account the so-called Controlled
Precursor and Essential Chemicals.
 the following Unlawful Acts are punishable:

Importance of dangerous drugs
and/or controlled precursors and
essential chemicals.
 Even if there is a valid and lawful intention behind the
importance of the dangerous drugs as long as no
previous authority was secured and granted prior to
6the importation, the same is punishable.
 If a diplomatic passport, diplomatic facility or official
station or position is utilized to facilitate the illegal
importation and entry into the Philippine territory of
the same, the law no longer makes a distinction
whether what was imported or brought is a dangerous
drug or controlled precursor/essential chemicals.

Sale, trading, administration,
dispensation, delivery, distribution
and transportation of dangerous
drugs and/or controlled precursors
and essential chemicals.
 Refers to the unlawful dealing, selling, administering,
disposition or distribution or transportation of
dangerous drugs and controlled precursors/essential
chemicals with or without consideration.

Maintenance of Den, dive or
Resort
 Not all den, dive or resort as understood in
ordinary parlance, are subject to the prohibition
in view of the fact that the mere maintenance of
a den, drive or resort per se is not unlawful.

Being an Employee and Visitor of a
Den, Drive or Resort
 It is in the nature of a crime by omission. That is
the law penalizes the offender the failing to do a
positive act.
 A person may be held liable even he/she is not
actually engaged in illegal drug activity but often
visit places and assuming that she/he is aware.

Manufacture of dangerous drugs and/or
controlled precursors and essential
chemicals.
 The common used in manufacturing dangerous
drug in a clandestine laboratory is already prima
facie evidence that a dangerous drug is being
manufactured therein.

Illegal chemical dimension of
controlled precursors and essential
chemicals
 This covers not only those chemicals compositions
but also those, which at the moment have not yet
been exploited in drug-trafficking. Persons who
actually perform the illegal act of diverting any
controlled precursors and essential chemicals are
penalized.

Manufacture or delivery of equipment,
instrument, apparatus and other
paraphernalia for dangerous drugs
and/or controlled precursors and
essential chemicals.
 Refers to the unauthorized manufacture or delivery
of equipment, instrument, apparatus and other
paraphernalia for dangerous drugs and/or controlled
precursors and essential chemicals and not the
manufacture or delivery of the dangerous drug itself.

Possession of Dangerous drugs.
 Another salient feature of the new law in the sense
that it lowers the number of quality of the dangerous
substance in order to make the offenses of
possession non-bialable.

Possession of equipment, instrument,
apparatus and other paraphernalia for
dangerous drugs.
• Mere possession without authority of equipment
instrument, apparatus and other paraphernalia for
dangerous drugs is punishable.

Possession of Dangerous drugs during
parties, social gatherings or
meetings.
 The new provision in the law on drugs provides a
stiffer penalty if the possession of dangerous drugs is
done in a close company of at least two persons or
during social gatherings or meetings.
 It also covers those who are about to commit the socalled “pot session.” if the pot session has started
already, the culprits involved could also be charged
for violation of use of dangerous drugs.

Possession of equipment, instrument,
apparatus and other paraphernalia for
dangerous drugs during parties, social
gatherings or meetings.
• If the instrument has been specifically designed or
made for the administration, injection of illicit drugs,
there is no need to actually use it to be punishable.

Use of dangerous drugs.
• Any person arrested or apprehend shall be required to
submit himself to a drug test and if found positive, a
case shall be filed against him.
• If the offender is likewise found illegally possessing a
dangerous drugs at the time of his apprehension, the
provision on possession of dangerous drugs shall apply.

Cultivation or culture of plants
classified as dangerous drugs or are
sources thereof.
• This penalizes the unauthorized planting, cultivation of
plants which are sources or actually classified as
dangerous drugs.
• In addition to the penalty that would be imposed upon
the offender, the land or portion thereof including the
greenhouse where the said plant is cultivated shall be
confiscated and escheated in favor if the government.

Maintenance and keeping of original
records of transactions on dangerous
drugs and/or controlled precursors
and essential chemicals.
 This is classified as a crime by omission . Any persons
who is illegally engage in the manufacturing of
dangerous drugs is required to maintain and keep the
records involving dangerous drugs otherwise they will
be held liable.
 Aside from imprisoned and fine, the business license to
the privilege to practice his profession shall be
revoked.

Unnecessary Prescription of
Dangerous Drugs.
 This occurs when the physician with authority to
issue prescriptions, issues a prescription for
dangerous drugs despite the fact that the physical
condition of the person does not require the
prescription that exceeds the dosage required.

Unlawful Prescription Of Dangerous
Drugs.
 If the person has no such authority to issue a
prescription and may not even a medical
practitioner at all, it is like a
misrepresentation or estafa under article 315
par.2 (a).
b.
Presidential decree No. 1619
 Penalizing the use or possession to minors of volatile
substance for the purpose of inducing intoxication.
c.
of
Republic Act No. 953 (Narcotics Law
1953)
 RA 953 requires the registration of person with the BIR
to produced, import, manufacture, compound, deal in,
sell and give away opium, marijuana or any synthetic
drugs which had been declared habit-forming by the
President of the Philippines including their salts,
derivatives or preparation.
d. The National International
Revenue code of
1977 ( As
Amended)
 This requires the keeping of true and correct records
of prohibited drugs by physicians, dentist,
veterinarians or pharmacists as required by law and
by the regulation of the Department of Finance.
2. The Violators – the persons of
importance.
a.
The USERS
one who injects, intravenously or intramuscularly or
consumes.
THE DRUG DEPENDENT
persons suffering from drug dependence.
1.
2.
3.
4.
5.
The possession of dangerous drugs without
adequate therapeutic reasons.
The presence of needle marks in the form of black
or blue spots resembling tattooing or fresh
punctures-type holes caused by hypodemic needles.
The presence of elongated scars over the veins
especially those of the forearms, the in-steps, or
lower legs.
The presence of abscesses over the vein near sites
where veins approach the surface.
An appearance of drowsiness, sleepiness or lethargy
especially if accompanied by a tendency to scratch
the body as if itching.
6.
7.
8.
•
•
The possessions of equipment which consists of a
hypodermic needles and a cooking spoon with the
handle bent backward and blackened underneath
from being held over a lighted match or candle.
A tendency to sit looking off into space known as
“goofing”, which may indicate the use of barbiturates.
Certain visuals signs appears when the abuser’s
supplies are cut off and withdrawal symptoms
developed.
These includes:
Nervousness, restlessness, anxiety
Yawning, red eyes and runny nose, sweating
•
•
•
Enlargement of the pupils of the eyes.
Severe back and leg aches.
Hot and cold flashes.
As withdrawal progresses, vomiting, diarrhea and
increase in breathing rate and temperature may
developed and ordinarily, the eyes become extremely
sensitive to light and easily get hurt.
9. A tendency of the suspect to isolate himself at regular
intervals in order to take injections.
10. Suspect will often wear long-sleeved shirts or heavy
clothing even on the warmest days to conceal obvious
tell-take marks on the arms.
b. THE PUSHER.
any person who sells, trades and administers,
dispenses, distribute and transport dangerous drugs.
c. DRUG SYNDICATE.
any organized group of persons performing or joining
together with the intention of committing any offense
prescribed under the comprehensive dangerous drugs
act of 2002.
d. FINANCIER
any person pays for, raise or supplies money for any
illegal activities prescribed under comprehensive
dangerous drugs act of 2002.
e. PROTECTOR/COODLER
any person who knowingly and willingly consents to the
unlawful acts has violated the provisions of the
Comprehensive dangerous drugs act of 2002 in order to
prevent the arrest, prosecution and conviction of the
violator.
f. EMPLOYEE OF DEN, DIVE OR RESORT.
Prepare by:
Matala, Ronald John C.
BS CRIMINOLOGY