DRUG EDUCATION AND VICE CONTROL
PREPARED BY:
RODNEY P. GONZALES, R.CRIMINOLOGIST
WHAT IS A DRUG?
A drug is defined as a substance used as medicine or in the making of medicines, which
affects the body and mind and have great potential for abuse.
GENERAL SOURCES OF DANGEROUS DRUGS
1. NATURAL SOURCES
They are those produced by nature or through cultivation which are sources of dangerous
drugs like Cannabis, Opium and Coca plants.
2. SYNTHETIC SOURCES
These are those produced scientifically through the mixtures of man-made chemicals rather
natural ingredients in a laboratory established for that purpose.
Common examples are crack-cocaine, Methylenedioxymethamphetamine (ecstasy) and
methamphetamine.
3. SEMI-SYNTHETIC SOURCES
These are opioids synthesized from naturally occurring opium products, such as morphine,
heroin and codeine.
GENERAL CLASSIFICATIONS OF DANGEROURS DRUGS AS TO THEIR EFFECTS
IDIOSYNCRASY
An abnormal reactivity to a chemical that is peculiar to a given individual.
A. DEPRESSANTS
Slow down the messages sent to and from the brain. For this reason, they're often called
“Downers”.
Examples:
o Alcohol
o Opiates (Heroin & Morphine)
o Cannabis
o Sedatives and Sleeping Pills
DEPRESSANTS: SHORT-TERM EFFECTS
1.
2.
3.
4.
5.
Slow brain function
Slowed pulse and breathing
Slurred Speech
Poor Concentration
Dizziness
**Higher doses can cause impairment of memory, judgment and coordination, irritability,
paranoia and suicidal thoughts. Some people experience the opposite of the intended effect such
as agitation or aggression.
DEPRESSANTS: LONG-TERM EFFECTS
1.
2.
3.
4.
5.
Depression
Chronic Fatigue
Breathing Difficulties
Sexual Problems
Sleep Problems
B. STIMULANTS
Stimulants or 'uppers', speed up the messages sent to and from your brain.
Examples:
o Caffeine
o Nicotine
o Ecstasy
o Cocaine
STIMULANTS: SHORT-TERM EFFECTS
1. EXHAUSTION
2. APATHY
STIMULANTS: SHORT-TERM EFFECTS
1. Feelings of Hostility
2. Paranoia
C. HALLUCINOGENS
Hallucinogens change your perception of reality. Users see images, hear sounds and feel
sensations that seem very real but do not exist.
Examples:
 LSD (Lysergic Acid Diethylamide)
 Ecstasy
 High Doses of Cannabis
OPIOIDS
These are painkillers that also affect chemicals in the brain that regulated mood.
They can also depress or slow down the central nervous system and affect breathing.
EFFECTS OF OPIOD ADDICTION
•
•
•
•
Immune system weakness through malnutrition
Infections passed through blood
Gastrointestinal issues
Difficulty breathing
OPIUM
Described from the earliest written records.
Nepenthes [anxiolytic or an antidepressant] Pharmakon [anti-sorrow drug] is mentioned
in the 9th century BC in Homer’s Odyssey.
It is written that the beautiful Helen of Troy had received this potion from an Egyptian
queen and that she used it to treat Greek Warriors.
SUMERIANS
Cultivated poppies and isolated opium from their seed capsules.
They called opium, “gil” (joy) and the poppy “hul gil” (the joy plant)
EBERS PAPYRUS (1500 BC)
One of mankind's oldest medical documents, describes a remedy to prevent excessive
crying in children using grains of the poppy plant, strained to a pulp, passed through a sieve, and
administered on 4 successive days
HOMER’S NEPENTHES
Similar to laudanum, an opium tincture attributed to Paracelsus in the 16th century. In the
19th century, laudanum was extensively used in adults and children, for numerous indications
(insomnia, cardiac and infectious diseases).
GRIESINGER (1817-1868),
A German psychiatrist, one of the founders of modern psychiatry, recommended the use
of opium in the treatment of melancholia.
HIPPOCRATES
Prescribed the juice of the white poppy plant to cure many illnesses.
19TH CENTURY
 Widespread of Opium in China.
 Opium Trade between China and Portuguese but took over by the British adn established
the Opium Trade Monopoly through British Indies Company.
 Opium War (1840 - Yung Chen)
DERIVATIVES OF OPIUM
MORPHINE (1806)





Discovered by Freiderich W. Seturner (German)
To cure Opium Addicts.
Named after Morpheus, God of Dreams
Its original name was Morphium
“Soldier's Drug”
HEROIN (1896)




Discovered by Alder Wright (British)
“Diacetylmorphine”
Called Miracle Drug / Hero due to its impressive power.
To cure opium and morphine addicts
CODEINE (1832)



Discovered by Pierre Jean Robiquet (French)
Ingredient in Cough Syrup
Least addictive and safest
OTHER OPIOIDS:
1. Methadone
2. Fentanyl
3. Oxycodone
4. Hydrocodone
METHODS OF ADMINISTERING DRUGS
A. ORAL


Safest most convenient and most economical route possible.”
Slower absorption through GI tract.
B. BUCCAL OR SUBLINGUAL
o BUCCAL = placed between the cheek and gum
o SUBLINGUAL = placed under the tongue
o Faster absorption; bypasses GI Tract.
C. PARENTERAL OR INJECTION
 This form offers the fastest response or effect.
 Administration of substance into a muscle or vein
D. INHALATION/ SNORTING
 Administered through the mouth or nose
E. TOPICAL
 Application of drugs directly to a body site such as the skin and the mucous membrane.
F. IONTOPHORESIS
 Introduction of the drugs into the deeper layer of the skin by the use of special type of
electric current for local effect.
MEDICAL USES OF DRUGS
1. Analgesics
“Relieves Pain”
2. Antibiotics
“Combat or control Infections”
3. Antihistamines
“Combat or control Allergies”
4. Contraceptives
“Drugs that prevent meeting of the egg cell and sperm cell to prevent pregnancy.”
5. Decongestants
“Relieves congestion of the Nasal Passage”
6. Expectorants
“Causes expulsion of phlegm and mucus from the lungs or throat areas.”
7. Laxatives
“Stimulates defecation and encourage bowel movement.”
8. Sedatives and Tranquilizers
“Those that calm and quiet the nerves and relieves anxiety.”
9. Vitamins
“Necessary for normal growth and development of the body.”
THE GLOBAL DRUG SCENE
DRUG TRAFFICKING
Known as illegal drug trade
It is a global market activity consisting of production, distribution, packaging and sale of
illegal psychoactive substance.
It includes smuggling across borders and distribution within the demand country.
DRUG SYNDICATE (DRUG CARTEL)
 A group organized and professional criminal with a formal hierarchy of organization set
in illicit drug trade.
 Any organized group of two or more persons forming or joining together with the intention
of committing any offense under RA 9165.
Examples: Medellin, Cali, Sinaloa, Chinese Triad, Yakuza, Sicilian Mafia.
THE MEDELLIN CARTEL
An organized network of drug suppliers and smugglers originating in the city of
Medellin, Colombia. The drug cartel operated throughout the 1970s and 1980s in Bolivia,
Colombia, Honduras and Peru, and the US, as well as in Canada and Europe.
Founders:
1. Pablo Escobar
2. Ochoa Vasquez brothers Jorge Luis Juan David, and Fabio.
By 1993, the highly effective resistance group, Los Pepes (or PEPES), controlled by the
Cali Cartel, and the Colombian government, in collaboration with the Cali Cartel, right-wing
paramilitary groups and the US Government, had successfully dismantled the Medellin Cartel by
imprisoning or assassinating its members.
SINALOA CARTEL
 A multibillion-dollar Mexican Drug Empire.
 Often described as the largest and most powerful drug trafficking organization in the
Western Hemisphere.
LEADERS:



Joaquin “El Chapo”/”Shorty” Guzman
Ismael “El Mayo” Zambada Garcia
Juan Jose “El Azul” Esparragoza Moreno.
WORLD WIDE OUTLOOK
FIRST DRUG TRAFFIC ROUTE
MIDDLES EAST
Discovery, Plantation, Cultivation, Harvest.
TURKEY
Preparation for distribution
EUROPE
Manufacture, Synthesis, and Refinement
UNITED STATES
Marketing and Distribution
SECOND DRUG TRAFFIC ROUTE
1. GOLDEN TRIANGLE

LAOS, THAILAND, AND MYANMAR

Produced 60% opium in the world and 90% of Opium in Eastern Asia

Source of Southeast Asian Heroin.
2. GOLDEN CRESCENT

AFGHANISTAN, PAKISTAN, IRAN, AND INDIA

Major Supplier of MJ, OP, & H in Western Asia
PHILIPPINES
“THE DRUG PARADISE IN ASIA”
Methamphetamine hydrochloride or shabu remains to be the most abused drug in the
country, followed by Marijuana and methelynedioxymethamphetamine or ecstasy (party drug)
Solvents and other inhalants are also a preference and are usually abused by street
children.
THE GREEN GOLD AND THE GOLDEN TRIANGLE
“Benguet, La Union and Ilocos Sur”
The North Golden Triangle are so notorious in cultivating illegal hemp (Green Gold) visà-vis with the towns in the upper Kalinga Bordering Mountain Province where the locals treat
their produce as their main source of livelihood.
DRUG ABUSE
DRUG ABUSE
A level of drug taking that occurs when drug is taken under the circumstances and at a
dose that significantly increases their hazard or potential whether used therapeutically.
STAGES OF DRUG ABUSE
1. Experimental Use
2. Recreational Use
3. Dependent Drug-use
4. Abstinence
WITHDRAWAL SYNDROME
Also known as discontinuation syndrome, occurs in individuals who have developed
physiological dependence on drugs or alcohol and who discontinue or reduce their use of it.
ALCOHOL WITHDRAWAL
Patients have typically abused alcohol on a daily basis for at least 3 months, or they have
consumed large quantities for at least 1 week (ie, binge drinking). Withdrawal symptoms appear
within 6-12 hours after individuals cease or decrease alcohol intake and are usually relieved by
consuming additional alcohol.
The hallmark of alcohol withdrawal is a continuum of signs and symptoms ranging from
simple tremulousness to DELIRIUM TREMENS. The spectrum varies greatly, and symptoms
overlap in time and duration. Therefore, defining a constellation of manifestations ranging from
mild to severe is most clinically useful..
OPIOID WITHDRAWAL
Produces a characteristic syndrome that may resemble viral illness. The syndrome is
characterized by rhinorrhea, sneezing, yawning, lacrimation, abdominal cramping, leg cramping,
piloerection (gooseflesh), nausea, vomiting, diarrhea, mydriasis, myalgia and arthralgia.
STIMULANT (COCAINE AND AMPHETAMINE) WITHDRAWAL, OR WASH-OUT
SYNDROME,
Resembles severe depressive disorder. Manifestations include dysphoria, excessive sleep,
hunger, and severe psychomotor retardation, whereas vital functions are well preserved.
NICOTINE WITHDRAWAL
Nicotine is so powerful that even if you’ve smoked for only a few weeks, you’ll still go
into withdrawal when you quit. Depending on how long you’ve smoked and how many
cigarettes you have a day, symptoms of withdrawal can last anywhere from several days to
several weeks.
Nicotine withdrawal involves physical, mental, and emotional symptoms. The first week,
especially days 3 through 5, is always the worst. That’s when the nicotine has finally cleared out
of your body and you’ll start getting headaches, cravings, and insomnia.
If you can get over that hump, the physical symptoms will start to go away -- but you’ll
still be dealing with mental and emotional challenges such as anxiety, depression, and irritability.
Those will also taper off after a few weeks.
DRUG DEPENDENCE
It is a cluster of physiological, behavioral and cognitive phenomena of variable intensity, in
which the use of psychoactive drug takes on a high priority thereby involving, among others, a
strong desire or a sense of compulsion to take the substance and the difficulties in controlling
substance-taking behavior in terms of its onset, termination or levels of use.
DRUG HABITUATION
A condition resulting from the repeated consumption of a drug.
DRUG ADDICTION
A state of periodic or chronic intoxication produced by the repeated consumption of a drug,
either natural or synthetic.
DRUG MISUSE
A level of drug taking that occurs when a drug is taken or administered under the circumstances
and a dose that significantly increases the hazard to the individual or to others.
WHY DO PEOPLE USE DRUGS?
In some individuals, the onset of drug use can be from untreated psychiatric issues
including anxiety and depression. The rush of pleasure from using drugs can provide temporary
solace from suffering, which can stem from many mental health or other issues
But whatever their reason for starting, once addiction sets in, the disease usually spirals more and
more out of their control.
FACTORS LEADING TO DRUG ABUSE
1. Trauma or abuse
2. Mental illness
3. Low self-esteem
4. Poverty
5. Relationship problems
6. Loss of a loved one
7. Stress
8. Chronic pain or medical conditions.
WHY PEOPLE BECOME SO ADDICTED TO DRUGS?
Not everyone who experiments with drugs becomes an addict. There’s no single factor
that can predict whether someone will become addicted, though there are general social,
biological, and environmental factors that do increase the risk.
BIOLOGY.
Genes, in combination with environmental factors, account for about half of a person’s
addiction vulnerability. Being male, African American, or having a mental illness can also
increase a person’s risk of progressing to addiction.
ENVIRONMENT.
Family, friends, and socioeconomic status have a significant impact on a person’s
likelihood of developing an addiction. Physical and sexual abuse, peer pressure, stress, and
parental guidance can greatly affect the occurrence of substance abuse.
DEVELOPMENT.
Although a person can become an addict at any age, the earlier substance use begins, the
more likely it will escalate to serious addiction.
THE EFFECTS OF DRUG ABUSE
The sad truth is that more deaths, illnesses, and disabilities are caused by substance abuse than
by any other preventable health condition. Prolonged drug dependence interferes with just about
every organ in the human body, and while different drugs have different damaging effects
SIDE EFFECTS:
1. A weakened immune system, increasing the risk of illness and infection
2. Heart conditions ranging from abnormal heart rates to heart attacks and collapsed veins
and blood vessel infections from injected drugs
3. Nausea and abdominal pain, which can also lead to changes in appetite and weight loss
4. Increased strain on the liver, which puts the person at risk of significant liver damage or
liver failure
5. Seizures, stroke, mental confusion and brain damage
6. Lung disease
7. Problems with memory, attention and decision-making, which make daily living more
difficult
DRUG EFFECTS ON BEHAVIOR
1. Paranoia
2. Aggressiveness
3. Hallucinations
4. Addiction
5. Impaired judgment
6. Impulsiveness
7. Loss of self-control
SOCIAL AND ECONOMIC EFFECTS OF DRUGS
1. Loss of employment
2. Relationship loss
3. Incarceration
4. Financial trouble
5. Homelessness
6. Risky sexual behavior
***SHORT-TERM AND LONG-TERM EFFECTS OF DANGEROUS DRUGS (REFER
TO LECTURE)
REPUBLIC ACT 9165
COMPREHENSIVE DANGEROUS DRUGS ACT OF 2002
BACKGROUND:
1. Act 3815 The Revised Penal Code of the Philippines
Title V Articles 190-193 (Crimes Relative to Opium and Other Prohibited Drugs)
2. RA 6425 (DANGEROUS DRUGS ACT OF 1972)
In 1972, the drug problem was just at its incipient stage, with only 20,000 drug
users and marijuana as the top choice among the users in the Philippines. This was the
drug scenario when Republic Act 6425, otherwise known as the “Dangerous Drugs Act
of 1972” was approved on March 30, 1972.
3. RA NO. 9165 COMPREHENSIVE DANGEROUS DRUG DANGEROUS DRUGS
ACT OF 2002
•
Repealed RA No. 6425
•
Limited Applicability
•
The provisions of the Revised Penal Code (Act 3815) shall not apply to the provisions of
RA 9165, except in the case of minor offenders.
•
If the offender is a minor, the penalty for acts punishable by life imprisonment to death
shall be reclusion Perpetua to death.
•
It took effect on June 07, 2002.
The Dangerous Drugs Board
Policy-making and strategy-formulating body on drug prevention and control. It shall under the
Office of the President.
Composition:
A. 17 Members
B. 3 - Permanent Members
C. 12 - Ex-officio capacity
D. 2 - Regular Members
***3 Permanent Members - Appointed by the President.
President - designate a Chairperson.
Chairperson
Rank: Secretary
From: 3 Permanent Members
Tenure: 6 years
***2 Other Permanent Members
Rank: Undersecretary (Both)
Tenure: 4 years and other for 2 years. Thereafter, the persons appointed to succeed
such members shall hold office term of 6 years.
***12 Members (Ex-officio)
a. SEC DOJ
b. SEC DOH
c. SEC Department of National Defense
d. SEC of Department of Finance
e. SEC of DOLE
f. SEC of DILG
g. SEC DSWD
h. SEC SFA
i. SEC DepEd
j. Chairperson of CHED
k. Chairperson of the National Youth Commission
l. DG of the PDEA
***2 Regular Members
a. President of the IBP
b. The chairperson or president of a non-government organization involved in dangerous
drug campaign to be appointed by the President of the Philippines.
***Dir. NBI and Chief PNP - permanent consultants
Philippine Drug Enforcement Agency (PDEA)
“...implementing arm of the Board.”
Head: WILKINS M. VILLANUEVA
Director General
Rank: Undersecretary
**Appointed by the President.
**Assisted with 2 Deputy DG (Operations & Admin)
“...upon recommendation of the Board.”
Qualifications:
He must possess adequate knowledge, training and experience in the field of dangerous drugs,
and in any of the following fields: law enforcement, law, medicine, criminology, psychology or
social work.
SALIENT FEATURES OF RA 9165
1. It increases the range of penalties;
2. It lowers the number of grams from 200 to 10 in order to make the offense of possession
bailable;
3. It provides for a more comprehensive classification of DDs including, inter alia, the category
of CPECs in the preparations of DDs;
4. It denies the applicability of the rules on plea bargaining (REPEALED)
5. It makes the Probation Law inapplicable (General Rule)
6. It imposes the maximum penalties on members of the LEAs found guilty of planting of
evidence;
7. It imposes the maximum penalties on LEs and GOEs involved in illegal drug which also
include penalties on members of LEAs who refused to testify on DD cases where they are
instrumental in the arrest;
8. It incorporates immunity from prosecution giving the DDB a more active participation in
formulating policies not only in combating illegal drugs but in rehabilitating drug dependents
and reintegrating them in society as productive citizens;
9. It creates the PDEA as the implementing arm of the DDB;
10. It centralizes in the PDEA all operating units of existing LEAs involved in the campaign
against illegal drugs.
DECLARATION OF POLICY
It is the policy of the State to safeguard the integrity of its territory and the well-being of its
citizenry particularly the youth, from the harmful effects of dangerous drugs on their physical
and mental well-being, and to defend the same against acts or omissions detrimental to their
development and preservation. In view of the foregoing, the State needs to enhance further the
efficacy of the law against dangerous drugs, it being one of today's more serious social ills.
Toward this end, the government shall pursue an intensive and unrelenting campaign against the
trafficking and use of dangerous drugs and other similar substances through an integrated system
of planning, implementation and enforcement of anti-drug abuse policies, programs, and
projects. The government shall however aim to achieve a balance in the national drug control
program so that people with legitimate medical needs are not prevented from being treated with
adequate amounts of appropriate medications, which include the use of dangerous drugs.
It is further declared the policy of the State to provide effective mechanisms or measures to reintegrate into society individuals who have fallen victims to drug abuse or dangerous drug
dependence through sustainable programs of treatment and rehabilitation.
UNLAWFUL ACTS AND PENALTIES
Q: X, a basketball player knowingly placed a sachet of Shabu in his right shoe for luck. Did X
violate any provision of RA 9165?
A: YES. Section 11, Article II. Possession of Dangerous Drugs.
QUANTITY
10g or more of opium, morphine, heroin,
cocaine or cocaine hydrochloride, MDMA,
PMA, TMA, LSD GHB.
10g or more of MJ resin or MJ resin oil
PENALTY
LI to Death
&
Fine:
500k to 10M
50g or more of shabu
500g of MJ
QUANTITY
Less than 5g of those
abovementioned including those
similarly designed or newly
introduced drugs and their derivatives,
without having any therapeutic value
or is the quantity possessed in far
beyond the therapeutic requirements.
Less than 300g of Marijuana
PENALTY
12 years and 1 day to 20 years
&
Fine: 300k to 400k
Section 13, Possession of Dangerous Drugs during Parties, Social Gatherings or Meetings
Any person found in possession of any dangerous drugs during a party, or at a social gathering or
meeting or in the proximate company of at least 2 persons, shall suffer the maximum penalties
(LI to Death & Fine 500k to 10M) provided for in Section 11 of this Act, regardless of the
quantity and purity of such dangerous drugs.
THINGS TO CONSIDER:
DANGEROUS DRUGS
Include those listed in the Schedules annexed to the 1961 Single Convention on Narcotic
Drugs, as amended by the 1972 Protocol, and in the Schedules annexed to the 1971 Single
Convention on Psychotropic Substances as enumerated in the attached annex which is an integral
part of this Act. [Sec. 3 (j)]
THE CONCEPT OF POSSESSION
It could either be physical possession or constructive possession where the possessor
exercises control and dominion over a thing.
“In order to establish constructive possession, the prosecution must prove that the
accused has dominion or control on either the substance or the premises where found. The
burden of evidence is shifted to the accused to explain the absence of animus possidendi”
(People vs. Eliza Buan, G.R. No. 168773, October 27, 2006).
Criminal intent is not essential in crimes mala prohibita like RA 9165, however, the
prosecution must prove that the accused had the intent to possess (animus posidendi) the drugs.
“Mere possession of drug per se constitutes prima facie evidence of knowledge of animus
possidendi sufficient to convict the accused absent a satisfactory explanation of such possession.
The onus probandi is shifted to the accused to explain the absence of knowledge or animus
possidendi.” (People vs. Joselito Gomez, G.R. No. 175319, January 15, 2010)
THE ELEMENTS OF THE CRIME OF ILLEGAL POSSESSION OF DANGEROUS
DRUGS ARE AS FOLLOW:
1. The accused was in possession of DDs;
2. The accused fully and consciously aware of being in possession of the regulated drug;
and
3. The accused had no legal authority to possess the regulated drug. Possession may be
actual or constructive (People vs. Eliza Buan, G.R. No. 168773, October 27, 2006;
People vs. Lourderico Darisan and Pilar Gauang, G.R. No. 176151, January 30, 2009).
The accused may be charged and convicted for as many violations under the law, “(It) does
not prescribed a single punishment for illegal possession of shabu and marijuana committed at
the same time and in the same place. The prosecution would be correct in filing two separate
informations for the crimes of illegal possession of shabu and illegal possession of MJ.”
SECTION 66.
SUSPENSION OF SENTENCE OF A FIRST-TIME MINOR OFFENDER
An accused who is over fifteen (15) years of age at the time of the commission of the offense
mentioned in Section 11 of the Act, but not more than eighteen (18) years of age at the time
when judgment should have been promulgated after having been found guilty of said offense,
may be given the benefits of a suspended sentence, subject to the following conditions:
CONDITIONS:
(a) He/she has not been previously convicted of violating any provision of the Act, or of
the Dangerous Drugs Act of 1972, as amended; or of the Revised Penal Code; or of
any special penal laws;
(b) He/she has not been previously committed to a Center or to the care of a DOHaccredited physician; and
(c) The Board favorably recommends that his/her sentence be suspended.
Q:
X, a student of Ateneo de Baak Main Campus, smoked 500g of Marijuana to be able to
forget his sad reality that he will be single for eternity. Can X be held liable under RA 9165?
A:
YES. Section 15, Article II. Use of Dangerous Drugs
SECTION 15. USE OF DANGEROUS DRUGS
Any person apprehended or arrested who is found to be positive for use of any dangerous
drugs, after a confirmatory test shall be imposed a penalty of –
FIRST OFFENSE
Minimum of 6 months
rehabilitation in the
government center.
SECOND OFFENSE
6 years and 1 day to 12
years
&
Fine:
50k to 200k
Provided, that this Section shall not be applicable where the person tested is also found to
have in his/her possession such quantity of any Dangerous Drugs provided for under Section 11
of this Act, in which case provisions stated therein shall apply.
THINGS OF CONSIDER
“USE”
Means any act of injecting, intravenously or intramuscularly, of consuming, either by
chewing, smoking, sniffing, eating, swallowing, drinking or otherwise introducing into the
physiological system of the body, and of the dangerous drugs [Sec. 3 (kk)].
DRUG DEPENDENCE
A cluster of physiological, behavioral and cognitive phenomena of variable intensity, in
which the use of psychoactive drug takes on a high priority thereby involving, among others, a
strong desire or a sense of compulsion to take the substance and the difficulties in controlling
substance-taking behavior in terms of its onset, termination, or levels of use [Sec. 3 (n)].
SCREENING TEST
Refers to a test to eliminate negative specimen from further consideration and to identify
the presumptively positive specimen that requires confirmatory testing.
CONFIRMATORY TEST
Refers to the analytical procedure to identify and quantify the presence of a specific drug
or metabolite, which is independent of the initial test and which uses a different technique and
chemical principle from that of the screening test in order to ensure reliability and accuracy.
SECTION 15 IN RELATION TO SECTION 25
SECTION 25.
QUALIFYING AGGRAVATING CIRCUMSTANCES IN THE COMMISSION OF A
CRIME BY AN OFFENDER UNDER THE INFLUENCE OF DANGEROUS DRUGS.
Notwithstanding the provisions of any law to the contrary, a positive finding for the use of
dangerous drugs shall be a qualifying aggravating circumstance in the commission of a crime by
an offender, and the application of the penalty provided for in the Revised Penal Code shall be
applicable.
SECTION 15 IN RELATION TO SECTION 36
SECTION 36. AUTHORIZED DRUG TESTING
Authorized drug testing shall be done by any government forensic laboratories or by any
of the drug testing laboratories accredited and monitored by the DOH to safeguard the
quality of test results. The DOH shall take steps in setting the price of the drug test with
DOH accredited drug testing centers to further reduce the cost of such drug test.
The drug testing shall employ, among others, two (2) testing methods, the screening test
which will determine the positive result as well as the type of the drug used and the
confirmatory test which will confirm a positive screening test. Drug test certificates
issued by accredited drug testing centers shall be valid for a one-year period from the
date of issue which may be used for other purposes.
DRUG TESTINGS
A. APPLICANTS FOR DRIVER’S LICENSE
No driver's license shall be issued or renewed to any person unless he/she presents
a certification that he/she has undergone a mandatory drug test and indicating thereon
that he/she is free from the use of dangerous drugs;
RA 10586
ANTI-DRUNK AND DRUGGED DRIVING ACT OF 2013.


Revokes Section 36(a) of RA 9165 which mandates the mandatory drug testing
for applicants of driver’s license.
The drug testing will only be conducted for those driving under the influence as
determined by LEA based on certain manifestations, like over-speeding, weaving,
lane straddling, swerving and others.
B. APPLICANTS FOR FIREARM'S LICENSE AND FOR PERMIT TO CARRY
FIREARMS OUTSIDE OF RESIDENCE.
All applicants for firearm's license and permit to carry firearms outside of
residence shall undergo a mandatory drug test to ensure that they are free from the use
of dangerous drugs: Provided, That all persons who by the nature of their profession
carry firearms shall undergo drug testing;
C. STUDENTS OF SECONDARY AND TERTIARY SCHOOLS.
Students of secondary and tertiary schools shall, pursuant to the related rules and
regulations as contained in the school's student handbook and with notice to the parents,
undergo a random drug testing: Provided, That all drug testing expenses whether in
public or private schools under this Section will be borne by the government;
“xxx for secondary and tertiary level students xxx while mandatory, is a
random and suspicionless arrangement.” (SJS vs. DDB and PDEA, G.R. No. 157870,
November 3, 2008; Atty. Manuel Laserna vs. DDB and PDEA, G.R. No. 158633,
November 3, 2008).
D. OFFICERS AND EMPLOYEES OF PUBLIC AND PRIVATE OFFICES.
Officers and employees of public and private offices, whether domestic or
overseas, shall be subjected to undergo a random drug test as contained in the
company's work rules and regulations, which shall be borne by the employer, for
purposes of reducing the risk in the workplace. Any officer or employee found positive
for use of dangerous drugs shall be dealt with administratively which shall be a ground
for suspension or termination, subject to the provisions of Article 282 of the Labor Code
and pertinent provisions of the Civil Service Law;
“The drug test [for] public and private employees, while mandatory, is a
random and suspicionless arrangement.” (SJS vs. DDB and PDEA, G.R. No. 157870,
November 3, 2008; Atty. Manuel Laserna vs. DDB and PDEA, G.R. No. 158633,
November 3, 2008).
E. OFFICERS AND MEMBERS OF THE MILITARY, POLICE AND OTHER LAW
ENFORCEMENT AGENCIES.
Officers and members of the military, police and other law enforcement agencies
shall undergo an annual mandatory drug test;
F. All persons charged before the prosecutor's office with a criminal offense having an
imposable penalty of imprisonment of not less than six (6) years and one (1) day
shall have to undergo a mandatory drug test; and
“To impose mandatory drug testing on the accused is a blatant attempt to harness
a medical test as a tool for criminal prosecution, contrary to the stated objectives of RA
9165. Drug testing in this case would violate a persons' right to privacy guaranteed under
Sec. 2, Art. III of the Constitution. Worse still, the accused persons are veritably forced to
incriminate themselves” (SJS vs. DDB and PDEA, G.R. No. 157870, November 3, 2008;
Atty. Manuel Laserna vs. DDB and PDEA, G.R. No. 158633, November 3, 2008).
G. ALL CANDIDATES FOR PUBLIC OFFICE WHETHER APPOINTED OR
ELECTED BOTH IN THE NATIONAL OR LOCAL GOVERNMENT SHALL
UNDERGO A MANDATORY DRUG TEST.
“Pimentel's contention is well-taken. Accordingly, Sec. 36(g) of RA 9165 should
be, as it is hereby declared as, unconstitutional.” (Aquilino Pimentel Jr vs COMELEC,
G.R. No. 161658, November 3, 2008).
In addition to the above stated penalties in this Section, those found to be positive
for dangerous drugs use shall be subject to the provisions of Section 15 of this Act.
Aquilino Pimentel Jr vs COMELEC, G.R. No. 161658, November 3, 2008
Section 36 (g) of RA 9165, requiring all candidates for public office whether
appointed or elected both in the national or local government undergo a mandatory drug
test is UNCONSITUTIONAL. Under Sec.3, Art. VI of the Constitution, an aspiring
candidate for Senator needs only to meet 5 qualifications: (1) citizenship, (2) voter
registration, (3) literacy, (4) age, and (5) residency. The Congress cannot validly amend
or otherwise modify these qualification standards, as it cannot disregard, evade, or
weaken the force of a constitutional mandate, or alter or enlarge the Constitution. It is
basic that if a law or an administrative rule violates any norm of the Constitution, that
issuance is null and void and has no effect.
SECTION 68.
PRIVILEGE OF SUSPENDED SENTENCE TO BE AVAILED OF ONLY ONCE
BY A FIRST-TIME MINOR OFFENDER.
The privilege of suspended sentence shall be availed of only once by an accused
drug dependent who is a first-time offender over fifteen (15) years of age at the time of
the commission of the violation of Section 15 of the Act but not more than eighteen (18)
years of age at the time when judgment should have been promulgated.
SECTION 70.
PROBATION OR COMMUNITY FOR A FIRST-TIME MINOR OFFENDER IN
LIEU OF IMPRISONMENT.
Upon promulgation of the sentence, the court may, in its discretion, place the
accused under probation, even if the sentence provided under the Act is higher than that
provided under existing law on probation, or impose community service in lieu of
imprisonment.
The community service shall be complied with under conditions, time and place
as may be determined by the court in its discretion and upon the recommendation of the
Board and shall apply only to violators of Section 15 of the Act.
If the sentence promulgated by the court requires imprisonment, the period spent
in the Center by the accused during the suspended sentence period shall be deducted from
the sentence to be served.
SECTION 71.
RECORDS TO BE KEPT BY THE DEPARTMENT OF JUSTICE.
The DOJ shall keep a confidential record of the proceedings on suspension of
sentence and shall not be used for any purpose other than to determine whether or not a
person accused under the Act is a first-time minor offender.
TREATMENT AND REHABILITATION OF DRUG DEPENDENTS
According to the Dangerous Drug Board, a drug user has to go through the Drug
Dependency Examination conducted by an accredited physician.
The examination determines the level of a person’s drug use:
1.
2.
3.
4.
5.
Experimenter
Social Recreational User
Habitual User
Drug Abuser; and
Drug Dependent
While individuals falling under levels 1 to 3 can be treated in out-patient centers where
they can undergo counseling, those found to be on the 4th and 5th levels have to be admitted in
residential treatment and rehabilitation centers (TRCs).
BRIGADES OF HOPE
Situated at the end of a road in Quezon City, Bridges of Hope, a big white house, does
not look like a temporary home of people suffering from drug addiction.
It is one of 28 privately-managed residential TRCs that can accommodate 20 individuals
at a time with separate wings for males and females. The residents’ ages range from 15 to
65.
COMMUNITY-BASED DRUG REHABILITATION
It Is an integrated model for helping drug users with mild severity of addiction. It
includes a continuum of care from outreach and low-threshold services through active
coordination via a number of health, social, and other non-specialist services to meet the
needs of clients.
VOLUNTARY AND COMPULSORY CONFINEMENT
VOLUNTARY SUBMISSION PROGRAM (SECTION 54)
WHO MAY UNDERGO SUCH PROGRAM?
A: Any drug dependent or any person who violates Section 15.
WHO MAY APPLY TO THE BOARD FOR SUCH PROGRAM?
A: The drug offender himself/herself or through his/her parent, spouse, guardian, or
relative within the fourth degree of consanguinity or affinity.
Upon such application, the Board shall bring forth the matter to the Court which shall
order that the applicant be examined for drug dependency.
WHAT HAPPENS IF THE OFFENDER IS FOUND BY THE DOH-ACCEREDITED
PHYSICIAN TO BE A DRUG DEPENDENT?
The Court shall then order him/her to undergo treatment and rehabilitation in a Center
designated by the Board.
WHAT IS THE DURATION OF THE TREATMENT AND REHABILITATION OF THE
DRUG DEPENDENT?
It shall not be less than 6 months but not to exceed 1 year.
WHAT HAPPENS AFTER 1 YEAR?
The Court, as well as the Board, shall be apprised by the head of the treatment and
rehabilitation center of the status of said drug dependent and determine whether further
confinement will be for the welfare of the drug dependent and his/her family or the
community.
WHAT IS THE VENUE OF THE TREATMENT AND REHABILITATION PROGRAM?
CENTERS
Any of the treatment and rehabilitation centers which undertake the treatment,
after-care and follow-up treatment of drug dependents (Sec. 75).
It includes institutions, agencies, and the like whose purposes are: the
development of skills, arts, and technical know-how; counseling, and/or inculcating civic,
social and moral values to drug patients, with the aim of weaning them away from DD
and keeping them drug-free, adapted to their families and peers, and readjusted into the
community as law abiding, useful and productive citizens.
A DRUG DEPENDENT MAY BE PLACED UNDER THE CARE OF A DOHACCREDITED PHYSICIAN WHEN:
•
•
•
No center near or accessible to the residence of the drug dependent; or
Drug offender is below 18 years old and is a first time offender.
Non-confinement in a Center will not pose a serious danger to his/her family or
community.
SECTION 55.
EXEMPTION FROM THE CRIMINAL LIABILITY UNDER THE VOLUNTARY
SUBMISSION PROGRAM
A drug dependent under the voluntary submission program, who is finally discharged
from confinement, shall be exempt from the criminal liability under Section 15 of this
Act
CONDITIONS:
a. Complied with the rule and regulations of the Center, the applicable rules and
regulations of the Board, including the after-care and follow-up program for at least 18
months following temporary discharge from confinement in the Center or, in the case of a
drug dependent place under the care of the DOH-accredited physician, the after-care
program and follow-up schedule formulated by the DSWD and approved by the Board.
b. He/she has never been charged or convicted of any offense punishable under the Act,
RA 6425; the RPC; or any special penal laws.
c. He/she has no record of escape from a Center: provided, that had she/he surrendered by
himself/herself or through his/her parent, spouse, guardian or relative within the fourth
degree of consanguinity or affinity, within one (1) week from the date of the said escape;
and
d. He/she poses no serious danger to himself/herself, his family or the community by his
exemption from criminal liability.
SECTION 56.
TEMPORARY RELEASE FROM THE CENTER; AFTER-CARE AND
FOLLOW-UP TREATMENT UNDER THE VOLUNTARY SUBMISSION
PROGRAM.
•
•
Upon certification of the Center
The Court shall order his/her release on condition:
He shall report to the DOH for after-care and follow-up treatment, including urine
testing, for a period not exceeding 18 months under such terms and conditions that the
court may impose.
If during the period or after-care and follow-up, the drug dependent is certified to
be rehabilitated he may be discharged by the court, subject to the provisions of Section 55
of this Act, without prejudice to the outcome of any pending case filed in court.
However, should the DOH find that during the initial after-care and follow-up
program of eighteen (18) months, the drug dependent requires further treatment and
rehabilitation in the Center, he/she shall be recommitted to the Center for confinement.
Thereafter, he/she may again be certified for temporary release and ordered released for
another after-care and follow-up program pursuant to this Section.
SECTION 57.
PROBATION AND COMMUNITY SERVICE UNDER THE VOLUNTARY
SUBMISSION PROGRAM
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 the Act, may be charged under the provisions of the
Act, but shall be placed on probation and undergo 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 non-government, civic
organizations accredited by the DSWD, with the recommendation of the Board.
SECTION 58.
FILING OF CHARGES AGAINST A DRUG DEPENDENT WHO IS NOT
REHABILITATED UNDER THE VOLUNTARY SUBMISSION PROGRAM FOR
VIOLATION OF SECTION 15 OF THIS ACT AND PROSECUTED LIKE ANY
OTHER OFFENDER
A drug dependent who is not rehabilitated after the second commitment to the Center
under VSP:
•
•
Charged with violation of Section 15 and prosecuted like any other offender.
If convicted, he/she shall be credited for the period of confinement and rehabilitation in
the Center in the service of sentence.
SECTION 59.
ESCAPE AND RECOMMITMENT FOR CONFINEMENT AND
REHABILITATION UNDER THE VOLUNTARY SUBMISSION PROGRAM
1. First Escape
May submit within 1 week therefrom by himself/herself, or his/her parent, spouse,
guardian or relative within the fourth degree of consanguinity or affinity.
2. Failed to submit or surrendered
• The Board shall apply to the court for recommitment order.
• The court may issue an order for recommitment within 1 week.
3. Second Escape (subsequent to a recommitment)
 Be charged with violation of Section 15.
 Be subjected under Compulsory Confinement.
SECTION 60.
Confidentiality of Records under the Voluntary Submission Program shall not be
used against him for any purpose.
Judicial and medical records of drug dependents under the voluntary submission program
shall be confidential and shall not be used against him/her 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.
EXCEPT:
• The drug dependent is not exempt from criminal liability
• When he is not rehabilitated under the VSP
•
When he escapes again from confinement after recommitment.
SECTION 61.
COMPULSORY CONFINEMENT OF A DRUG DEPENDENT WHO REFUSES
TO APPLY UNDER THE VSP.
Where to file?
RTC of the province or city where such person is found.
SECTION 62.
COMPULSORY SUBMISSION OF A DRUG DEPENDENT CHARGED WITH
AN OFFENSE TO TREATMENT AND REHABILITATION
If a person charged with an offense where the imposable penalty is imprisonment
of less than 6 years and 1 day and is found by the prosecutor or the court as the case as
may be, shall suspended all further proceedings and transmit copies of the record of the
case to the Board.
If committed - the head of the Center shall submit to the court every 4 months or
as often as the court may require, a written report on the progress of the treatment.
BENEFITS IF THE DRUG DEPENDENT IS REHABILITATED:
In case of conviction, the judgment shall, if the accused is certified to have
maintained good behavior, he shall be given full credit for the period he was confined in
the Center.
If the offense is violation for Section 15 (USE) and the accused is not a recidivist,
the penalty thereof shall be deemed to have been served in the Center upon his release
and certification by the Center and the Board that he is rehabilitated.
SECTION 63
PRESCRIPTION OF THE OFFENSE CHARGED AGAINST A DRUG
DEPENDENT UNDER THE CSP
Prescription of the offense charged shall not run during the drug dependent is under
confinement in a Center or otherwise under the treatment and rehabilitation approved by
the Board.
SECTION 64
CONFIDENTIALITY OF RECORDS UNDER THE COMPULSORY
SUBMISSION PROGRAM
The records of a drug dependent who was rehabilitated and discharged from the Center
under the compulsory submission program, or who was charged with violation of Section
15 of the Act, shall be covered by Section 60 of the Act. However, the records of a drug
dependent who was not rehabilitated, or who escaped but did not surrender
himself/herself within the prescribed period, shall be forwarded to the court and their use
shall be determined by the court, taking into consideration public interest and the welfare
of the drug dependent.
SECTION 72.
LIABILITY OF A PERSON WHO VIOLATES THE CONFIDENTIALITY OF
RECORDS.
The penalty of imprisonment ranging from six (6) months and one (1) day to six (6) years
and a fine ranging from One thousand pesos (P1,000.00) to Six thousand pesos
(P6,000.00), shall be imposed upon any person who, having official custody of or access
to the confidential records of any drug dependent under voluntary submission programs,
or anyone who, having gained possession of said records, whether lawfully or not, reveals
their content to any person other than those charged with the prosecution of the offenses
under the Act and its implementation.
The maximum penalty shall be imposed, in addition to absolute perpetual
disqualification from any public office, when the offender is a government official or
employee. Should the records be used for unlawful purposes, such as blackmail of the
drug dependent or the members of his/her family, the penalty imposed for the crime of
violation of confidentiality shall be in addition to whatever crime he/she may be
convicted of.
SECTION 5.
SALE, TRADING, ADMINISTRATION, DISPENSATION, DELIVERY,
DISTRIBUTION AND TRANSPORTATION OF DANGEROUS DRUGS AND
CPEC
UNLAWFUL ACT
Sale, Trading, Administration,
Dispensation, Delivery, Distribution
and Transportation of Dangerous
Drugs and CPEC
 Within 100m from the school
 Use of minors or mentally
incapacitated as mules.
 Drugs as proximate cause of the death
of a minor or mentally incapacitated
person.
PENALTY
DD - Maximum Penalty
CPEC - 12 years & 1 day
to 20 years.
Fine: P100k to P500k
Maximum Penalty
ORGANIZERS, MANAGERS OR FINANCIERS
MAXIMUM PENALTY
PROTECTOR OR CODDLER
The penalty of 12 years and 1 day to 20 years of imprisonment and a fine ranging from
P100k to P500k
BUY-BUST OPERATION
Buy-bust operation, considered as a form of entrapment, is a valid means of arresting
violators of Republic Act No. 9165. It is an effective way of apprehending law offenders
in the act of committing a crime. In a buy-bust operation, the idea to commit a crime
originates from the offender, without anybody inducing or prodding him to commit the
offense (THE PEOPLE OF THE PHILIPPINES vs. NOEL BARTOLOME y BAJO,
G.R. No 191726, February 06, 2013).
•
•
To guide the LEAs, “the successful prosecution of offenses involving the illegal
sale of drugs under Sec. 5, Article II of R.A. No. 9165, the following elements must be
proven:
The identity of the buyer and seller, the object and consideration; and
The delivery of the thing sold and the payment therefor.
In other words, there is a need to establish beyond reasonable doubt that the
accused actually sold and delivered a prohibited drug to another, and that the former
indeed knew that what he had sold and delivered to the latter was a prohibited drug.
What is material to the prosecution for illegal sale of dangerous drugs is the proof
that the transaction or sale actually took place, plus the presentation in court of corpus
delicti as evidence” (PEOPLE OF THE PHILIPPINES vs. BRIAN MERCADO, G.R.
No. 207988, March 11, 2015).
However, “the presentation in evidence of the “buy-bust” money is not
indispensable for the conviction of an accused provided that the sale of marijuana is
adequately proven by the prosecution” (People vs. Pascual, 208 SCRA 393).
Also, “the absence of surveillance or test buy prior to the buy-bust operation
xxx is not a prerequisite for the validity of an entrapment operation. This issue in the
prosecution of illegal drugs cases, again, has long been settled by this Court. We have
been consistent in our ruling that prior surveillance is not required for a valid buy-bust
operation, especially if the buy-bust team is accompanied to the target area by their
informant” (People vs. Benedict Homacky Lucio, G.R. No. 191391, June 19, 2013).
6. Finally, “the strict compliance of the requirements to establish chain of custody under
Sec. 21 of R.A. No. 9165 , may be “disregarded” (People vs. Benedict Homacky Lucio,
G.R. No. 191391, June 19, 2013), provided, “the integrity and evidentiary value of the
seized items can be shown to have been preserved” (People vs. Ronaldo De Guzman,
G.R. No. 186498, March 26, 2010).
Inconsistencies in the testimonies of the buy-bust team “with respect to minor
details and collateral matters do not affect the substance of their declaration nor the
veracity or weight of their testimony. In fact, these minor inconsistencies enhance the
credibility of the witnesses, for they remove any suspicion that their testimonies were
contrived or rehearsed” (People vs. Benedict Homacky Lucio, G.R. No. 191391, June
19, 2013).
People vs. Benedict Homacky Lucio,
G.R. No. 191391, June 19, 2013,
Elements of Sections 5 and 11 in a buy-bust operations, where the court in affirming
the rulings of the RTC and CA“In illegal sale, what the prosecution needs to present is proof that a transaction
or sale actually took place, coupled with the presentation in court of evidence of the
corpus delicti. The commission of illegal sale merely requires the consummation of the
selling transaction, which happens the moment the buyer receives the drug from the
seller. As long as the police officer went through the operation as a buyer, whose offer
was accepted by appellant, followed by the delivery of the dangerous drugs to the former,
the crime is already consummated. In this case, the prosecution has amply proven all the
elements of the drugs sale with moral certainty”
“[O]n illegal possession, there [was] a showing that (1) the accused [was] in
possession of an item or object which [was] identified to be a prohibited drug; (2) such
possession [was] not authorized by law; and (3) the accused freely and consciously
possessed the drug”
OTHER UNLAWFUL ACTS AND PENALTIES
UNLAWFUL ACT
Maintenance of a Den, Dive or
Resort
DD is administered, delivered or
sold to minor who is allowed to use
the same in such place.
PENALTY
DD - Maximum Penalty
CPEC - 12 years & 1 day to
20 years
&
Fine: P100k to P500k
Maximum Penalty
DD be the proximate cause of the
death of person using the same in
such den, dive or resort (against,
manager, owner or operator)
Death
&
Fine : P1M to P15M
Employees and Visitors of a Den,
Dive or Resort:
a. An employee, who is aware of
the nature of the place as such;
and
b. Any person, aware of the
nature of the place and shall
knowingly visit the same.
12 years and 1 day
to
20 years
&
Fine: P100K to P500K
Manufacture of DD and/or CPECs.
“The presence of any CPECs or
laboratory equipment in the
clandestine laboratory is a prima
facie proof of manufacture of any
DD.”
DD - Maximum Penalty
CPEC - 12 years and 1 day
to
20 years
Fine: P100K to P500K
The following are aggravating circumstances if the clandestine is laboratory is
undertaken or established:
a) Any phase of manufacturing process was conducted in the presence or with the help of
minor/s.
b) Undetaken within 100m of a residential, business, church or school premises.
c) Any CL secured or protected with booby traps.
d) Any CL concealed with legitimate business operations;
e) Any employment of a practitioner, chemical engineer, public official or foreigner.
UNLAWFUL ACT
Manufacture or Delivery of
Equipment, Instrument, Apparatus
and other Paraphernalia for DD
and/or CPECs.
PENALTY
12 years and 1 day
to
20 years
Fine:
P100K to P500K
“... deliver, possess with intent to deliver, or
manufacture with intent to deliver
equipment, instrument, apparatus, and other
paraphernalia for dangerous drugs..
knowing or under circumstances where one
reasonably should know, that it will be used
to plant, propagate, cultivate, grow, harvest,
manufacture, compound, convert, produce,
process, prepare, test analyze, pack, repack
store, contain or conceal any DD or
CPECs.”
“... if it will be used to inject, ingest,
inhale, or otherwise introduce into
the human body a DD.”
6 months and 1 day
to
4 years
Fine: P10K to P50K
Use of minor or mentally
incapacitated individual to deliver
such equipment, instrument,
apparatus and other paraphernalia.
Maximum Penalty
Cultivation or Culture of Plants
Classified as DD or are Sources
Thereof.
“... Can prove lack of knowledge of
such cultivation or culture despite
the exercise of due diligence on
his/her part.”
LI to Death
P500K to P10M
Unnecessary Prescription of
Dangerous Drugs
“To a person who does not
require its use or in the dosage
prescribed therein
12 years and 1 day
to
20 years
P100K to P500K
Revocation of License.
Unlawful Prescription of
Dangerous Drugs.
“... shall make or issue a
prescription or any other writing
purporting to be a prescription
for any dangerous drug.”
LI to Death
P500K to P10M
Attempt or Conspiracy:
a. Importation
b. Sale...
c. Maintenance of D/D/R
d. Manufacture
e. Cultivation
Same penalty shall apply
PLANTING OF EVIDENCE
Any person who is found guilty of planting any DD or CPECs, regardless of
quantity and purity, shall suffer the penalty of DEATH.
OFFENDER IS AN ALIEN
Penalties Prescribed + Deported Immediately after service of sentence.
Unless the penalty is DEATH...
IMMUNITY FROM PROSECUTION AND PUNISHMENT
Requirements:
a.
b.
c.
d.
e.
f.
g.
h.
Testimony necessary for the conviction
Info and Testimony are not yet in possession of the State
Can be corroborated on its material points.
Not have been previously convicted of a crime involving moral turpitude, except
no other direct evid.
Witness shall comply without delay any condition or undertaking, reduced in
writing, imposed by the State.
Does not appear to be the most guilty.
Violated Sec. 7, 11, 12, 14, 15 and 19.
Gives information about Sec. 4, 5, 6, 8, 10, 12 and 16 as well as those committed
by drug syndicate.
JURISDICTION OVER DANGEROUS DRUGS CASES
Regional Trial Court
(Drug Court)
“Exclusive and Original Jurisdiction”
CONFISCATION AND FORFEITURE
If the forfeited property is a vehicle, the same shall be auctioned off not later than
5 days upon order of confiscation or forfeiture.
During the pendency of the case, no property, or income derived therefrom,
which may be confiscated and forfeited, shall be disposed, alienated, or transferred and
the same shall be in “custodia legis” and no bond shall be admitted for the release of the
same.
Proceeds of any sale or disposition of any property confiscated or forfeited - be
used to pay all proper expenses (confiscation, forfeiture, custody and maintenance of the
property; publication and court costs).
Excess - used in Campaign against Illegal Drugs
Accessory Penalties
a. Parental Authority or guardianship.
b. Dispose Property or conveyance inter vivos
c. Political Rights, to vote and be voted for.
SECTION 22.
GRANT OF COMPENSATION, REWARD AND AWARD.
The Board shall recommend to the concerned government agency the grant of
compensation, reward and award to any person providing information and to law
enforcers participating in the operation, which results in the successful confiscation,
seizure or surrender of dangerous drugs, plant sources of dangerous drugs, and controlled
precursors and essential chemicals
.
There is a program under Board Regulation No. 1 Series of 2005 granting cash rewards to
informant under the Operation: Private Eye
SECTION 21
CUSTODY AND DISPOSITION OF CONFISCATED, SEIZED AND/OR
SURRENDERED DANGEROUS DRUGS, PLANT SOURCES OF DANGEROUS
DRUGS, CPECS, INSTRUMENTS/ PARAPHERNALIAS AND/OR
LABORATORY EQUIPMENT.
REPUBLIC ACT 10640
AMENDED SECTION 21 OF REPUBLIC ACT NO. 9165.
CHAIN OF CUSTODY
Refers to the order in which items of evidence have been handled during the
investigation of a case.
PDEA shall take charge and have custody.
STEPS:
1. Seizure and Confiscation
2. Conduct Physical Inventory and Photograph
In the presence of the:
Accused, persons from whom such items were confiscated, or his/her
representative or counsel, with an elected public official and a representative of the
National Prosecution Service or media who shall be require to sign the copies of the
inventory and be given a copy thereof.
Physical Inventory and photograph shall be conducted:
a. At the place where the search warrant is served; or
b. At the nearest police station; or At the nearest office of the apprehending
officer/team, whichever is practicable, in case of warrantless seizures.
Noncompliance of these requirements under justifiable grounds, as long as the
integrity and evidentiary values of the seized items are properly preserved by the
apprehending officer/team, shall not render void and invalid such seizures and custody
over said items.
3. Within 24 hours upon confiscation/seizure - it shall be submitted to the PDEA
Forensic Laboratory for qualitative and quantitative examination.
4. Certification of the forensic laboratory examination results by the forensic
laboratory examiner, shall be issued immediately upon the receipt of the subject items.
Volume of DD - can't be completed; a partial laboratory examination shall be
issued.
Provided, however, that a final certification shall be issued immediately upon
completion.
5. After the filing of the criminal case, shall within 72 hours, conduct and ocular
inspection.
Then, through the PDEA shall, within 24 hours, proceed with the destruction or
burning of the same in the presence of the persons abovementioned.
...that a “representative sample,” duly weighed and recorded is obtained.
6. The Board shall then issue a sworn certification as to the fact of destruction or burning
of the subject item/s, which together with the representative sample/s in the custody of
the PDEA, shall be submitted to the court having jurisdiction over the case.
In cases, no person is apprehended and no criminal case is filed, PDEA may order
the immediate destruction or burning of the DD or CPEcs.
7. After promulgation and judgment in the criminal case wherein the “representative
sample/s” was presented as evidence in court, the trial court shall inform the Board of the
final termination and shall in turn, with leave of court turn over the sample to the PDEA
for proper disposition and destruction within 24 hours from receipt of the same.
PROBATION
SECTION 24
NON-APPLICABILITY OF THE PROBATION LAW FOR DRUG
TRAFFICKERS AND PUSHERS.
Any person convicted of drug trafficking or pushing under the Act, regardless of the
penalty imposed by the court, cannot avail of the privilege granted by the Probation Law
or Presidential Decree No. 968, as amended.
PLEA BARGAINING IN DRUG CASES
SECTION 23.
PLEA-BARGAINING PROVISION.
Any person charged under any provision of the Act regardless of the imposable penalty
shall not be allowed to avail of the provision on plea-bargaining.
(UNCONSTITUTIONAL)
IS PLEA BARGAINING ALLOWED IN DRUG CASES?
Yes, in the landmark case of Salvador Estipona vs. Judge Lobrigo (En Banc),
G.R. No. 226679, August 15, 2017, the Supreme Court declared Sec. 23 of RA 9165
prohibiting plea bargaining in drug cases to be unconstitutional.
GUIDELINES FOR PLEA BARGAINING INVOLVING ILLEGAL DRUG CASES
WHEN NOT ALLOWED:
1. Where the penalty is life imprisonment or life imprisonment to death
2. When the offender violates Section 5, RA 9165 (Sale, trading, administration,
dispensation, delivery, distribution and transportation of all kinds of dangerous drugs.
WHEN ALLOWED:
VIOLATION
PLEA BARGAIN
Possession of less than 5g of shabu,
opium, morphine, heroin and
cocaine; and
Less than 300g of marijuana
With penalty of 12 years and 1 day
to 20 years; fine: 300k-400k
Section 12 possession of equipment,
instrument and other paraphernalia
for dangerous drugs
Penalty of 6 months and 1 day to 4
years; fine: 10k to 50k
Possession of shabu, opium,
morphine, heroin, and cocaine of
more than five grams but not
exceeding 10 grams, or with
marijuana of 300 grams but not
more than 500 grams
Section 11 (less than five grams in
case of shabu, etc. and less than 300
grams of marijuana) to lower the
penalty from 20 years to life
imprisonment and fine ranging from
P400,000 to P500,000, to 12 years
and one day to 20 years prison term
and fine ranging from P300,000 to
P400,000.
Possession of equipment, apparatus
and other paraphernalia for
dangerous drugs under Section 12
He or she can plea bargain to
violation of Section 15 or use of
dangerous drugs to lessen the penalty
from six months and one day to four
years in prison and fine from P10,000
to P50,000, to six months treatment
and rehabilitation if he or she admits
drug use or is found positive after
drug use/dependency test
Violation of Section 14 for
possession of equipment, apparatus
and other paraphernalia for
dangerous drugs during parties,
social gatherings or meeting
He or she can plea bargain to
violation of Section 15 on use of
dangerous drugs to lower the penalty
from a maximum or four months in
prison to six months of treatment and
rehabilitation.
COMMON USED ILLEGAL DRUGS/ STREET NAMES
1. MARIJUANA (CANNABIS SATIVA)
STREET NAMES:
BLUNT, DOPE, GANJA, GRASS, HERB, JOINT, BUD, MARY JANE, POT,
REEFER, GREEN, TREES, SMOKE, SINSEMILLA, SKUNK, WEED
2. HEROIN (DIACETYLMORPHINE)
STREET NAMES:
DIACETYLMORPHINE, SMACK, HORSE, BROWN SUGAR, DOPE, H,
JUNK, SKAG, SKUNK, WHITE HORSE, CHINA WHITE, CHEESE.
3. OPIUM (PAPAVER SOMNIFERUM)
STREET NAMES
LAUDANUM, PAREGORIC, BIG O, BLACK STUFF, BLOCK, GUM, HOP
4. COCAINE (BENZOYLMETHYLECGONINE) (FROM COCA PLANTERYTHROXYLONE COCA)
STREET NAMES
COCAINE HYDROCHLORIDE, BLOW, BUMP, C, CANDY, CHARLIE,
COKE, CRACK, FLAKE, ROCK, SNOW, TOOT
5. METHAMPHETAMINE
STREET NAMES
DESOXYN: METH, ICE, CRANK, CHALK, CRYSTAL, FIRE, GLASS, GO
FAST, SPEED
6. ECSTASY/MDMA (METHYLENEDIOXYMETHAMPHETAMINE)
STREET NAMES
ECSTASY, ADAM, CLARITY, EVE, LOVERS' SPEED, MOLLY, PEACE,
UPPERS
7. LSD (LYSERGIC ACID DIETHYLAMIDE)
STREET NAMES
LYSERGIC ACID DIETHYLAMIDE: ACID, BLOTTER, CUBES,
MICRODOT, YELLOW SUNSHINE, BLUE HEAVEN