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.

1. DEPRESSANTS

Slow down the messages sent to and from the brain. For this reason, they're often
called “Downers”. 
Examples:

 Alcohol
 Opiates (Heroin & Morphine)
 Cannabis
 Sedatives and Sleeping Pills

DEPRESSANTS: SHORT-TERM EFFECTS

1. Slow brain function

2. Slowed pulse and breathing
3. Slurred Speech
4. Poor Concentration
5. 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. Depression
2. Chronic Fatigue
3. Breathing Difficulties
4. Sexual Problems
5. Sleep Problems

1. STIMULANTS

Stimulants or 'uppers', speed up the messages sent to and from your brain.

Examples:

 Caffeine
 Nicotine
 Ecstasy
 Cocaine

 
STIMULANTS: SHORT-TERM EFFECTS

1. EXHAUSTION
2. APATHY

STIMULANTS: SHORT-TERM EFFECTS

1. Feelings of Hostility
2. Paranoia

1. 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

1. ORAL

 Safest most convenient and most economical route possible.”

 Slower absorption through GI tract.

1. BUCCAL OR SUBLINGUAL

 BUCCAL = placed between the cheek and gum

 SUBLINGUAL = placed under the tongue
 Faster absorption; bypasses GI Tract.

1. PARENTERAL OR INJECTION

 This form offers the fastest response or effect.

 Administration of substance into a muscle or vein

1. INHALATION/ SNORTING

 Administered through the mouth or nose

1. TOPICAL

 Application of drugs directly to a body site such as the skin and the mucous
membrane.

1. 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
 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) vis-
à-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
 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 other
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:

1. 17 Members
2. 3 - Permanent Members
3. 12 - Ex-officio capacity
4. 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)

1. SEC DOJ
2. SEC DOH
3. SEC Department of National Defense
4. SEC of Department of Finance
5. SEC of DOLE
6. SEC of DILG
7. SEC DSWD
8. SEC SFA
9. SEC DepEd
10. Chairperson of CHED
11. Chairperson of the National Youth Commission
12. DG of the PDEA

***2 Regular Members

1. President of the IBP

2. 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 re-integrate 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 PENALTY

10g or more of opium, morphine, heroin,

cocaine or cocaine hydrochloride, MDMA,  
PMA, TMA, LSD GHB.
LI to Death
 
&

10g or more of MJ resin or MJ resin oil Fine:

  500k to 10M
 
50g or more of shabu

 
QUANTITY PENALTY

Less than 5g of those abovementioned

 
including those similarly designed or
newly introduced drugs and their 12 years and  1 day to 20 years
derivatives, without having any
therapeutic value or is the quantity &
possessed in far beyond the therapeutic
Fine: 300k to 400k
requirements.
 
 
Less than 300g of Marijuana

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 CONSIdrug
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:

 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;
 He/she has not been previously committed to a Center or to the care of a DOH-
accredited physician; and
 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 –
 

Minimum of 6 months
rehabilitation in the
FIRST OFFENSE government center.
 

6 years and 1 day to 12 years

&
SECOND OFFENSE 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

1. 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 2drug

 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. 

1. 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;

1. 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).

1. 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).

1. 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;

1. 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).

1. 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. Experimenter
2. Social Recreational User
3. Habitual User
4. Drug Abuser; and
5. 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 DOH-
ACCREDITED 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:
 

1. 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.

1. He/she has never been charged or convicted of any offense punishable under the
Act, RA 6425; the RPC; or any special penal laws.

1. 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

1. 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 Bocour
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 PENALTY

  
                                 DD - Maximum Penalty
Sale, Trading, Administration, Dispensation, CPEC - 12 years & 1 day
Delivery, Distribution and Transportation of
Dangerous Drugs and CPEC to 20 years.

  Fine: P100k to P500k

 

 
ü  Within 100m from the school  
ü  Use of minors or mentally incapacitated as Maximum Penalty
mules.
 
ü  Drugs as proximate cause of the death of a
minor or mentally incapacitated person.  

 
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. 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 PENALTY

 
Maintenance of a Den, Dive or Resort
 
DD - Maximum Penalty
CPEC - 12 years  & 1 day to
20 years
&
Fine: P100k to P500k

   
 DD is administered, delivered or sold to
minor who is allowed to use the same in
such place. Maximum Penalty

   

 
 
Death
DD be the proximate cause of the death of
person using the same in such den, dive or &
resort (against, manager, owner or operator)
Fine : P1M to P15M
 
 

   

Employees and Visitors of a Den, Dive or 12 years and 1 day

Resort:
to
a. An employee, who is aware of the
20 years
nature of the place as such; and
&
b. Any person, aware of the nature of the
place and shall knowingly visit the same. Fine: P100K to P500K
   

 
 
DD - Maximum Penalty
Manufacture of DD and/or CPECs.
CPEC  - 12 years and 1 day
“The presence of any CPECs or laboratory
equipment in the clandestine laboratory is a to
prima facie proof of manufacture of any 20 years
DD.”
Fine: P100K to P500K
 
 

 
 
 
 
The following are aggravating circumstances if the clandestine is laboratory is
undertaken or established:
 

1. Any phase of manufacturing process was conducted in the presence or with the
help of minor/s.
2. Undetaken within 100m of a residential, business, church or school premises.
3. Any CL secured or protected with booby traps.
4. Any CL concealed with legitimate business operations;
5. Any employment of a practitioner, chemical engineer, public official or
foreigner.

UNLAWFUL ACT PENALTY

 
Manufacture or Delivery of Equipment,
Instrument, Apparatus and other
Paraphernalia for DD and/or CPECs.  
  12 years and 1 day
“... deliver, possess with intent to deliver, or to
manufacture with intent to deliver
equipment, instrument, apparatus, and other 20 years
paraphernalia for dangerous drugs.. knowing
Fine:
or under circumstances where one reasonably
should know, that it will be used to plant, P100K to P500K
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, 6 months and 1 day
or otherwise introduce into the human body a
DD.” to

  4 years
Fine: P10K to P50K
  
 

 
Maximum Penalty
 
 
Use of minor or mentally incapacitated
individual to deliver such equipment,  
instrument, apparatus and other  
paraphernalia.
 
 
 
 

 
 
 
 
Cultivation or Culture of Plants Classified
as DD or are Sources Thereof. LI to Death

“... Can prove lack of knowledge of such P500K to P10M

cultivation or culture despite the exercise of  
due diligence on his/her part.”
 
 
 
 

 
12 years and 1 day
 
to
Unnecessary Prescription of Dangerous
Drugs 20 years
“To a person who does not require its use P100K to P500K
or in the dosage prescribed therein
Revocation of License.
 
  
Unlawful Prescription of Dangerous  
Drugs.
LI to Death
“... shall make or issue a prescription or
P500K to P10M
any other writing purporting to be a
prescription for any dangerous drug.”  
 

 
Attempt or Conspiracy:
a. Importation
 
b. Sale...
Same penalty shall apply
c. Maintenance of D/D/R
 
d. Manufacture
e. Cultivation
 

 
 
 
 
 
 
 
 
 
 
 
 
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:
 

1. Testimony necessary for the conviction

2. Info and Testimony are not yet in possession of the State
3. Can be corroborated on its material points.
4. Not have been previously convicted of a crime involving moral turpitude, except no
other direct evid.
5. Witness shall comply without delay any condition or undertaking, reduced in writing,
imposed by the State.
6. Does not appear to be the most guilty.
7. Violated Sec. 7, 11, 12, 14, 15 and 19.
8. 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

1. Parental Authority or guardianship.

2. Dispose Property or conveyance inter vivos
3. 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:

1. At the place where the search warrant is served; or

2. 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
Section 12 possession of equipment,
instrument and other paraphernalia for
dangerous drugs
Penalty of 6 months and 1 day to 4 years; fine:

years; fine: 300k-400k
Possession of shabu, opium, morphine,
heroin, and cocaine of more than five grams marijuana) to lower the penalty from 20 years
but not exceeding 10 grams, or with
marijuana of 300 grams but not more than
500 grams  to 20 years prison term and fine ranging from
Possession of equipment, apparatus and
other paraphernalia for dangerous drugs
under Section 12
 
 
Violation of Section 14 for possession of
equipment, apparatus and other
paraphernalia for dangerous drugs during
parties, social gatherings or meeting
COMMON USED ILLEGAL DRUGS/ STREET NAMES
10k to 50k
Section 11 (less than five grams in case of
shabu, etc. and less than 300 grams of
to life imprisonment and fine ranging from
P400,000 to P500,000, to 12 years and one day
P300,000 to P400,000.
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
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.
 
 

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 PLANT-

ERYTHROXYLONE 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