DRUG EDUCATION

AND VICE
CONTROL

MYLENE P. VALES

Table of Contents
CHAPTER I

Causes and Influences of Drug Abuse................................................................................................

1
 HISTORY OF DRUG ABUSE..................................................................................................................
DEFINITION OF TERMS.......................................................................................................................
PRESCRIPTIVE DRUGS.....................................................................................................................
OVER-THE-COUNTER DRUGS (OTC)..............................................................................................
The "Self-Medication Syndrome".....................................................................................................
METHODS OF ADMINISTRATION.......................................................................................................
CAUSES OF DRUG ABUSE....................................................................................................................
Primary Cause or Causes and Contributory Factors to Drug Abuse.............................................
CHAPTER II

Adverse and Ill-Effects of Drug Abuse..........................................................................................

TOXICOLOGY.......................................................................................................................................
EFFECTS OF DRUG ABUSE.................................................................................................................
SYMPTOMS OF DRUG ABUSE............................................................................................................
HOW TO AVOID ABUSIVE HABITS...................................................................................................
CHAPTER III

Sources of Prohibited and Regulated Drugs..................................................................................

PROHIBITED AND REGULATED DRUGS...........................................................................................
CLASSIFICATION OF COMMONLY USED DRUGS............................................................................
PHARMACOLOGICAL CLASSIFICATION OF DRUGS........................................................................
CHAPTER IV

Aspects of Drug Education and Enforcement of Drug Related Laws.........................................

THE PREVENTION PROGRAM OF THE GOVERNMENT...................................................................
THE PURPOSE OF SEGREGATING THE PUSHERS AND USERS FROM THE PUBLIC...................
THE LAW ENFORCEMENT ACTIVITIES.............................................................................................
MODUS OPERANDI OF PUSHERS......................................................................................................
ILLICIT DRUG TRAFFICKING.............................................................................................................
JURISDICTION OVER DANGEROUS DRUGS CASES........................................................................
DANGEROUS DRUGS TEST AND RECORD REQUIREMENTS..........................................................
VICE AND RACKET INVESTIGATION................................................................................................
CHAPTER V

2
Treatment and Rehabilitation of Drug Dependents......................................................................
GENERAL CONCEPT OF TREATMENT AND REHABILITATION PROGRAM...................................
VOLUNTARY SUBMISSION OF DRUG DEPENDENT TO CONFINEMENT, TREATMENT
AND REHABILITATION.......................................................................................................................
EXEMPTION FROM CRIMINAL LIABILITY UNDER VOLUNTARY SUBMISSION PROGRAM
...............................................................................................................................................................
PROBATION AND COMMUNITY SERVICE UNDER THE VOLUNTARY SUBMISSION
PROGRAM.............................................................................................................................................
CONFIDENTIALITY OF RECORDS UNDER THE VOLUNTARY SUBMISSION PROGRAM.............
SUSPENSION OF SENTENCE OF A FIRST TIME MINOR OFFENDER............................................
CHAPTER VI

Scope and Objective of “The Comprehensive Dangerous Drugs Act of 2002”.....................

REPUBLIC ACT NO. 9165...................................................................................................................
DEFINITION OF TERMS.....................................................................................................................
UNLAWFUL ACTS AND PENALTIES...................................................................................................

CHAPTER I
Causes and Influences of Drug Abuse

HISTORY OF DRUG ABUSE

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 Drug abuse is as old as humanity itself, its history traces back 9,000 years
before the birth of Christ in the Ancient Kingdom of Samaria.

Marijuana (Cannabis Sativa) is considered to be the world’s oldest

cultivated plant. The early Assyrians considered it as a “sacred tree” used for
rituals. Narcotics and Stimulants, i.e. leaves and roots of coca (cocaine), a shrub
which grows in the Andes Mountains was an integral part of the cultures of the
Ancient Peruvian Incas and the highly superstitious Mexican Aztecs, particularly
during rituals. There are strong allusions too of widespread drug abuse in the
biblical cities of Sodom and Gomorrah. Imperial Rome was said to have been set
on fire on orders of a drug-crazed Emperor Nero (37-68 AD) who earlier
murdered his own mother. The ancient Greeks were also known to use “opium”
meaning poppy juice as a means of obtaining relief and oblivion from misery and
pain and thus explain the term “Narkotikos”, Greek word for sleep. During the
Christian Crusade, the Knights of Charlemagne the Great were constantly plaque
from sneak attacks by red-eyed hashish-drugged Paladins ordered to do acts of
murders and assassinations, hence the modern word “ASSASSIN” from the
original “hashishim” (under the influence of hashish). Drugs has been in use ever
since and the contagion spread from the near East to Central Asia, China, Africa,
South America, and North America. Over the years the use of illegal drugs has
increased and spread at an unprecedented rate and reached every part of the
world. No nation is immune to this horrible social disease and its attendant
effects of violence.

DEFINITION OF TERMS

Drugs - is a chemical substance that affects the functions of the body or

mind when taken into the body or applied through the skin.

A drug is a chemical substance used as medicine or in making medicines

which affects the body and mind and have potential for abuse. Without an advice
or prescription from a physician, drugs can be harmful.

Hundreds of pure chemicals have been developed from plants and put
into pills, capsules or liquid medicines. There are also two forms of drugs, natural
and synthetic/artificial. The natural drugs include natural plant leaves, flowering
tops, resin, hashish, opium, and marijuana, while the synthetic drugs are
produced by clandestine laboratories which include those drugs that are
controlled by law because they are used in medical practice. Physicians prescribe
them and are purchased in legitimate outlets like drug stores.

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 Drugs also help people's bodies and minds function better during an
illness. But drugs have to be taken correctly in order to do these things. The
wrong drug or the wrong amount of the right one can make an illness worse,
destroy blood cells, damage the body and many cause death. For this reason,
most drugs can be legally purchased only with doctor's written order called a
prescription. Only a medical doctor can prescribe medicinal drugs. These drugs
could be dangerous and must be used with care, according to the doctor's
prescription. He gives direction on how much medicine to take and how often.

The practice of taking drugs without proper medical supervision is called

the non-medical use of drugs or drug abuse.

Drug Abuse - deliberately taking a substance for other than its intended
purpose and in a manner that can result in damage to the person's health or his
ability to function.

Drug Dependence - a state, psychic or also sometimes physical, resulting

from the interaction between a living organism and a drug, and characterized by
behavioral and other responses that always include a compulsive desire or need
to use the drug on a continuous basis in order to experience its effects and/or
avoid the discomfort of its absence.

Drug Dependent - is a person who is in a state of psychic or physical

dependence, or both on a dangerous drug, following administration or use of
that drug on a periodic or continues basis.

Physical Dependency - when the dependent that has been adjusted to the
drugs develops withdrawal symptoms in the absence of drug.

Psychological Dependency - when the person taking drugs finds it

necessary to utilize drugs in his adjustment to life, relying upon them for
fulfillment which others achieve without the help of drugs.

PRESCRIPTIVE DRUGS

These are drugs requiring written authorization from a doctor in order to

allow a purchase. They are prescribed according to the individual's age, weight
and height and should not be taken by anyone else. It is a personal requirement
and self-medication should be strictly avoided. The pharmacist should never
allow the consumer to request them knowingly without first consulting a doctor.
Once again strict emphasis of following directions needs to be stated. In
addition to dosage, the physician indicates both when and for how long the
medicine should be taken. These directions are intended to safeguard the patient
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from needlessly treating himself after his illness has been brought under control
or from prematurely stopping a drug because he thinks he is well. Since the
chemistry of the body is subtle and variable, only a physician should have the
responsibility of prescribing and directing the use of drugs in the treatment of
illnesses.

OVER-THE-COUNTER DRUGS (OTC)

These are non-prescription medicines which may be purchased from any

pharmacy or drugstore without written authorization from a doctor. They are
used to treat minor and short term illnesses and any persistent condition should
be immediately referred to a physician. It should be strongly emphasized that
"directions" be closely followed and all precautions necessarily taken to avoid
complications.
OTC drugs are used for the prevention and symptomatic relief of minor
ailments. The precautions that must be observed when dispensing OTCs are the
following:

a. The correct drug with the correct drug content is given to the correct
patient in the correct dosage form;
b. The pharmacist must counsel the patient to make sure that he/she
takes the drugs correctly, and
c. The pharmacist must be aware of and know about the possible
toxicities possessed by the OTC drugs to avoid food/drug
incompatibilities and overdoses.

OTCs must be used discriminately

a. To avoid the dispensing of OTC drugs to known identified habitual

drug users.
b. To avoid complications, this is done by inquiring from the buyer of the
drug as to the identity of the patient, the patient's age and other
information such as pregnancy, hypertension, etc.
c. The pharmacist must counsel the patient so as to avoid the "self-
medication" syndrome by inquiring about the buyer's source of
information about the drug.

The "Self-Medication Syndrome"

The "self-medication" syndrome is found in users or would be users of

drugs whose sources of information are people or literature other than doctors,

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pharmacists and health workers. These could be members of the family, relatives
and/or neighbors, all of whom may have previously used the drug for their
specific disease or disorder. Self-medication may work against the good of the
user because it can lead intoxication and other adverse reactions.

Possible outcomes of self-medication are:

a. adverse reaction towards the drug, such as allergies which may be

mild or severe
b. possible non-response of the patient to the drug effectivity due to
incorrect drug usage
c. possible drug toxicities, through over dosage which may lead to
severe reactions such as nausea, vomiting, rashes, etc.
d. possible habit forming characteristics due to periodic use of drugs
even when such are no longer needed.

How Drugs Work

Most drugs act within a cell, rather than on the surface of a cell or in the
extra cellular fluids of the body. Similar to normal body chemicals, a drug enters
a cell and participates in a few steps of the normal sequence of a cellular
process. Thus, drugs may later, interfere with or replace chemicals of normal
cellular life, hopefully for the betterment of the person. The actual action of a
particular drug depends on its chemical make-up.

When the two drugs are taken together or within a few hours of each
other they may interact with unexpected results. This is one reason a physician
should always know the names of all drugs one is using. A dose of a drug is the
amount taken at one time. The doses taken become an extremely important part
of drug abuse. The amount of drug in a dose can be described as:

 Minimal dose - amount needed to treat or heal, that is, the smallest
amount of a drug that will produce a therapeutic effect.
 Maximal dose – it is the largest amount of a drug that will produce a
desired therapeutic effect, without any accompanying symptoms of
toxicity.
 Toxic dose – it is the amount of a drug that produces untoward effects
or symptoms of poisoning.
 Abusive dose – it is the amount needed to produce the side effects
and action desired by an individual who improperly uses it.
 Lethal dose – it is the amount of drug that will cause death.

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METHODS OF ADMINISTRATION

The common methods of administration are the following:

 Oral - this is the safest, most convenient and economical route

whenever possible. There are however, drugs which cannot be
administered this way because they are readily destroyed by the
digestive juices or because they irritate the mucous lining of the
gastro-intestinal tract and induce vomiting.
 Injection - this form of drug administration offers a faster response
than the oral method. It makes use of a needle or other device to
deliver the drugs directly into the body tissue and blood circulation.
 Inhalation - this route makes use of gaseous and volatile drugs which
are inhaled and absorbed rapidly through the mucous of the
respiratory tract.
 Topical - this refers to the application of drugs directly to a body site
such as the skin and mucous membrane.
 Lontophoresis - the introduction of drugs into deeper layers of the skin
by the use of special type of electric current for local effect.

CAUSES OF DRUG ABUSE

Some of the more apparent contributing factors to drug abuse are

outlined below.

Peer pressure

Whether peer pressure has a positive or negative impact depends on the

quality of the peer group. Unfortunately, the same peer pressure that acts to
keep a group within an accepted code of behavior can also push a susceptible
individual down the wrong path. Drug users, like other people, seek approval for
their behavior from their peers, so they often try to convince others to join in
their habit as a way of seeking acceptance.

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Curiosity

So much has been written and said about drugs that many people are
tempted to experience them out of curiosity. The first taste, and its effect on the
user, greatly influences the individual to continue taking drugs. The younger
the age at which an individual first tries drugs, the more apt he or she
is to try them again.

Ignorance

For decades, misinformation about the dangers of illegal drug use has
been plentiful. Governments, scientists, experts and others have had only limited
success in communicating accurate information. As drug use has spread
throughout the world, myths have been perpetuated and facts have often been
distorted and subjected to ridicule. Individuals often begin taking drugs as an
experiment, with the belief that the substances are not dangerous. If the drug
provides the effect the individual is seeking, then the user’s lack of knowledge
about the health consequences permits continued use. By the time the dangers
are fully realized, it is often too late for the person to stop taking drugs or to
reverse the damage done.

Alienation

Human beings seem to require a sense of belonging, be it to a family, a

tribe, a community or a country. An individual who feels isolated will usually take
steps to find a group to belong to. Too often the reception group is composed of
other people who feel similarly isolated and who have turned to drugs as an
escape. Feeling welcome in the new environment, where drug use is acceptable,
can lead to disastrous results for the individual and for society as a whole.

Changing Social Structures

One of the main factors leading to drug abuse is the deterioration or

shifting patterns of an existing social structure. When a unit that has served as a
support group for its members begins to change, some members may be unable
to adapt; they will look for refuge, and may seek it in the world of drugs. This
disturbing deterioration or shifting of the social fabric of the community or
family, this deviation from old, established mores, can lead some people down a
perilous path of increasing drug abuse.

Urbanization and Unemployment

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 In many parts of the world, the exodus of people from rural to urban
areas in search of work and a better life continue. Often, these people face
certain obstacles for the first time. Separation from family members and
traditional values and support structures can lead to loneliness, isolation and
despair; a lack of schooling and/or skills often translates to unemployment; the
nature of city life, in general, may be difficult to adjust to. Many of the problems
associated with creating a new life style can lead individuals to turn to drugs.

Primary Cause or Causes and Contributory Factors to Drug Abuse

In the fight against drug abuse no better doctrine is more aptly relevant
than the axiom “AN OUNCE OF PREVENTION IS BETTER THAN A POUND OF
CURE”. In this light, education has been recognized lately as a vital weapon to
combat innocence and curiosity that are considered as the principal causes of
drug abuse.

The abuse starts from the innocence and curiosity of people in the
improper use of drugs, aggravated by multi-faceted problems. Any or all of these
factors influence the young people to abuse drugs.

Family

1. Escape from strict and domineering parents;

2. Parents lack of communication with children;
3. Parents are frequently quarreling in their presence;
4. Overprotective parents;
5. Neglected children;
6. Parents are busy in their work and have no time for the children; and
7. Children prefer to be with their peer group (barkada) because they feel
nobody wants them at home.

School

The school is the second home of the child. Their second parents are the
teachers. Both equally play an important factor in drug abuse. The factors are:

1. The absence of a basic drug education on the proper use of drugs in the
school;
2. Some schools are not giving the right basic drug education to the
students;

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 3. Teachers have not been well-trained or have not acquired the necessary
teaching knowledge;
4. Teachers are not aware of personal conflicts of their students;
5. Teachers are not sensitive to the needs of their students; and,
6. Teachers are oftentimes concerned only with the academic achievement
of the child while their personality growth is neglected.

Community

1. Drugs are easily available in the community;

2. Increasing number of pushers in the community poses a grave threat;
3. No sports or recreational facilities are available in the community;
4. No vocational or skilled training for out-of-school youth is offered to keep
them gainfully occupied.
Media

1. Over sensationalization of news stories on illegal drugs and drug abuse by

the media.

Biological Factors

1. Some individual health conditions such as fatigue, chronic cough,

insomnia, physical distress and mental disorders are usually relieved with
the use of drugs. The improper use of drugs will then lead to drug abuse.
2. With the use of a certain drug, the body works actively, but with the
continued improper use of such drug it will result in physical dependency.

Psychological Factors

1. Low self-esteem and poor self-image – This easily contribute to drug

abuse.
2. Need for acceptance or belonging – To some young people, using drugs
provided by their friends and using them together are ways of winning
friends acceptance and of compensating for having no one to associate
with.
3. Feeling for more freedom and autonomy – Drug users feel that their
freedom and independence are very much suppressed. They want to be
free in making decisions. To prohibit them is to make them does it.

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 4. Escape from reality – The drug user simply wants to get away from
reality.
5. Mental problem – Illegal drug use has been associated with a variety of
psychiatric problems such as depression and anxiety. It is viewed as an
expression of personality deficiency or symptom of psychotic disturbance.
6. Attention getting – Using drugs is a way to get the attention of either their
parents or loved ones; thus, to become the center of attraction in the
family.

Parental Negligence

There are some unpalatable parental relations that are critical to the basic
foundation of the children that results to a poor parent-children relationship,
such as:

1. Over domineering parents;

2. Lack of parental concern and closeness;
3. Parental permissiveness;
4. Rejection by the parents;
5. Abuse by the parents;
6. Family instability and disorganization;
7. Harsh physical punishment; and
8. Childhood stress and trauma

Sociological Factors

Some of the sociological factors that influence drug use are as follows:

1. Availability of over-the-counter prescription of drugs – The variety of

drugs on sale for different ailments encourages polydrug use;
2. Influence of media – Advertising messages seems to say that all ailments
can be cured through the use of chemical substance. Such medium helps
create a societal acceptance towards drugs, not only over-the-counter
drugs, but also the use of illegal and controlled drugs for non-medical use;
3. Impact of affluent lifestyle or of high unemployment problem;
4. Effect of increased travel and exposure to different cultures and societal
values;
5. Modeling by parents or key influences that are drug users. Young people
often tend to imitate their behavior;
6. Social pressures exerted by peer groups;
7. Collapse of religious values;
8. Feeling of powerlessness;
9. Lower value on academic achievement;
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 10. Corruption of public officials especially police elements.

CHAPTER II
Adverse and Ill-Effects of Drug Abuse

TOXICOLOGY

A drug may cause effects because of any of the following:

 Overdose - when too much of a drug is taken there may be an over

extension of its effects.

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  Allergy - some drugs cause release of histamine giving rise to allergic
symptoms such as dermatitis, swelling, falls in blood pressure,
suffocation and death.
 Idiosyncrasy - for unexplained reasons, morphine, which sedates all
men, stimulates and renders some women maniacal. Perhaps the
phrase "catty woman" has a pharmacologic basis since most mammals
are sedated by morphine but some cats become extremely excited by
it.
 General protoplasmic poison property - drugs are chemicals and some
of them have the property of being general protoplasmic poisons.
 Side Effects - some drugs are not receptors for one organ but
receptors of other organs as well. The effect in the other organ may
constitute a side-effect which is unwanted.

EFFECTS OF DRUG ABUSE

I. Effect to the Person (User)

Medical and Physical Deterioration

Respiratory Diseases – Asthma, Bronchitis, Bronchiectasis,

Tuberculosis, Lung abscess, Emphysema, Lung cancer
Digestive System Diseases – Peptic ulcer, Gastritis, Hepatitis
Infection
Anemia
Physical Condition – Fatigue, muscle wasting, loss of weight,
weakness, insomnia, poor muscular coordination

Personality Deterioration

Witty and manipulative

Negative attitudes
Selfish and demanding
Low frustration tolerance
Poor relation to parents and his siblings
Non-trustworthiness
Usually depressed
Self-centered
Absence of good manners and right conduct
Association to known drug users

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 Losses of so many things at home and at times from neighbors at
school and at work

Mental Deterioration

Loss of interest to any productive activities

No productive and gainful work
Emotionally immature
No initiative for self-improvement
Low IQ and usually drop-out from the school and at work
Inability to concentrate
Easily forgets
Suffering from withdrawal symptoms
Nervous imbalance
Irritable
Agitated
Irresponsible
Psychosis

Spiritual Deterioration

Drug abusers are godless

No spiritual belief and no spiritual obligation nor religious
responsibilities

II. Effect to the Family

1. Intense feeling of humiliation and guilt are felt by family members

2. Self-esteem are generally low among the members of the family
3. The spirit of togetherness or unity are broken
4. Occurrence of domestic violence
5. Loss of money or valuables
6. Loss of unity among family members

III. Effect to the Community

1. Increase of petty crimes in the community (Physical injuries, rape,

hold-upping, bag snatching, stealing by “akyat-bahay gang” and
“bukas kotse gang” and others)
2. Increase of drug dependent and drug pusher in the community
3. Fear of community residents to drug dependent especially at night

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 4. Neighborhood association becomes inactive

IV. Effect to the Society

1. Increase of heinous or anti-social crimes

2. Increase of immorality and loss of moral fiber of the society
(Prostitution, pedophilia, child abuse)
3. Downfall of social values of the country
4. Limited movement of people especially at night time for fear of the
drug dependent

V. Effect to the Law Enforcement

1. Corruption of some law enforcement personnel

2. Ineffective application and implementation of Narcotic Law
3. Produces bad image and credibility to the Police Agency
4. Loss of trust, confidence and integrity among some police personnel
5. Coddling of the drug dependent by the police personnel

VI. Effect to the Economy

1. Sabotage to the economy

2. Draining of huge amount of money from our country
3. Aggravate the problem of poverty in a country
4. Economic growth is slow
5. Massive corruption of public and private officials

VII. Effect to the Judiciary

1.Corruption of the court and one-sided criminal justice system

2.Corruption of some Judicial Personnel
3.Mal administration in the dispensation of narcotic cases
4.Coddling of drug abusers and violators of the Dangerous Drug Act
5.Plea bargaining and delay of instituting justice regarding drug abuse
6.Recidivism on Drug Abuse increases
7.Loss of trust, confidence and integrity of our Judicial system by the
general public
VIII. Threat to the Security and Integrity of Nations and Regions

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 Despite recent success in some parts of the world in controlling the
supply, diversion and trafficking of illegal drugs, the scope of the narcotics
problem today transcends law enforcement and public health questions,
posing a threat to the security and integrity of nations and regions. The
narcotics trade undermines governments and officials through corruption,
intimidation, and economic destabilization. The erratic ebb and flow and
sheer volume of drug money have a destabilizing effect on the supply of
money and exchange markets. Moreover, the threat posed to individuals
the world over by drug-related acts of terrorism is very real.

In the past, traffickers often viewed law enforcement successes in

interrupting their operations as part of the "cost of doing business",
reacting relatively meekly to avoid provoking governments into further
and stronger action. Now, with stricter drug control and law enforcement
measures around the world, some trafficking channels have been
disrupted and their proprietary organizations are on the defensive in many
areas. In addition to devising new trafficking routes through less well-
guarded areas, they are now reacting not only with threats but also with
acts of violence.

SYMPTOMS OF DRUG ABUSE

General Signs and Symptoms of Drug Abuse

1. Abrupt changes in school or work attendance, quality of work, grades,

discipline and work output.
2. Unusual flare-ups or outbreak of temper in a small emotional provoking
situation.
3. Withdrawal from responsibility.
4. General changes in overall attitudes.
5. Deterioration of physical appearance and grooming.
6. Furtive behavior regarding actions and possessions.
7. Wearing of sunglasses at inappropriate times to hide constricted pupil.
8. Continual wearing of long sleeved clothing to hide injection marks.
9. Association with known drug abusers.
10.Unusual borrowing of money from parents or friends.
11.Attempts to appear inconspicuous in manner and appearance to avoid
attention and suspicion.
12.Stealing small items but later on big items from home, school or employer.
13.May frequent odd places without cause such as storage room, closets,
basement and other isolated or close compartments as well as hidden places.

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Symptoms of:

1. Depressants

 Narcotics

- Lethargy, drowsiness
- Pupils are constricted and fail to respond to light
- Inhaling heroin in powder form leaves traces of white powder
around nostrils, causing redness.
- Injecting heroin leaves scars, usually on the inner surface of the
arms and elbows although user may inject drug in the body where
needle marks will not be seen readily.
- User often leaves syringes, bent spoons, bottle caps, eye droppers,
cotton and needles in lockers at school or hidden at home.
- User scratches self frequently
- Loss of appetite
- Sniffles, running nose, red watery eyes, coughing, which
disappears when user gets a "fix"

 Barbiturates/Tranquilizers

- symptoms of alcohol intoxication without odor or alcohol on breath

- staggering or stumbling
- falling asleep unexplainably
- drowsiness, may appear disoriented
- lack of interest in school and family activities

 Volatile Solvents

- odor of substance on breath and clothes

- excessive nasal secretions, watering of eyes
- poor muscular control
- increased preference for being with a group rather than being
alone
- plastic or paper bags or rags, containing dry plastic cement or
other solvent, found at home or in locker at school or at work
- slurred speech

2. Stimulants

 Amphetamines/Cocaine/"Speed," "Bannies," "Ups"

18
 - pupils may be dilated
- mouth and nose dry, bad breath; licks lips frequently
- goes long periods without eating or sleeping; nervous; has difficulty
sitting still
- chain smoking
- if injecting drug, user may have hidden eye droppers and needles
among possessions

 Shabu

- produces elevations of mood, heightened alertness and increased

energey
- some individuals may become anxious, irritable or loquacious
- causes decreased appetite and insomnia

3. Hallucinogens

 Marijuana

- may appear animated with rapid, loud talking and bursts of

laughter
- sleepy or stuporous
- pupils are dilated
- odor (similar to burn rope) on clothing or breath
- remnants of marijuana, either loose or in partially smoked "joints"
in clothing or possessions

 LSD/STP/DMT/THC

- user usually sits or reclines quietly in a dream or - like state

- user may become fearful and experience a degree of terror which
makes him attempt to escape from his group
- senses of sight, hearing, touch, body image and time are distorted
- mood and behavior are affected, the manner depending upon
emotional and environmental condition of the user (ref. Source
Book on Drug Education)

HOW TO AVOID ABUSIVE HABITS

1. Talk to someone you trust. Don’t bottle things up inside – cry, shout, laugh,
feel sad about your problem.

19
 a. talk to someone you trust
b. talk to your teacher
c. talk to your family doctor
d. talk to your spiritual director

2. Learn how to deal with bad feelings. Learn to relax.

a. sports for relaxation
b. using music to relax
c. meditation/prayer
3. Learn to find new interest.
a. meet new people
b. go to new places
c. put yourself into new situations
4. Give yourself the chance to be all you can be.
a. discover your special talents
b. learn many skills
c. develop your own personality

CHAPTER III
Sources of Prohibited and Regulated Drugs

PROHIBITED AND REGULATED DRUGS

Prohibited Drug

Prohibited drug includes opium and its active components and derivatives,
such as heroin and morphine; coca leaf and its derivatives, such as principally
cocaine; alpha and beta eucaine; hallucinogenic drugs, such as mescaline,

20
lysergic acid diethylamide (LSD) and other substances producing similar effects;
Indian hemp and its derivatives; all preparations made from any of the
foregoing; and other drugs and chemical preparations, whether natural or
synthetic, with the physiological effects or a narcotic or a hallucinogenic drug.

Regulated Drug

Regulated drug includes self-inducing sedatives, such as secobarbital,

Phenobarbital, pentobarbital, barbital, amobarbital and any other drug which
contains a salt or a derivative of a salt of barbituric acid; any salt, isomer or salt
of an isomer, of amphetamine, such as Benzedrine or Dexedrine, or any drug
which produces a physiological action similar to amphetamine; and hypnotic
drugs, such as methaqualone, nitrazepam or any other compound producing
similar physiological effects.

CLASSIFICATION OF COMMONLY USED DRUGS

 Narcotics – are drugs which relieve pain and produce profound

sleep or stupor.
 Opium – derived from a poppy plant – Papaver Somniferum
popularly known as “gum”, “gamut”, “kalamay” or “panocha”.
 Morphine – most commonly used and best used opiate. It is
effective as a pain killer and six times potent than opium.
 Heroin – is three to five times more powerful than morphine from
which it is derived and the most addicting opium derivative.
 Codeine – a derivative of morphine, commonly available in cough
preparations.
 Paregoric – a tincture of opium in combination with camphor.
Commonly used as a household remedy for diarrhea and abdominal
pain.
 Demerol and methadone – common synthetic drugs with morphine
– like effects.
 Barbiturates – are drugs used for inducing sleep in persons plagued
with anxiety, mental stress, and insomnia.
 Seconal - commonly used drugs among hospitality girls. Sudden
withdrawal from these drugs is even more dangerous than opiate
withdrawal.
 Tranquilizers – are drugs that calm and relax and diminish anxiety.
 Volatile solvents – these are gaseous substances popularly known
to abusers as “gas”, “teardrops”.

21
  Alcohol – it is the king of all drugs with potential for abuse. The
most widely used, socially accepted and most extensively legalized
drug throughout the world.
 Amphetamines – is used medically for weight reducing in obesity,
relief of mild depression and treatment of narcolepsy.
 Cocaine – can be taken orally, injected or sniffed as to achieve
euphoria or an intense feeling of “highness”.
 Caffeine – it is present in coffee, tea, chocolate, cola drinks, and
some wake-up pills.
 Shabu – is also known as “poor man’s cocaine” and chemically
known as methamphetamine. It is a white odorless crystal or
crystalline powder with a bitter numbing taste.
 Nicotine – an active component in tobacco which acts as a powerful
stimulant of the central nervous system.
 Marijuana – it is the most commonly abused hallucinogen in the
Philippines because it can be grown extensively in the country.
 LSD (Lysergic Acid Diethylamide) – this drug is the most powerful
of the psychedelic obtained from ergot, a fungus that attacks rye
kernels.
 Peyote – Peyote is derived from the surface part of small gray-
brown cactus.
 Mescaline – it is the alkaloid hallucinogen extracted from the
peyote cactus and can also be synthesized in the laboratory.
 STP – it is a take-off on the motor oil additive. Its effects are
similar to the nerve gas used in chemical warfare.
 Psilocybin – this hallucinogenic alkaloid from small Mexican
mushrooms are used by Mexican Indians. These mushrooms induce
nausea, muscular relaxation, mood changes with visions of bright
colors and shapes, and other hallucinations.
 Morning Glory Seeds – the black and brown seeds of the wild
tropical morning glory plant are used to produce hallucinations.

PHARMACOLOGICAL CLASSIFICATION OF DRUGS

1. Depressants (Downers) – these are drugs which suppress vital body

functions especially those of the brain or central nervous system with
the resulting impairment of judgment, hearing, speech and muscular
coordination.

2. Stimulants (Uppers) – they produce effects opposite to that of

depressants. It produced increased mental alertness, wakefulness,
reduce hunger, and provide a feeling of well-being.

22
 3. Hallucinogens – consists of a variety of mind-altering drugs which
distort reality, thinking and perceptions of time, sound, space and
sensation.

CHAPTER IV
Aspects of Drug Education and Enforcement
of Drug Related Laws

THE PREVENTION PROGRAM OF THE GOVERNMENT

The Application of Anti-drug Abuse Program

1. Drug Supply Reduction Drive

The Criminal Justice System shall endeavor to reduce the supply of the
drug chain to the barest minimum level possible. This is to simultaneously drive
the prices of drugs skyrocketing high and create acute shortage of the
contraband to death-knell level. The drug supply reduction drive involves the five
23
(5) pillars of the Criminal Justice System - law enforcement, prosecution, courts,
correction, and community, the main objective of which is to neutralize sources
of illegal drugs, from street-level pushers to big time drug lords and traffickers.
This involves the arrest of drug personalities, seizure of illegal drugs, filing of
cases, and prosecution of arrested personalities. Following measures shall be
implemented:

a) Production Control/Prevention Measures

b) Processing Control/Prevention Measures
c) Trafficking Control/Prevention Measure
d) Financing Control/Prevention Measures
e) Retailing (Pushing) Control/Prevention Measures

2. Drug Demand Reduction Drive

The NGAs, LGUs, GOCCs, and participating NGOs shall exert all-out and
sustained efforts to reduce, if not eradicate, the demand side of the drug chain.
This effort concentrates on anti-drug advocacy along the lines of public
information, preventive education, intervention, and treatment and rehabilitation.
This drive shall be carried out by using all three approaches, targeting all the
three main groups as follows:

a) Primary Prevention Approach for Non-Users

Primary prevention attempts to discourage the initiation of drug use,

especially by children and adolescents. It tries to keep them from
"falling into the drug river". A sequence of mutually reinforcing
measures is encompassed by primary prevention.
b) Secondary Prevention Approach for "Experimenters" and Casual Drug
Users

Secondary prevention (intervention) discourages the escalation of

drug consumption by occasional or experimental users and
encourages them to return to non-use. It tries to get them "out of the
drug river" before too much damage is done - and then keep them
out. In addition to the measures listed under primary prevention,
casual users may need one-on-one assistance, including identification
and referral services and short-term counseling. Increased attention
must be given to pregnant women who may put their unborn children
at risk not only of fatal drug effects, but also of AIDS. Successful
intervention reduces the prevalence of drug abuse.

c) Tertiary Preventive Approach for Addicts and Recovering Persons

24
 Tertiary prevention provides treatment and aftercare or rehabilitation
to help people get off and stay off drugs. It tries to save the
casualties of drug use, to revive them, and then help them stay "out
of the drug river". Addicted and recovering people may profit from the
kinds of measures listed under primary and secondary prevention, but
typically will also need intense and extended one-on-one services, as
well as long-term support. Both the AIDS epidemic and the mounting
numbers of children suffering from intra-uterine drug exposure call for
intensified prevention activities at the tertiary stage. Successful
treatment and rehabilitation reduces the prevalence of drug abuse.

Operation Private Eye

Background

Operation Private Eye is a citizen-based information collection project

adopted by the DDB and the PDEA from the defunct DEP Center. It gives
rewards and established an incentive scheme to encourage civilian informants to
cooperate with the government in fighting illegal drugs by reporting intelligence
information. The project was launched on June 26,2001 during the National Anti-
Drug Summit held at the Manila Hotel. Since then, Operation Private Eye has
released a total reward of P2.728 million to 28 informants. More claims for
reward are now being processed and will be released in due time.

Objective

The project's objective is to harness people's power in the anti-drug

campaign by tapping the citizenry as the eyes and ears of the government in
achieving the vision of a drug-free Philippines by the year 2010. It aims to
counter fear and apathy as hindrances to citizens participation in reporting illegal
drug activities by ensuring the anonymity of the informant and giving monetary
rewards.

How to Report

Private Citizens can report illegal drug activities using the Information
Report Form (IRF). The summary of information must be placed in the
handwriting of the informant or in case the informant cannot write, by another
person with the informant's approval and direction. In the latter case, it is
necessary that the thumbmark be that of the informant.

Pursuant to Section 22, Article II of Republic Act No. 9165, the DDB
issued Board Regulation No. 5, Series of 2003 on July 18,2003 that prescribed

25
the new guidelines and procedures of the project. The following questions and
information requirements in the IRF must be accomplished as follows:

What: refers to the illegal drug activity being reported, like importation,
sale, administration, delivery, distribution and transportation, manufacture of
dangerous drugs, possession and other prohibited acts provided for in Section II
of the Act;

Who: refers to persons and drug groups directly involved in the illegal
drug activity;

Where: refers to the exact address of the place where the illegal drug
activity will happen, is happening or has happened. The street number,
barangay, town/city and province must be included;

When: refers to the date and if possible the time that the illegal drug
activity will happen, is happening or has happened and if there is a possibility
that the activity will be repeated;

Why: refers to the motive of the person involved in the illegal drug activity
or the reasons why the informant believes that an illegal drug activity is taking
place;

How: refers to the method used in the illegal drug activity. This may
include, among others, the type of vessels/vehicles used, the method of delivery
and other relevant information;

Others: refer to other data that might be helpful to law enforcement

agencies in the conduct of the operation; maps, sketches, photographs and other
documents can be attached to the IRF;

Progress Report: refers to the intention of the informant to give additional

information to PDEA;

Codename: refers to any alias used by the informant for the purpose of
identification by the Operation Private Eye secretariat. This is used to conceal the
identity of the informant;

Thumb-mark: refers to the right thumb-mark of the informant which will

identify him as the rightful claimant of the reward; and

Information Report Form (IRF) No.: refers to the serial number of the
form.

26
THE PURPOSE OF SEGREGATING THE PUSHERS AND USERS FROM THE
PUBLIC

Drugs and Violence

Drug trafficking and abuse foster two categories of violence:

The first is that violence resulting from the use of drugs - the violence
committed by users either as a result of their effects or the abuser's committing
of violent acts to obtain money to purchase drugs.

The second is violence among traffickers as a result of disagreements

about transactions, sometimes to seek a competitive advantage over rival
dealers. In effect, acts of violence in furtherance of the trafficking enterprise.

As we have all seen, violence is used to protect or expand markets,

intimidate competitors, and retaliate against sellers or buyers who are suspected
of cheating. To avoid being arrested and punished for trafficking, drug dealers
commit violent crimes against law enforcement personnel, informants or
witnesses. Some observers also believe that the illegal drug business attracts
people who are prone to violence.

Drugs and Crime

The use of illegal drugs and crime go hand in hand. In far too many
cases, drug users will literally do anything to obtain enough drugs to satisfy a
habit.

The crimes most frequently committed by drug abusers are those by

which the drug can gain the most money for the least amount of effort, usually
by theft, prostitution and drug peddling. This, however, does not limit the types
of crimes committed, exemplified by stories of business executives who have
stolen company funds and of workers who have intentionally damaged goods in
order to acquire them at a reduced rate and then sell them for more money on
the street to finance their habit.

When individuals begin to take drugs, they accept the obvious risks to
their personal health and well-being, both physical and psychological. After
prolonged used of or the development of an obsession for a drug, the personality
of the user is notably altered. This is a major obstacle encountered when
attempting to overcome drug dependency. The problem is exacerbated if the
user has also become adjusted to criminal behavior. While physical addiction to a

27
drug is not a prerequisite for criminal activity, the user who tries to support a
drug habit, whether it stems from marijuana, heroin and cocaine, often
commands limited funds and thus resorts to any of a wide range of illegal
activities.

While obviously not all crimes are necessarily connected with the
acquisition of drugs, many crimes are committed by individuals while under their
influence. A recent study in metropolitan areas of a major industrialized nation
found that roughly 50% of those arrested on the street had one or more drugs in
their system.

THE LAW ENFORCEMENT ACTIVITIES

It was through President Gloria Macapagal-Arroyo's Iron Fist stand against

illegal drugs that led to the creation of the PNP Anti-Illegal Drugs Special
Operations Task Force (PNP AIDSOTF). Her desire to rid the country of the Public
Enemy No.1 (Illegal Drugs) pushed her to launch her administration's program
aimed at making the Philippine drug-free in the year to come.

The Executive Order No. 218 was issued by Malacañang to strengthen the
support mechanisms for the Philippine Drug Enforcement Agency (PDEA). The
President herself saw an urgent need to pursue a forceful, intensive and
unrelenting campaign against drug trafficking and the use of illegal drugs,
whether syndicated or street-level.

Thereafter, a Letter of Instruction (LOI) from the Chief, Philippine National

Police, Dir. Gen. Hermogenes E. Ebdane Jr. was issued, setting forth the
organization and activation of the Anti-Illegal Drugs Special Operations Task
Force (AIDSOTF) to serve as the main task force with the mission of undertaking
an intensified and continuous campaign against illegal drugs nationwide in
support of the PDEA and in lateral coordination with other concerned law
enforcement agencies.

In addition, Dep. Dir. Gen. Edgar B. Aglipay, Deputy Chief PNP for
Administration was ordered to head and supervise in concurrent capacity the
newly created Task Force. Thus, after a year of its operation, the AIDSOTF has
gained the respect of the PNP, civil society and even of the President.
The name AIDSOTF is now the nightmare of all illegal drug traffickers and
manufacturers in the country.

Executive Order No. 218

28
Strengthening the Support Mechanism for the Philippine Drug Enforcement
Agency

WHEREAS, by virtue of the Comprehensive Dangerous Drugs Act of 2002

(Republic Act No. 9165), the Philippine Drug Enforcement Agency (PDEA) was
created for the efficient and effective law enforcement of all the provisions on
dangerous and/or precursors and essential chemicals as provided in R.A. No.
9165;

WHEREAS, pursuant to R.A. No. 9165, the Dangerous Drugs Board (DDB)
is the policy-making and strategy-formulating body in the planning and
formulation of policies and programs on drug prevention and control;

WHEREAS, R.A. No. 9165 provides for the abolition of the drug
enforcement units of the Philippine National Police (PNP), the National Bureau of
Investigation and the Bureau of Customs;

WHEREAS, the same Act also provides that the personnel of the abolished
units shall continue to perform their task as detail service with the PDEA until
such time that the PDEA is fully operational and is able to recruit a sufficient
number of new personnel to do the task themselves;

WHEREAS, the PDEA, as the lead agency tasked to enforce R.A. No. 9165,
is still in its transition period and still has to develop its institutional capabilities to
be able to accomplish its mandated task;

WHEREAS, other agencies of the Government have trained drug

enforcement personnel who can help PDEA fulfill its task;

WHEREAS, there is an urgent need to pursue a forceful, intensive and

unrelenting campaign against drug trafficking and the use of illegal drugs
whether syndicated or street-level.

NOW, THEREFORE, I, GLORIA MACAPAGAL-ARROYO, President of the

Republic of the Philippines, by virtue of the powers vested in me by law, do
hereby order and/or authorize:

SECTION 1. Creation of Task Forces. - The Office of the President, the

PNP and other agencies which were performing drug law enforcement and
prevention functions prior to the enactment of R.A. No. 9165 shall organize anti-
drug task forces to support the PDEA.
SECTION 2. Supervision and Support. - The PDEA shall exercise
operational supervision and provide technical support to the main task force
created by the PNP. In the case of other task forces, created within the PNP or

29
other agencies, the President of the Philippines shall determine whether the DDB
or the PDEA shall exercise operational supervision.

SECTION 3. Funding. - Funds for the operation of the task forces shall be
sourced from the mother agencies creating the task force and from the gross
receipts of lotto operations. For this purpose, the Philippine Charity Sweepstakes
Office is hereby ordered to create a standby fund in the amount of One Billion
Pesos (P1,000,000,000.00) to fund the operations of the PDEA and the task
forces supporting it.

SECTION 4. Repeal. - Executive Order No. 206 dated May 15, 2003 is
hereby repealed. All orders, rules, regulations and issuances, or parts thereof,
which are inconsistent with this Executive Order are hereby repealed or modified
accordingly.

SECTION 5. Effectivity. - This Executive Order shall take effect

immediately upon approval.

The New Anti-Drug Measures/Guidelines for Operating Elements

(As contained in AIDSOT Force Memo Circular No. 2004-01 dated June 7, 2004;
Subject: New Guidelines in the Conduct of Anti-Drug Operations)

Hereunder are the various measures that will serve as the new guidelines
in the conduct of anti-illegal drug operations in Metro Manila and which will be
eventually adopted nationwide:

A. All anti-illegal drug teams operating in Metro Manila are effectively

disbanded. To take their place will be a newly organized Anti-illegal Drug
Team per police station composed of one PCO as Team Leader and 6 PNCO's
as Team Members. All in all, there shall be 43 organic Anti-illegal Drug
Teams of NCRPO distributed as follows:

1 AID Team at the Regional Headquarters level;

5 AID Teams at the District Headquarters level; and
37 AID Teams at the police station level.

B. There shall also be created 1 Anti-illegal Drug Counter Intelligence (CI) Team
at the regional level and 5 CI Teams at the district level. Their main task
shall be to monitor the operations as well as activities of the AID Teams to
deter members of the AID Teams from committing irregularities. The CI
Teams shall also initiate lifestyle check on members of AID Teams as well as
any policeman involved in "hulidap" or "bangketa" operations or in the drug
trade.

30
C. The newly organized AID Teams shall be closely supervised by
Headquarters, AIDSOTF and RD, NCRPO. In line with this, the AID Team
Leaders shall attend a weekly conference at AIDSOTF Conference Room
every Wednesday at 3:00 p.m. Aside from the 43 AID Team Leaders, the
Chiefs of the District PNP Crime Laboratory Office shall also attend.

D. As a general rule, AID Teams are to conduct anti-drug operations only in

their respective areas of responsibilities (AOR). If there is necessity to
conduct operations outside of AOR, concerned AID Team shall file a formal
request to conduct operation outside of AOR addressed to DG, PDEA copy
faxed Headquarters, AIDSOTF and NCRPO RAIDSOT Group.

E. In all stages of the anti-drug operations, the PNP Rules of Engagement

should be observed. In addition, the following should be observed:

1. Pre-Operations Stage:

e. There shall be maintained After Casing and Surveillance Reports on

the targets not only to convince the court that the arrest of suspect
or suspects is a result of a case build-up but also to disprove
charges later on that evidence recovered were planted. This is the
best way to refute countercharges and harassment charges arising
from drug arrests conducted by the AID Team.
f. Pursuant to the mandatory requirements of R.A. 9165, there should
be a Pre-Operations Report submitted to PDEA copy faxed
Headquarters, AIDSOTF and NCRPO AIDSOT Group.
g. Coordination Forms should also be properly accomplished and
furnished concerned territorial police units so that they can be
advised of the presence of AID Teams in the area conducting
legitimate anti-illegal drug operations.

2. Operations Stage:

a. Be guided by the pertinent provisions of R.A. 9165 particularly 'Sec.

21. (1) The apprehending team having initial custody and control of
the drugs shall, immediately after the seizure and confiscation,
physically inventory and photograph the same in the presence of
the accused or the person from whom such items were confiscated,
or his representative or counsel, a representative from the media
and the DOJ, and any elected public official who shall be required
to sign the copies of the inventory and be given a copy thereof.'
b. whatever the result of the operation, if the AID Team operated
outside of its AOR, the Team Leader or his authorized
representative shall make an exit call either through personal

31
 appearance or cellphone call and inform the host territorial unit of
the result of operation whether positive or negative without
necessary going into details.
c. Immediately after an arrest is made, Team Leader should inform TF
Commander, AIDSOTF and RD, NCRPO through text the initial
result of operation for their information. (TF Commander, AIDSOTF
CP No: 09178131310)

3. Post-Operations Stage:

To insure a strong case against arrested suspect, avoid charges of

Arbitrary Detention and other countercharges, have proper documentation of
suspect and remove opportunities for corruption, the AID Team Leader
should immediately cause the performance of the following upon returning
station:

a. Bring suspect to crime lab for drug test and testing for presence of
ultra-violet powder if ultraviolet powder-dusted buy bust money
was used.
b. Bring seized drug evidence to Crime Laboratory for laboratory
examination. (NLT six hours from time of arrest. Otherwise,
Request for Laboratory Examination should have a Letter-
Endorsement from the District Director concerned explaining the
delay in the submission of the drug specimen to the Crime
Laboratory for examination.)
c. Bring suspect to the hospital for medical checkup.
d. Completely fill up Arrest and Booking Sheet including taking mug
shots of arrested suspect.
e. Submit Spot Report.
f. Make separate affidavits of arrest.

Evidence Handling

Physical evidence of various types can do much to augment the inevitable

oral evidence in a prosecution involving drugs. The investigator should be
constantly on alert to obtain physical evidence during an inquiry for presentation
in court.

Drug Seizures

One officer, preferably the officer who made the seizure, should be
detailed to take charge of the drug found. The following procedure should guide
him:

32
1. Identify the seizure in some permanent way using indelible markings
or non-removable labels or wax-sealed tie on tag.
2. The identification should give details of the time, date and place of
seizure, and the name of the owner or suspect where an arrest had
been made.
3. The officer should complete the identification of the seizure by placing
his initials or signature on the identifying label.
4. Where a suspect charged demands a sample of the seized drug for
independent analysis, the desired sample should be place in a suitable
container. This should then be sealed in such a way as to prevent
tampering with, preferably with the signature of the suspect and the
officer appearing on the seal and delivered by the suspect or his
representative and the officer to the analyst nominated by the suspect.
5. Where the seizure is later taken by another officer - as in during
questioning - that drug is shown to suspect during questioning - that
officer should continue the chain of identification by placing his initials
on the label.
6. The seized drug should be held by as few parties as possible. A
permanent written record of the movement of the seizure, noting
times, dates and signatures of receiving parties, should be maintained.
7. As soon as after seizure, the drug should be sealed in a container in
such a way as to prevent loss or tampering with. The seal should be
affixed in such a way that it will be impossible to open the container
without breaking the seal. The seal should bear the same identification
as the seizure itself.
8. The seizure should be retained by the officer in the area designated by
his command, the security of which will satisfy the scrutiny of the
court.
9. Where the nature of the seizure requires special storage conditions or
facilities, this should be arranged and the security of the seizure
maintained.
10. At the first opportunity, the officer should himself deliver the seized
drug(s) to the laboratory for examination.
11. If the commitments of the officer holding the seized drug(s) are such
that he cannot travel to the laboratory, he should hand the same to
another officer who should make the delivery personally.
12. If personal delivery is not possible, the seized drug(s) should be
carefully packed in a parcel which is then sealed. This should be
adequately addressed and shipped by certified delivery mail.
A separate letter should be addressed to the laboratory by the
officer, fully describing the parcel, its contents, its seal, and the mode
of shipment, with a request for a written receipt of the parcel from the
laboratory. To minimize the number of witnesses called to prove the

33
 chain of custody, the letter should indicate that the parcel is to be
opened by the analyst who is to make the examination.

Photographs

A permanent written record should be kept relating to photographs taken

in the course of an investigation, noting the time, date and place of the
photograph, its subject the weather condition at the time it was taken. The
technician might also note details of film and camera operations.
Several prints of each photograph should be obtained, and on one copy,
these details should be recorded together with the name of the officers who can
"prove" the photograph. The other print copies be retained unmarked for
possible submission to the court. Valuable corroborative evidence can be
adduced by photographs of, for instance, a meeting between two offenders.

Court Process

Many drug seizures are made as a result of a raid covered by a search

warrant issued by the courts. The warrant authorizing such search usually
becomes an item of physical evidence in a subsequent prosecution. The
investigator should hindered by a successful court challenge of the validity of the
warrant because of the manner of its issue or execution.

Documents

Documents, which may become evidence in a prosecution, should be

retained in their original form. They should be treated in much the same manner
as drug seizures with regard to identification, and it is suggested that all under
whose supervision this is done can later "prove" the original, particularly in cases
where returned to a person for production later in court.

Investigative Records

Records in this particular category include:

1. Information on a suspect of drug movement

2. Results of background inquiry on a suspect
3. The log or running sheet kept on investigator and suspect movement
during a surveillance or arrest
4. Investigator's notebook
5. Investigator's diaries
6. Investigator's notes of conversations, events or interviews

34
MODUS OPERANDI OF PUSHERS

Drug Cult Lingo, Local and International

A. Drug Abuse Jargons

A Bag – a pocket of drug

A Fix – one injection of opiate
A Hit – slang for injection of drugs
Acid – slang term for LSD
Acid Head – LSD user
Coke – street slang for cocaine
Cold Turkey – withdrawal effects of opiate use
Downer – street slang for depressant
Drop – taking drug orally
Flashback – drug use after stoppage
Head – drug user
High – under the influence of drugs
Joint – an MJ cigar
Juni – heroin
Junkie – an opiate addict
Mainline/to shoot – injecting a drug into the vein
On-the-nod/Nodding – suspended sleep
Opiate – narcotic
Overdose – death occurred
Roach – butt end of a joint
Rush – the beginning of a high
Skin Popping – to inject a drug under the skin
Speed – amphetamines
Speed Freaks – amphetamine addicts
Stoned – intoxicating effect of a drug
Track – scars on the skin due to injection
Trip – reaction that is caused by drugs
Uppers – street slang for amphetamines
Work – apparatus for injecting a drug

B. Synonyms of Different Drugs Commonly Abused

Marijuana - Pot, Grass, Weed, Refer, Dope, Mary Jane, Sinsomilla, Acapulco
Gold, Thai Sticks, "Damo"

Inhalants

35
 1. Nitrous Oxide - Laughing gas, Whippets
2. Amyl Nitrite - Poppers, Snappers
3. Butyl Nitrite - Bolt, Locker room, Bullet
4. Chlorohydrocarbon - aerosol spray
5. Hydrocarbon - Solvents

Stimulants

1. Cocaine - Coke, Flake, White blow, Nose candy, C, Snow bird, Lady
2. Crack or Cocaine - Crack, Freebase, rocks, Rock
3. Amphetamine - Speed, Uppers, Ups, Black pep pills, Co-pilot,
Bumblebees, Heart, Footballs
4. Methamphetamine - Crack, Crystal math, Methedrine, Speed, "Shabu"

Depressants

1. Barbiturates - Downers, Barbs, Blue drills, Red devils, yellow jackets,

Nembutal, Seconal, Amytal, Tuinals
2. Methaqualone - Quaaludes, Ludes, Soppers, Mandrakes
3. Tranquilizers - Valium, Librium, Equanil, Miltown, Serax, Tranxene

Hallucinogens

1. Phencyclidine - PCP, Angel dust, Hog, Love boat, Killer weed, Lovely,
Cyclone, Dead on Arrival (DOA)
2. Lysergic Acid Diethylamide - LSD, Acid, Green or Red dragon, White
lightning, Blue heaven, Sugar cubes
3. Mescaline and Peyote - Mesc, Buttons, Cactus
4. Psilocybin - Magic mushrooms, Mushrooms

Narcotic

1. Heroin - Smoke, Horse, Brown sugar, Junk, Mud, Big H, Black tar
2. Methadone - Dolly, Dolophine, Methadose, Amidone
3. Morphine - Pectoral syrup, Sweet amorpheus
4. Codeine - Empirin compound with codeine, Codeine, Codeine in cough
medicines
5. Meperidine - Pethidine, Demerol, Mepergan
6. Opium - Paregoric, Dakers powder, Parapectolin
7. Other Narcotics - Percocet, Parcodon, Tussiunex, Fentanyl, Darvon, Valium,
Lomotil

36
ILLICIT DRUG TRAFFICKING

Drug Trafficking is also known as Illegal Drug Trade. It is a global black

market activity consisting of production, distribution, packaging and sale of illegal
psychoactive substances. It simply involves smuggling across borders and
distribution within the demand country. This set up applies in the local scene
where local producers’ scouts demand areas for their illegal drug trade.
A mule is a lower echelon criminal recruited by a smuggling organization
to cross a border carrying drugs, or sometimes an unknowing person in whose
bag or vehicle the drugs are planted for the purpose of retrieving them
elsewhere.

There are two primary means of distribution:

1. Hierarchy
2. Hub-and-spoke layout

A hierarchical arrangement includes the manufacturer who uses his own

men to smuggle, wholesale and store and distribute the drugs. A hub-and-spoke
layout takes advantage of local gangs and other localized criminal organizations.

A Drug Syndicate is a group of organized and professional criminals with a

formal hierarchy of organization set in illicit drug trade. It is also otherwise
known as drug cartel.

One of the known world’s notorious drug syndicate is the Columbian

Medellin Cartel, founded during the 1980’s by Colombian drug lords Pablo
Escobar Gaviria and drug bosses Jose Gonzalo Rodriguez Gacha and the top aid
cocaine barons Juan David and the Ochoa brothers.

The Cali Cartel was another drug cartel based in the south part of
Colombia, around the city of Cali. Gilberto Rodriguez Orejuela founded the Cali
Cartel in the 1970’s with his brother Miguel Rodriguez Orejuela, Jose Santcruz
Londono and Helmer “Pacho” Herrera.

The Norte del Valle Cartel or North Valley Cartel is a drug cartel which
operated principally in the north of the Valle del Cauca region of Colombia. It
rose to prominence during the second half of the 1990’s after the Cali Cartel and
the Medellin Cartel fragmented.

37
 The leading drug lords of the Norte del Valle Cartel included Diego Leon
Montoya Sanchez alias “Don Diego”, Wilber Varela alias “Jabon” (Soap), and
Hernando Gomez Bustamante alias “Rasguno” (Scratch).

How Dangerous Drugs Reach the Philippine Territory

Dangerous drugs manage to pass through the international airports of the

Philippines because of corrupt and inefficient drug enforcement personnel and
lack of necessary equipment for detecting illegal drugs. The canine dog is the
most effective in intercepting illegal drugs.

Sea Harbors

The drug traffickers use big containers in bringing in the illegal drugs
hidden beneath commercial items declared as electronic materials, motor parts,
surplus engines and other surplus motor parts. Occasionally, police seize illegal
drugs inside the imported vehicles.

On several incidents the police authorities were able to establish a positive

intelligence and seized a huge amount of illegal drugs and after which fight
ensued which resulted on the death of drug traffickers. Another involved three
foreign vessels passing through on a specified date and time which were
intercepted by the local fishing boat hired by the local syndicate. Police laxity for
obvious reason is another regular navy patrol boats specifically for this purpose.

Philippine Coast Lines

Considering that the Philippines is composed of many islands it is difficult,

almost close to impossible, for our police patrol to go after vessels coming in
with illegal drugs.

Another illicit way of drug trafficking is by way of the barter trade in

Mindanao. Muslim traders in Zamboanga and Sulu are front for marijuana
trading.

Drug Trafficking in the Philippines

Three (3) major drugs of abuse dominate the drug scene in the country.
The first is methamphetamine hydrochloride commonly known as “shabu”, which
is the main drug of abuse. The second is marijuana. According to some sources,
the Philippines has become the world’s second biggest source of marijuana after
Mexico, producing about $1.4 billion worth each year. The third is

38
methylenedioxymethamphetamine (MDMA) or ecstacy, which is now sweeping
an elite market

Methamphetamine Hydrochloride (Shabu)

Methamphetamine is the popular drug of abuse in the country today. In

the 1990’s, stimulant abuse emerged in many ASEAN countries. The Philippines
is probably the first ASEAN country that faced severe stimulant abuse.

Huge bulk of shabu that enters the Philippines comes directly from
Southern China where most of the shabu laboratories are located. Of the 15
major interdictions since 1993, 7 were shipped directly from Southern China. Five
(5) shipments were from South China but they passed through Hong Kong first
before they were rerouted to the Philippines. At least one shipment passed
through Taiwan first. Lately, NARGROUP learned that the shipments at Quezon
and Zambales came directly from North Korea.

Today, the local drug scene had gained a new dimension. Supply not only
comes from importation but also from local manufacturing.

Marijuana

Marijuana abounds but since the early nineties, it has seized to be the
drug choice. Most of what is produced locally is intended for markets in East
Asia, the Pacific, Australia, Europe, and the US. The UNDCP identified the
Philippines as a major marijuana producer and exporter.

The Cordillera Autonomous Region is the biggest producer of cannabis in

the country as evidenced by the number of plants and seeds confiscated within a
ten-year period from 1992 to 2001 with a total of 112,467,372 plants and seeds
seized.

Methylenedioxymethamphetamine (MDMA) or Ecstacy

Ecstasy is fast making its presence felt in the country. There is an increase
in reports about the use of “ecstasy” among young people, particularly in
nightclubs. Ecstasy, or MDMA is a synthetic drug that acts simultaneously as a
stimulant and a hallucinogen. It is strongly linked to music and dance culture and
has a growing user base among the elites (Class A and B). While some users
confine their consumption to occasional use at social, music and dance events,
others develop regular use profiles, while a third group uses it both frequently
and intensively.

39
 There are reports stating that ecstasy is shipped directly from Amsterdam.
There are close to a thousand varieties of ecstasy tablets and capsules among
them, which are now available in Metro Manila are Orange Channel, Blue Adams,
Millennium, Blu Euros, Grin Hornets, Aigners, Achtung, and Mitsubishi. Studies
abroad reveal that the damage caused by ecstasy to one’s health is irreversible.

World Wide Drug Outlook

Golden Triangle:

1. Thailand
2. Laos
3. Myanmar

Golden Crescent:

1. Afghanistan
2. Pakistan
3. Iran
4. India

World Wide Perspective

a. Middle East – the Becka Valley of Lebanon is considered to be the

biggest producer of cannabis in the Middle East. Lebanon also became
the transit country for cocaine from South America to European illicit
drug markets.
b. Spain – is known as the major transshipment point for international
drug traffickers in Europe and became “the paradise of drug users in
Europe”.
c. South America – Columbia, Peru, Uruguay, and Panama are the
principal sources of all cocaine supply in the world.
d. Morocco – is known in the world to be the number one producer of
marijuana (cannabis sativa). However, Mexico is still a major producer
of cannabis.
e. Philippines – is second to Morocco as to the production of marijuana.
f. India – is the center of the world’s drug map, leading to rapid
addiction among its people.
g. Indonesia – Northern Sumatra has traditionally been the main
cannabis growing area in Indonesia. Bali Indonesia is an important
transit point for drugs en route to Australia and New Zealand.
h. Singapore, Malaysia and Thailand – is the most favorable sites of drug
distribution from the “Golden Triangle” and other parts of Asia.

40
 i. China – is the transit route for heroin from the “Golden Triangle” to
Hong Kong. It is also the country where the “epedra” plant is
cultivated. Epedra plant is the source of the drug ephedrine – the
principal chemical for producing the drug shabu.
j. Hong Kong – is the world’s transshipment point of all forms of heroin.
k. Japan – became the major consumer of cocaine and shabu from the
United States and Europe.

JURISDICTION OVER DANGEROUS DRUGS CASES

Jurisdiction. – The Supreme Court shall designate special courts from

among the existing Regional Trial Courts in each judicial region to exclusively try
and hear cases involving violations of this Act. The number of courts designated
in each judicial region shall be based on the population and the number of cases
pending in their respective jurisdiction.

The DOJ shall designate special prosecutors to exclusively handle cases

involving violations of this Act.

The preliminary investigation of cases filed under this Act shall be

terminated within a period of thirty (30) days from the date of their filing.

When the preliminary investigation is conducted by a public prosecutor

and a probable cause is established, the corresponding information shall be filed
in court within twenty-four (24) hours from the termination of the investigation.
If the preliminary investigation is conducted by a judge and a probable cause is
found to exist, the corresponding information shall be filed by the proper
prosecutor within forty-eight (48) hours from the date of receipt of the records of
the case.

Trial of the case under this Section shall be finished by the court not later
than sixty (60) days from the date of the filing of the information. Decision on
said cases shall be rendered within a period of fifteen (15) days from the date of
submission of the case for resolution.

Responsibility and Liability of Law Enforcement Agencies and other

Government Officials and Employees in Testifying as Prosecution Witnesses in
Dangerous Drugs Cases. – Any member of law enforcement agencies or any
other government official and employee who, after due notice, fails or refuses
intentionally or negligently, to appear as a witness for the prosecution in any
proceedings, involving violations of this Act, without any valid reason, shall be
punished with imprisonment of not less than twelve (12) years and one (1) day

41
to twenty (20) years and a fine of not less than Five hundred thousand pesos
(P500,000.00), in addition to the administrative liability he/she may be meted
out by his/her immediate superior and/or appropriate body.

The immediate superior of the member of the law enforcement agency or

any other government employee mentioned in the preceding paragraph shall be
penalized with imprisonment of not less than two (2) months and one (1) day
but not more than six (6) years and a fine of not less than Ten thousand pesos
(P10,000.00) but not more than Fifty thousand pesos (50,000.00) and in
addition, perpetual absolute disqualification from public office if despite due
notice to them and to the witness concerned, the former does not exert
reasonable effort to present the latter to the court.

The member of the law enforcement agency or any other government

employee mentioned in the preceding paragraphs shall not be transferred or re-
assigned to any other government office located in another territorial jurisdiction
during the pendency of the case in court. However, the concerned member of
the law enforcement agency or government employee may be transferred or re-
assigned for compelling reasons: Provided, that his/her immediate superior shall
notify the court where the case is pending of the order to transfer or re-assign,
within twenty-four (24) hours from its approval: Provided further, that his/her
immediate superior shall be penalized with imprisonment of not less than two (2)
months and one (1) day but not more than six (6) years and a fine of not less
than Ten thousand pesos (P10,000.00) but not more than Fifty thousand pesos
(P50,000.00) and in addition, perpetual absolute disqualification from public
office, should he/she fail to notify the court of such order to transfer or re-
assign.

Prosecution and punishment under this Section shall be without prejudice

to any liability for violation of any existing law.

Delay and Bungling in the Prosecution of Drug Cases. – Any government

officer or employee tasked with the prosecution of drug-related cases under this
Act, who, through patent laxity, inexcusable neglect, unreasonable delay or
deliberately causes the unsuccessful prosecution and/or dismissal of the said
drug cases, shall suffer the penalty of imprisonment ranging from twelve (12)
years and one (1) day to twenty (20) years without prejudice to his/her
prosecution under the pertinent provisions of the Revised Penal Code.

DANGEROUS DRUGS TEST AND RECORD REQUIREMENTS

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 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.

The following shall be subjected to undergo drug testing:

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.
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.

d) 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.
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.

43
 g) All candidates for public office whether appointed or elected both in the
national or local government shall undergo a mandatory drug test.
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.

Laboratory Examination or Test on Apprehended/Arrested Offenders . –

Subject to Section 15 of this Act, any person apprehended or arrested for
violating the provisions of this Act shall be subjected to screening laboratory
examination or test within twenty-four (24) hours, if the apprehending or
arresting officer has reasonable ground to believe that the person apprehended
or arrested, on account of physical signs or symptoms or other visible or outward
manifestation, is under the influence of dangerous drugs. If found to be positive,
the results of the screening laboratory examination or test shall be challenged
within fifteen (15) days after receipt of the result through a confirmatory test
conducted in any accredited analytical laboratory equipment with a gas
chromatograph/mass spectrometry equipment or some such modern and
accepted method, if confirmed the same shall be prima facie evidence that such
person has used dangerous drugs, which is without prejudice for the prosecution
for other violations of the provisions of this Act: Provided, that a positive
screening laboratory test must be confirmed for it to be valid in a court of law.

VICE AND RACKET INVESTIGATION

Vice

Vice is any immoral conduct or habit the indulgence of which leads to

depravity, wickedness or corruption.

Racket

Racket is a system of obtaining money or other advantages fraudulently

or undeservedly, usually with the outward consent of the victim.

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Racketeer

Racketeer is one who singly or in combination with others extorts money

or advantage by threats or violence or of unlawful interference with business.

Importance of the Study:

 The study of vice and rackets is important because these crimes are
ever present and persistent in all forms of society.
 It is important because vice and rackets affect the daily lives of more
people than any other crime.
 It is important because its evil effects are more disastrous, morally and
physically, than other crimes.
 It is important because commercialized vice and rackets disrupt the
social makeup of a community.
 It is important because its existence cause a serious problem in law
enforcement.

Obstacle to Enforcement of Vice Laws:

 Clandestine nature of acts.

 Lack of cooperation from players, customers and victims.
 Enjoyment of goodwill by vice operators.
 Public apathy and indifference.

Vice Control – The means adopted by the government in order to provide

appropriate regulatory measures in any vice activity.

Pornography – Refers to books, magazines, films, video’s and any other

materials that are designed to cause sexual excitement by showing naked
people and or sexual acts of either sex or gender.

Prostitution – A type of calling which involve the performance of sexual acts in

exchange for monetary consideration.

Prostitutes – Women, who for money or profit, habitually indulge in sexual

intercourse or lascivious conduct.

Gambling – A game of chance for stakes where money or anything of value is

involve.

Prohibited Vice – Those vices that in its very nature are prohibited by the moral
value of the people in the community and has finite laws prohibiting its
existence.

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Regulated Vice – Those vices that the community provides a means of social
control and regulated by existing laws and ordinances for purposes of
recreation and revenue.

Enforcement of Statutory Laws – The enforcement of laws enacted by the

national law making body such as the congress and the senate.

Enforcement of Rules and Regulations – Those enacted by the local executive

body of any political subdivision of the country.

CHAPTER V
Treatment and Rehabilitation of Drug
Dependents

GENERAL CONCEPT OF TREATMENT AND REHABILITATION PROGRAM

1. Medical and Physical Rehabilitation

2. Mental Rehabilitation

46
 3. Personality Development
4. Spiritual Awareness

Medical and Physical Rehabilitation

A patient is interviewed/assessed by a nurse. If found sick, the patient is

referred to the physician for the necessary treatment, if suffering from mental
illness (psychosis), the patient is referred to the psychiatrist (usually to the
Mental Health Program). After psychiatric treatment and the patient is cured
from mental illness, he is brought back to the Drug Center for the necessary
rehabilitation program. Patients after medical treatment will join the rigid
physical rehabilitation program which consists of different ball games, such as
basketball, volleyball and badminton. Physical fitness programs, such a different
calisthenics and jogging, are conducted daily, except Saturdays and Sundays, as
early as 4:30 to 7:00 in the morning. Martial arts are given to selected patients,
usually group leaders who assist the regular security force. It is scheduled three
times a week.

Mental Rehabilitation

Patients who pass mental examinations and who qualify are enrolled to a
complete high school program under the Department of Education, Culture and
Sports provided in some Drug Centers. Vocational courses are also provided in
some Centers under DECS. Special classroom instructions on drug education, its
effects on person, its family and society are conducted by doctors. Allotments are
provided for teachers from the Department of Education, Culture and Sports.

Personality Development

The services of a psychologist are provided for the personality

development. Different psychologist dynamic program are given to the patients.
Series of psychological examination are provided to test the mental personality
improvement of the patient. The services of the Social Workers are another
important and integral part of human rehabilitation. It deals with individual
responsibility in community development.

Spiritual Awareness

One of the effective forces that drive the human mind for improvement is
when he becomes aware of his spiritual obligation. This program is considered
the most effective when one identifies his own God, since the Philippines is 98%
Roman Catholic. It is best served by groups of seminarians and priests from Don
Bosco Seminary. Catechism is part of the curricular in high school aside from

47
special religious services during Sundays and novenas on Wednesday. Individual
or group counseling is given regularly to all drug patients.

VOLUNTARY SUBMISSION OF DRUG DEPENDENT TO CONFINEMENT,

TREATMENT AND REHABILITATION

A drug dependent or any person who violates Section 15 of this Act may,
by himself/herself or through his/her parent, spouse, guardian or relative within
the fourth degree of consanguinity or affinity, apply to the Board or its duly
recognized representative, for treatment and rehabilitation of the drug
dependency. Upon such application, the Board shall bring forth the matter to the
Court which shall order that the applicant be examined for drug dependency. If
the examination by the DOH-accredited physicians results in the issuance of a
certification that the applicant is a drug dependent, he/she shall be ordered by
the Court to undergo treatment and rehabilitation in a Center designated by the
Board for a period of not less than six (6) months: Provided, That a drug
dependent may be placed under the care of a DOH-accredited physician where
there is no Center near or accessible to the residence of the drug dependent or
where said drug dependent is below eighteen (18) years of age and is a first-
time offender and non-confinement in a center will not pose a serious danger to
his/her family or the community.

Confinement in a Center for treatment and rehabilitation shall not exceed

one (1) year, after which time 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.

EXEMPTION FROM CRIMINAL LIABILITY UNDER 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 subject to the following conditions:

1) He/she has complied with the rules and regulations of the Center, the
applicable rules and regulations of the Board, including the after-care and follow-
up program for at least eighteen (18) months following temporary discharge
from confinement in the Center or, in the case of a dependent placed 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: Provided, That

48
capability-building of local government social workers shall be undertaken by the
DSWD;

2) He/she has never been charged or convicted of any offense punishable

under this Act, the Dangerous Drugs Act of 1972 or Republic Act No. 6425, as
amended, the Revised Penal Code, as amended, or any special penal laws;

3) He/she has no record of escape from a Center: Provided, That had

he/she escaped, he/she 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

4) He/she poses no serious danger to himself/herself, his/her family or the

community by his/her exemption from criminal liability.

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 this Act, may be charged
under the provisions of this Act, but shall be placed on probation and undergo a
community service in lieu of imprisonment and/or fine in the discretion of the
Court, without prejudice to the outcome of any pending case filed in court.
Such drug dependent shall undergo community service as part of his/her
after-care and follow-up program, which may be done in coordination with non-
governmental civic organizations accredited by the DSWD, with the
recommendation of the Board.

CONFIDENTIALITY OF RECORDS UNDER THE VOLUNTARY

SUBMISSION PROGRAM

Judicial and medical records or drug dependents under the voluntary submission
program shall be confidential and shall not be used against him for any purpose,
except to determine how many times, by himself/herself or through his/her
parent, spouse, guardian or relative within the fourth degree of consanguinity or
affinity, he/she voluntarily submitted himself/herself for confinement, treatment
and rehabilitation or has been committed to a Center under this program.

49
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 10 of this 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:

a) He/she has not been previously convicted of violating any provision of

this 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 DOH-accredited physician; and

c) The Board favorably recommends that his/her sentence be

suspended.

While under suspended sentence, he/she shall be under the supervision

and rehabilitative surveillance of the Board, under such conditions that the court
may impose for a period ranging from six (6) months to eighteen (18) months.

Upon recommendation of the Board, the court may commit the accused
under suspended sentence to a Center, or to the care of a DOH-accredited
physician for at least six (6) months, with after-care and follow-up program for
not more than eighteen (18) months.

In the case of minors under fifteen (15) years of age at the time of the
commission of any offense penalized under this Act, Article 192 of Presidential
Decree No. 603, otherwise known as the Child and Youth Welfare Code, as
amended by Presidential Decree No. 1179 shall apply, without prejudice to the
application of the provision of this Section.

Discharge after Compliance with Conditions of Suspended Sentence of a

First-Time Minor Offender. – If the accused first time minor offender under
suspended sentence complies with the applicable rules and regulations of the
Board, including confinement in a Center, the court, upon a favorable
recommendation of the Board for the final discharged of the accused, shall
discharge the accused and dismiss all proceedings.

Upon the dismissal of the proceedings against the accused, the court shall
enter an order to expunge all official records, other than the confidential record
to be retained by the Department of Justice (DOJ) relating to the case. Such an
order, which shall be kept confidential, shall restore the accused to his/her status

50
prior to the case. He/she shall not be held thereafter to be guilty of perjury or of
concealment or misrepresentation by reason of his/her failure to acknowledge
the case or recite any fact related thereto in response to any inquiry made of him
for any purpose.

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
this Act but not more than eighteen (18) years of age at the time when
judgment should have been promulgated.

Promulgation of Sentence for First-Time Minor Offender – If the accused

first-time minor offender violates any of the conditions of his/her suspended
sentence, the applicable rules and regulations of the Board exercising supervision
and rehabilitative surveillance over him, including the rules and regulations of the
Center should confinement be required, the court shall pronounce judgment of
conviction and he/she shall serve sentence as any other convicted person.

Probation or Community Service 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 this Act is higher than that provided under existing law on probation, or
impose community service in lieu of imprisonment. In case of probation, the
supervision and rehabilitative surveillance shall be undertaken by the Board
through the DOH in coordination with the Board of Pardons and Parole and the
Probation Administration. Upon compliance with the conditions of the probation,
the Board shall submit a written report to the court recommending termination of
probation and a final discharge of the probationer, whereupon the court shall
issue such an order.

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
this Act. The completion of the community service shall be under the supervision
and rehabilitative surveillance of the Board during the period required by the
court. Thereafter, the Board shall render a report on the manner of compliance
or said community service. The court in its discretion may require extension of
the community service or order a final discharge.

In both cases, the judicial records shall be covered by the provisions of

Sections 60 and 64 of this Act.

51
 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.

CHAPTER VI
Scope and Objective of “The Comprehensive
Dangerous Drugs Act of 2002”

REPUBLIC ACT NO. 9165

52
AN ACT INSTITUTING THE COMPREHENSIVE DANGEROUS DRUGS ACT OF 2002
REPEALING REPUBLIC ACT NO. 6425, OTHERWISE KNOWN AS THE
DANGEROUS DRUGS ACT OF 1972, AS AMENDED, PROVIDING FUNDS
THEREFOR, AND FOR OTHER PURPOSES.

Short Title – This Act shall be known and cited as the “Comprehensive
Dangerous Drugs Act of 2002”.

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, as being one of
today's more serious social ills.

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 dependent through sustainable
programs of treatment and rehabilitation.

DEFINITION OF TERMS

a) Administer – Any act of introducing any dangerous drug into the body
of any person, with or without his/her knowledge, by injection, inhalation,
ingestion or other means, or of committing any act of indispensable assistance to
a person in administering dangerous drug to himself/herself unless administered
by a doctor or licensed practitioner for purposes of modification.

b) Board – Refers to the Dangerous Drugs Board under Section 77, Article
IX of this Act.

c) Centers – Any of the treatment and rehabilitation centers for drug

dependents referred to in Section 75, Article VIII of this Act.
d) Chemical Diversion – The sale, distribution, supply or transport of
legitimately imported, in-transit, manufactured or procured controlled precursors
and essential chemicals, in diluted, mixtures or in concentrated form, to any
person or entity engaged in the manufacture of any dangerous drug, and shall
include packaging, repackaging, labeling, relabeling or concealment of such
transaction through fraud, destruction of documents, fraudulent use of permits,
misdeclaration, use of front companies or mail fraud.

53
 e) Clandestine Laboratory – Any facility used for the illegal manufacture of
any dangerous drug and/or controlled precursor and essential chemical.

f) Confirmatory Test – An analytical test using a device, tool or equipment

with a different chemical or physical principle that is more specific which will
validate and confirm the result of the screening test.

g) Controlled Delivery – The investigative technique of allowing an

unlawful or suspect consignment of any dangerous drug and/or controlled
precursor and essential chemical, equipment or paraphernalia, or property
believed to be derived directly or indirectly from any offense, to pass into,
through or out of the country under the supervision of an authorized officer, with
a view to gathering evidence to identify any person involved in any dangerous
drugs related offense, or to facilitate prosecution of that offense.

h) Controlled Precursors and Essential Chemicals – Include those listed in

Tables I and II of the 1988 UN Convention against Illicit Traffic in Narcotic Drugs
and Psychotropic Substances as enumerated in the attached annex, which is an
integral part of this Act.

i) Cultivate or Culture – Any act of knowingly planting, growing, raising, or

permitting the planting, growing or raising of any plant which is the source of a
dangerous drug.

j) 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.

k) Deliver – Any act of knowingly passing a dangerous drug to another,

personally or otherwise, and by any means, with or without consideration.

l) Den, Dive or Resort – A place where any dangerous drug and/or

controlled precursor and essential chemical is administered, delivered, stored for
illegal purposes, distributed, sold or used in any form.

m) Dispense – Any act of giving away, selling or distributing medicine or

any dangerous drug with or without the use of prescription.

n) Drug Dependence – As based on the World Health Organization

definition, 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

54
take the substance and the difficulties in controlling substance-taking behavior in
terms of its onset, termination, or levels of use.

o) Drug Syndicate – Any organized group of two (2) or more persons

forming or joining together with the intention of committing any offense
prescribed under this Act.

p) Employee of Den, Dive or Resort – The caretaker, helper, watchman,

lookout, and other persons working in the den, dive or resort, employed by the
maintainer, owner and/or operator where any dangerous drug and/or controlled
precursor and essential chemical is administered, delivered, distributed, sold or
used, with or without compensation, in connection with the operation thereof.

q) Financier – Any person who pays for, raises or supplies money for, or
underwrites any of the illegal activities prescribed under this Act.

r) Illegal Trafficking – The illegal cultivation, culture, delivery,

administration, dispensation, manufacture, sale, trading, transportation,
distribution, importation, exportation and possession of any dangerous drug
and/or controlled precursor and essential chemical.

s) Instrument – Any thing that is used in or intended to be used in any

manner in the commission of illegal drug trafficking or related offenses.

t) Laboratory Equipment – The paraphernalia, apparatus, materials or

appliances when used, intended for use or designed for use in the manufacture
of any dangerous drug and/or controlled precursor and essential chemical, such
as reaction vessel, preparative/purifying equipment, fermentors, separatory
funnel, flask, heating mantle, gas generator, or their substitute.

u) Manufacture – The production, preparation, compounding or

processing of any dangerous drug and/or controlled precursor and essential
chemical, either directly or indirectly or by extraction from substances of natural
origin, or independently by means of chemical synthesis or by a combination of
extraction and chemical synthesis, and shall include any packaging, or
repackaging of such substances, design or configuration of its form, or labeling
or relabeling of its container; except that such terms do not include the
preparation, compounding, packaging or labeling of a drug or other substances
by a duly authorized practitioner as an incident to his/her administration or
dispensation of such drug or substance in the course of his/her professional
practice including research, teaching and chemical analysis of dangerous drugs
or such substances that are not intended for sale or for any other purpose.

55
 v) Cannabis or commonly known as “Marijuana” or “Indian Hemp” or by
its any other name – Embraces every kind, class, genus or specie of the plant
Cannabis Sativa L. including, but not limited to, Cannabis Americana, hashish,
bhang, guaza, churrus and ganjab, and embraces every kind, class and character
of marijuana, whether dried or fresh and flowering, flowering or fruiting tops, or
any part or portion of the plant and seeds thereof, and all its geographic
varieties, whether as a reefer, resin, extract, tincture or in any form whatsoever.

w) Methylenedioxymethamphetamine (MDMA) or commonly known as

“Ecstacy”, or by its any other name – Refers to the drug having such chemical
composition, including any of its isomers or derivatives in any form.

x) Methamphetamine Hydrochloride or commonly known as “Shabu”,

“Ice”, “Meth”, or by its any other name – Refers to the drug having such
chemical composition, including any of its isomers or derivatives in any form.

y) Opium – Refers to the coagulated juice of the opium poppy (Papaver

Somniferum L.) and embraces every kind, class and character of opium whether
crude or prepared; the ashes or refuse of the same; narcotic preparations
thereof or therefrom; morphine or any alkaloid of opium; preparations in which
opium, morphine or any alkaloid of opium enters as an ingredient; opium poppy;
opium poppy straw; and leaves or wrappings of opium leaves, whether prepared
for use or not.

z) Opium Poppy – Refers to any part of the plant of the species Papaver
somniferum L., Papaver setigerum DC, Papaver orientale, Papaver bracteatum
and Papaver rhoeas, which includes the seeds, straws, branches, leaves or any
part thereof, or substances derived therefrom, even for floral, decorative and
culinary purposes.

aa) PDEA – Refers to the Philippine Drug Enforcement Agency under

Section 82, Article IX of this Act.

bb) Person – Any entity, natural or juridical, including among others, a

corporation, partnership, trust or estate, joint stock company, association,
syndicate, joint venture or other unincorporated organization or group capable of
acquiring rights or entering into obligations.

cc) Planting of Evidence – The willful act by any person of maliciously and
surreptitiously inserting, placing, adding or attaching directly or indirectly,
through any overt or covert act, whatever quantity of any dangerous drug and/or
controlled precursor and essential chemical in the person, house, effects or in
the immediate vicinity of an innocent individual for the purpose of implicating,
incriminating or imputing the commission of any violation of this Act.

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 dd) Practitioner – Any person who is a licensed physician, dentist,
chemist, medical technologist, nurse, midwife, veterinarian or pharmacist in the
Philippines.

ee) Protector/Coddler – Any person who knowingly and willfully consents

to the unlawful acts provided for in this Act and uses his/her influence, power or
position in shielding, harboring, screening or facilitating the escape of any person
he/she knows, or has reasonable grounds to believe on or suspects, has violated
the provisions of this Act in order to prevent the arrest, prosecution and
conviction of the violator.

ff) Pusher – Any person who sells, trades, administers, dispenses, delivers
or gives away to another, on any terms whatsoever, or distributes, dispatches in
transit or transports dangerous drugs or who acts as a broker in any of such
transactions, in violation of this Act.

gg) School – Any educational institution, private or public, undertaking

educational operation for pupils/students pursuing certain studies at defined
levels, receiving instructions from teachers, usually located in a building or a
group of buildings in a particular physical or cyber site.

hh) Screening Test – A rapid test performed to establish

potential/presumptive positive result.

ii) Sell – Any act of giving away any dangerous drug and/or controlled
precursor and essential chemical whether for money or any other consideration.

jj) Trading – Transactions involving the illegal trafficking of dangerous

drugs and/or controlled precursors and essential chemicals using electronic
devices such as, but not limited to, text messages, e-mail, mobile or landlines,
two-way radios, internet, instant messengers and chat rooms or acting as a
broker in any of such transactions whether for money or any other consideration
in violation of this Act.

kk) Use – 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, any of the
dangerous drugs.

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UNLAWFUL ACTS AND PENALTIES

Importation of Dangerous Drugs and or Controlled Precursors

and Essential Chemicals

Penalty:

 Life imprisonment to death

 Fine ranging from Five hundred thousand pesos (P500,000.00) to Ten
million pesos (P10,000,000.00)

 Imprisonment ranging from twelve (12) years and one (1) day to
twenty (20) years
 Fine ranging from One hundred thousand pesos (P 100,000.00) to Five
hundred thousand pesos (P 500,000.00)

Financier:

 Maximum penalty

Protector/coddler:

 Twelve (12) years and one (1) day to twenty (20) years of
imprisonment
 Fine ranging from One hundred thousand pesos (P100,000.00) to Five
hundred thousand pesos (P500,000.00)

Sale, Trading, Administration, Dispensation, Delivery,

Distribution and Transportation of Dangerous Drugs and or Controlled
Precursors and Essential Chemicals

Penalty:

 Life imprisonment to death

 Fine ranging from Five hundred thousand pesos (P500,000.00) to Ten
million pesos (P10,000,000.00)

 Imprisonment ranging from twelve (12) years and one (1) day to
twenty (20) years
 Fine ranging from One hundred thousand pesos (P 100,000.00) to Five
hundred thousand pesos (P 500,000.00)

Financier:

58
  Maximum penalty
Protector/coddler:

 Twelve (12) years and one (1) day to twenty (20) years of
imprisonment
 Fine ranging from One hundred thousand pesos (P100,000.00) to Five
hundred thousand pesos (P500,000.00)

Maintenance of a Den, Dive or Resort

Penalty:

 Life imprisonment to death

 fine ranging from Five hundred thousand pesos (P500,000.00) to Ten
million pesos (P10,000,000.00)

 Imprisonment ranging from twelve (12) years and one (1) day to
twenty (20) years
 Fine ranging from One hundred thousand pesos (P 100,000.00) to Five
hundred thousand pesos (P 500,000.00)

Financier:

 Maximum penalty

Protector/coddler:

 Twelve (12) years and one (1) day to twenty (20) years of
imprisonment
 Fine ranging from One hundred thousand pesos (P 100,000.00) to Five
hundred thousand pesos (P 500,000.00)

Employees and Visitors of a Den, Dive or Resort

Penalty:

 Imprisonment ranging from twelve (12) years and one (1) day to
twenty (20) years
 Fine ranging from One hundred thousand pesos (P100,000.00) to Five
hundred thousand pesos (P500,000.00)

Manufacture of Dangerous Drugs and/or Controlled Precursors

and Essential chemicals

59
 Penalty:

 Life imprisonment to death

 fine ranging from Five hundred thousand pesos (P500,000.00) to Ten
million pesos (P10,000,000.00)

 Imprisonment ranging from twelve (12) years and one (1) day to
twenty (20) years
 Fine ranging from One hundred thousand pesos (P 100,000.00) to Five
hundred thousand pesos (P 500,000.00)

Financier:

 Maximum penalty

Protector/coddler:

 Twelve (12) years and one (1) day to twenty (20) years of
imprisonment
 Fine ranging from One hundred thousand pesos (P 100,000.00) to Five
hundred thousand pesos (P 500,000.00)

The presence of any controlled precursor and essential chemical or

laboratory equipment in the clandestine laboratory is a prima facie proof of
manufacture of any dangerous drug.

It shall be considered an aggravating circumstance if the clandestine

laboratory is undertaken or established under the following circumstances:

(a) Any phase of the manufacturing process was conducted in the

presence or with the help of minor/s;

(b) Any phase or manufacturing process was established or undertaken

within one hundred (100) meters of a residential, business, church or school
premises;

(c) Any clandestine laboratory was secured or protected with booby traps;

(d) Any clandestine laboratory was concealed with legitimate business

operations; or

(e) Any employment of a practitioner, chemical engineer, public official or

foreigner.

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 Illegal Chemical Diversion of Controlled Precursors and Essential
Chemicals

Penalty:

 Imprisonment ranging from twelve (12) years and one (1) day to
twenty (20) years
 Fine ranging from One hundred thousand pesos (P100,000.00) to Five
hundred thousand pesos (P500,000.00)

Manufacture or Delivery of Equipment, Instrument, Apparatus,

and Other Paraphernalia for Dangerous Drugs and/or Controlled
Precursors and Essential Chemicals

Penalty:

 Imprisonment ranging from twelve (12) years and one (1) day to
twenty (20) years
 Fine ranging from One hundred thousand pesos (P100,000.00) to Five
hundred thousand pesos (P500,000.00)

Possession of Dangerous Drugs

Penalty:

 Life imprisonment to death

 Fine ranging from Five hundred thousand pesos (P500,000.00) to Ten
million pesos (P10,000,000.00)

1) 10 grams or more of opium;

2) 10 grams or more of morphine;

3) 10 grams or more of heroin;

4) 10 grams or more of cocaine or cocaine hydrochloride;

5) 50 grams or more of methamphetamine hydrochloride or “shabu”;

6) 10 grams or more of marijuana resin or marijuana resin oil;

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 7) 500 grams or more of marijuana;

8) 10 grams or more of other dangerous drugs such as, but not limited
to, methylenedioxymethamphetamine (MDMA) or “ecstacy”,
paramethoxyamphetamine (PMA), trunethoxyamphetamine (TMA),
lysergic acid diethylamide (LSD), gamma hydroxybutyrate (GHB), and
those similarly designed or newly introduced drugs and their
derivatives, without having any therapeutic value or if the quantity
possessed is far beyond therapeutic requirements, as determined and
promulgated by the Board in accordance to Section 93, Article XI of
this Act.

Otherwise, if the quantity involved is less than the foregoing quantities,

the penalties shall be graduated as follows:

1) Ten (10) grams or more but less than fifty (50) grams of
methamphetamine hydrochloride or "shabu"

- Life imprisonment
- Fine ranging from Four hundred thousand pesos (P400,000.00) to Five hundred
thousand pesos (P500,000.00)

2) Five (5) grams or more but less than ten (10) grams of opium,
morphine, heroin, cocaine, marijuana resin or marijuana resin oil,
"shabu", "ecstacy", PMA, TMA, LSD, GHB

Three hundred (300) grams or more but less than five hundred (500) grams of
marijuana

- Imprisonment of twenty (20) years and one (1) day to life imprisonment
- Fine ranging from Four hundred thousand pesos (P400,000.00) to Five hundred
thousand pesos (P500,000.00)

3) Less than five (5) grams of opium, morphine, heroin, cocaine,

marijuana resin or marijuana resin oil, "shabu", "ecstacy", PMA, TMA,
LSD, GHB

Less than three hundred (300) grams of marijuana

- Imprisonment of twelve (12) years and one (1) day to twenty (20) years
- Fine ranging from Three hundred thousand pesos (P300,000.00) to Four
hundred thousand pesos (P400,000.00)

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 Possession of Equipment, Instrument, Apparatus and Other
Paraphernalia for Dangerous Drugs

Penalty:

 Imprisonment ranging from six (6) months and one (1) day to four (4)
years
 Fine ranging from Ten thousand pesos (P10,000.00) to Fifty thousand
pesos (P50,000.00)

Possession of Dangerous Drugs During Parties, Social Gatherings

or Meetings

Penalty:

Maximum penalties provided for in Section 11 of this Act, regardless of the

quantity and purity of such dangerous drugs

Possession of Equipment, Instrument, Apparatus and Other

Paraphernalia for Dangerous Drugs During Parties, Social Gatherings or
Meetings

Penalty:

Maximum penalty provided for in Section 12 of this Act shall be imposed

Use of Dangerous Drugs

Penalty:

 Six (6) months rehabilitation

 Imprisonment ranging from six (6) years and one (1) day to twelve
(12) years
 Fine ranging from Fifty thousand pesos (P50,000.00) to Two hundred
thousand pesos (P200,000.00)

Cultivation or Culture of Plants Classified as Dangerous Drugs or

Are Sources Thereof

Penalty:

 Life imprisonment to death

 Fine ranging from Five hundred thousand pesos (P500,000.00) to Ten
million pesos (P10,000,000.00)

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  Land or portions thereof shall be confiscated and escheated in favor of
the State

Financier:

 Maximum penalty

Protector/coddler:

 Twelve (12) years and one (1) day to twenty (20) years of
imprisonment
 Fine ranging from One hundred thousand pesos (P100,000.00) to Five
hundred thousand pesos (P500,000.00)

Maintenance and Keeping of Original Records of Transactions on

Dangerous Drugs and/or Controlled Precursors and Essential
Chemicals

Penalty:

 Imprisonment ranging from one (1) year and one (1) day to six (6)
years
 Fine ranging from Ten thousand pesos (P10,000.00) to Fifty thousand
pesos (P50,000.00)
 Revocation of the license

Unnecessary Prescription of Dangerous Drug

Penalty:

 Imprisonment ranging from twelve (12) years and one (1) day to
twenty (20) years
 Fine ranging from One hundred thousand pesos (P100,000.00) to Five
hundred thousand pesos (P500,000.00)
 Revocation of the license

Unlawful Prescription of Dangerous Drugs

Penalty:

 Life imprisonment to death

 Fine ranging from Five hundred thousand pesos (P500,000.00) to Ten
million pesos (P10,000,000.00)

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 Confiscation and Forfeiture of the Proceeds or Instruments of the Unlawful
Act, Including the Properties or Proceeds Derived from the Illegal Trafficking of
dangerous drugs and/or Precursors and Essential Chemicals. - Every penalty
imposed for the unlawful importation, sale, trading, administration, dispensation,
delivery, distribution, transportation or manufacture of any dangerous drug
and/or controlled precursor and essential chemical, the cultivation or culture of
plants which are sources of dangerous drugs, and the possession of any
equipment, instrument, apparatus and other paraphernalia for dangerous drugs
including other laboratory equipment, shall carry with it the confiscation and
forfeiture, in favor of the government, of all the proceeds and properties derived
from the unlawful act, including, but not limited to, money and other assets
obtained thereby, and the instruments or tools with which the particular unlawful
act was committed, unless they are the property of a third person not liable for
the unlawful act, but those which are not of lawful commerce shall be ordered
destroyed without delay pursuant to the provisions of Section 21 of this Act.

After conviction in the Regional Trial Court in the appropriate criminal case
filed, the Court shall immediately schedule a hearing for the confiscation and
forfeiture of all the proceeds of the offense and all the assets and properties of
the accused either owned or held by him or in the name of some other persons if
the same shall be found to be manifestly out of proportion to his/her lawful
income: Provided, however, That if the forfeited property is a vehicle, the same
shall be auctioned off not later than five (5) days upon order of confiscation or
forfeiture.

During the pendency of the case in the Regional Trial Court, 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.

The proceeds of any sale or disposition of any property confiscated or

forfeited under this Section shall be used to pay all proper expenses incurred in
the proceedings for the confiscation, forfeiture, custody and maintenance of the
property pending disposition, as well as expenses for publication and court costs.
The proceeds in excess of the above expenses shall accrue to the Board to be
used in its campaign against illegal drugs.

Custody and Disposition of Confiscated, Seized, and/or Surrendered

Dangerous Drugs, Plant sources of Dangerous Drugs, Controlled Precursors and
Essential Chemicals, Instruments/Paraphernalia and/or Laboratory Equipment -
The PDEA shall take charge and have custody of all dangerous drugs, plant
sources of dangerous drugs, controlled precursors and essential chemicals, as

65
well as instruments/paraphernalia and/or laboratory equipment so confiscated,
seized and/or surrendered, for proper disposition in the following manner:

1) The apprehending team having initial custody and control of the drugs
shall, immediately after seizure and confiscation, physically inventory and
photograph the same in the presence of the accused or the person/s from whom
such items were confiscated and/or seized, or his/her representative or counsel,
a representative from the media and the Department of Justice, and any elected
public official who shall be required to sign the copies of the inventory and be
given a copy thereof;

2) Within twenty-four (24) hours upon confiscation/seizure of dangerous

drugs, plant sources of dangerous drugs, controlled precursors and essential
chemicals, as well as instruments/paraphernalia and/or laboratory equipment,
the same shall be submitted to the PDEA Forensic Laboratory for a qualitative
and quantitative examination;

3) A certification of the forensic laboratory examination results, which

shall be done under oath by the forensic laboratory examiner, shall be issued
within twenty-four (24) hours after the receipt of the subject item/s: Provided,
That when the volume of the dangerous drugs, plant sources of dangerous
drugs, and controlled precursors and essential chemicals does not allow the
completion of testing within the time frame, a partial laboratory examination
report shall be provisionally issued stating therein the quantities of dangerous
drugs still to be examined by the forensic laboratory: Provided, however, That a
final certification shall be issued on the completed forensic laboratory
examination on the same within the next twenty-four (24) hours;

4) After the filing of the criminal case, the Court shall, within seventy-
two (72) hours, conduct an ocular inspection of the confiscated, seized and/or
surrendered dangerous drugs, plant sources of dangerous drugs, and controlled
precursors and essential chemicals, including the instruments/paraphernalia
and/or laboratory equipment, and through the PDEA shall within twenty-four
(24) hours thereafter proceed with the destruction or burning of the same, in the
presence of the accused or the person/s from whom such items were confiscated
and/or seized, or his/her representative or counsel, a representative from the
media and the DOJ, civil society groups and any elected public official. The Board
shall draw up the guidelines on the manner of proper disposition and destruction
of such item/s which shall be borne by the offender: Provided, That those item/s
of lawful commerce, as determined by the Board, shall be donated, used or
recycled for legitimate purposes: Provided, further, That a representative sample,
duly weighed and recorded is retained;

66
 5) 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 all instances, the representative
sample/s shall be kept to a minimum quantity as determined by the Board;

6) The alleged offender or his/her representative or counsel shall be

allowed to personally observe all of the above proceedings and his/her presence
shall not constitute an admission of guilt. In case the said offender or accused
refuses or fails to appoint a representative after due notice in writing to the
accused or his/her counsel within seventy-two (72) hours before the actual
burning or destruction of the evidence in question, the Secretary of Justice shall
appoint a member of the public attorney’s office to represent the former;

7) After the promulgation and judgment in the criminal case wherein the
representative sample/s was presented as evidence in court, the trial prosecutor
shall inform the Board of the final termination of the case and, in turn, shall
request the court for leave to turn over the said representative sample/s to the
PDEA for proper disposition and destruction within twenty-four (24) hours from
receipt of the same; and

8) Transitory Provision: a) Within twenty-four (24) hours from the

effectivity of this Act, dangerous drugs defined herein which are presently in
possession of law enforcement agencies shall, with leave of court, be burned or
destroyed, in the presence of representatives of the Court, DOJ, Department of
Health (DOH) and the accused and/or his/her counsel, and, b) Pending the
organization of the PDEA, the custody, disposition, and burning or destruction of
seized/surrendered dangerous drugs provided under this Section shall be
implemented by the DOH.

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.

67