Drug

Education in
the
Philippines
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Compilers:
Rica C. Paneda,RSW
Richard A. Dizon,RSW,MSW
 Laws and
Measurements
Lesson 3: Promoted by the
Government to
Fight Drug Use
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 REPUBLIC ACT
NO. 9165 Republic Act (R.A) No. 9165 is
otherwise paved way to create new laws that
increases penalties for drug related
known as offenses while placing more
Comprehensive emphasis on the rebuilding of lives
Dangerous Drug though rehabilitation and treatment.
Act of 2002
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 What are the
considered unlawful
by the Act?
It is stimulated in the law the imposition of
death penalty and a fine extending to P10
million on persons who shall import or bring in
to the country, see administer, trade, dispense,
deliver, distribute to another any dangerous
drugs. The same is true for those who shall
maintain a den, dive, or resort where any
dangerous drug is used or sold, and against
those who shall engage in the manufacture of
dangerous drugs.
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 R.A. 9165 likewise imposes
capital punishment to those
who shall possess any of the
following dangerous drugs:
• 10 grams or more of opium
• 10 grams or more of morphine
• 10 grams or more of heroin
• 10 grams or more of cocaine or cocaine
hydrochloride
• 50 grams or more of methamphetamine
hydrochloride or “shabu.”
• 10 grams or more of marijuana resin or
marijuana resin oil
• 500 grams or more of marijuana
• 10 grams or more of other dangerous
drugs such as but not limited to the
MDMA or “ecstasy,” PMA, TMA, LSD,
GHB, and those similarly designed or
newly introduced drugs and their
derivatives.
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 Those found positive for
the use of drugs shall be
placed in rehabilitation
centers for a minimum
period of six months.
However, those who will
be caught for the second
time will be sent to jail
and made to pay a fine.
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 UNLAWFUL ACTS FINE IMPRISONMENT

Importation of Dangerous Drugs and/or Controlled Precursors and Essential P 500T – P10M Life imprisonment to death
Chemicals

Sale: Trading: Administration: Delivery: Transport and Distribution of Dangerous P 500T – P10M Life imprisonment to death
Drugs and/or Controlled Precursors

Maintenance of a Den, Dive or Resort P 500T – P10M Life imprisonment to death

Employee and visitors of a Den, Dive or Resort P 100 – P500 T 12 years and one (1) day to 20 years

Manufacture of Dangerous Drugs and / or Controlled Precursors and essential P 500 – P10 M Life imprisonment or death
Chemicals

Illegal Chemical Diversion of Controlled Precursors and Essential Chemicals P100 T – P500 T 12 years and one (10) day to 20 years

Manufacture or Delivery of Equipment an other Paraphernalia for Dangerous Drugs P100T – P500 T 12 years and one (10) day to 20 years
and / or Controlled Precursors and Essential Chemicals

Possession of Dangerous Drugs P500 T – P 10 M Life imprisonment to death

Possession of Equipment, Instruments, Apparatus and Other Paraphernalia for P 10 T – P 50 T Six Months (6) and one (1) day to four days (4)
Dangerous Drugs

Possession of Dangerous Drugs during Parties, Social Gatherings or Meetings P500 T – P 10 M Life imprisonment to death

Possession of Equipment, Instruments, Apparatus and Other Paraphernalia for P 10 T – P 50 T Six Months (6) and one (1) day to four days (4)
Dangerous Drugs During Parties, Social Gatherings or Meetings

Use of Dangerous Drugs None for 1st Offense Six (6) months in rehabilitation center – minimum for the first offense

P50 T – P200 for 2nd Offense Six (6) years and one (1) day to 12 years for 2nd offense

Cultivation of Culture of Plants Classified as Dangerous Drugs P500 T – P10 M Life Imprisonment to death

Failure to Maintain and Keep Original Records of Transactions on Dangerous Drugs P10 T – P50 T One (1) year and one (1) day to six (6) years
and / or Controlled Precursors
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Unnecessary Prescription of Dangerous Drugs P100 T – P 500 T 12 years and one (1) day to 20 years
 What are considered
dangerous drugs?
• R.A. 9165 defines
dangerous drugs, removing
the distinction between
prohibited and regulated
drugs. The old law defines
the term "dangerous drugs"
as about either a "prohibited
drug" or a "regulated drug."
• Concerning the confiscated,
seized, and surrendered
dangerous drugs, plant
sources of dangerous drugs,
controlled precursors and
essential chemicals,
instrument s/ paraphernalia,
and/or laboratory equipment,
the Philippine Drug
Enforcement Agency
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(PDEA) shall have custody

on it.
 Can the accused
plea-bargain or
invoke the
probation law?

A person charged under

any Provision of R.A. 9165
shall not be allowed to
avail of the provision on
plea-bargaining. Persons
convicted for Drug
Trafficking or Pushing
under this law cannot avail
of the Probation Law's
privilege.
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 The following should undergo Drug Testing:
WHO ARE
REQUIRED • Applicants for Driver's License
TO • Applicants for firearm's license and permit to
UNDERGO carry firearms
DRUG • Students of secondary and tertiary schools
TESTING? • Officers and employees of public and private
officers
• Officers and members of the military, police,
and other law enforcement agencies
• All persons charged before the prosecutor's
office of a criminal offense punishable with
imprisonment of not less than six (6) years and
one (1) day.
• Candidates for public office, whether appointed
or elected in the national or local government.
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 Who shall Any government forensic
laboratory or any drug-testing
conduct the laboratory accredited and
drug monitored by the Department of
Health shall conduct drug tests.
testing?
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 What are the roles of the
family, students, teachers, and
school authorities in the
campaign of the government
against illegal drugs?
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 The family shall educate, make family members aware
of the illegal effects of drugs, and closely monitor
family members who may be prone to drug abuse.
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 Student councils and campus organizations should include their
activities, a program for the prevention of drug abuse, and drug-
dependent students' referrals for treatment and rehabilitation.
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 School curricula of public and private schools
should include instruction on drug abuse,
prevention, and control.
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 As persons in authority,
school heads, supervisors,
and teachers can apprehend
arrest or cause the arrest of
any person who violates any
of the unlawful acts
enumerated in Article II of
R.A. 9165.
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 What is expected from The Department of Education and
the department of the Technical Education and Skills
education and other Development Authority (TESDA)
shall develop, publish, and distribute
government agencies in information and support educational
the education sector? materials on dangerous drugs for
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students, faculty, parents, and the

community.
 WHAT IS THE SPECIAL
EDUCATION CENTER?
A particular education center shall be established in each
province to sponsor drug-prevention programs and
information campaigns and educate the out-of-school youth
and street children on the harmful effects of drugs.
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 PROGRAMS FOR
DRUG
TREATMENT AND
REHABILITATION
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 How is the voluntary submission program conducted?
A drug dependent may voluntarily apply to the dangerous Drugs Board for treatment
or rehabilitation. It can also be done by a parent, spouse, guardian, or relative.

The Board shall refer the matter to the court.

The court shall order that the applicant be examined for drug dependency.

If the applicant is found to be drug dependent by a DOH-accredited physician, the

court shall order the applicant to undergo treatment and rehabilitation for not less
than six (6) months.

After confinement in a center for treatment and rehabilitation, the court shall
determine whether the drug-dependent will undergo further confinement.
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After the applicant has been temporarily released; he will still be required to report to
the DOH for aftercare and follow-up treatment.
 HOW WILL THE DRUG
DEPENDENT BENEFIT
FROM THIS PROGRAM?

Aside from benefiting from the

treatment and rehabilitation,
the drug-dependent shall also
be exempt from the liability
imposed for drug abuse.
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 However, the applicant
should meet the
following
requirements:
• Compliance with rules and
regulations of the
rehabilitation center
• Has not been charged or
convicted of any offense
under R.A. 9165 of R.A.
6425 of the Revised Penal
Code.
• Has not escaped from the
Center.
• Poses no threat or danger
to himself, his family, and
the community.
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 Applicants who cannot meet these
rehabilitated after the second
commitment to the Center, shall be
charged for violation of Section 5 (Drug
Use).

A drug dependent who

escapes from the Center
may submit himself for
recommitment for one (1)
week. If he fails to submit
himself within one week, the
Dangerous Drug Board
shall apply to the court for
his recommitment. If he
escapes again, he will be
charged for violation of
Section 15 and be placed
under compulsory
confinement.
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 The Dangerous Drugs Board is the
policy-making and strategy–
formulating body to plan and
formulate programs on drug
prevention and control. It is
composed of 17 members to ensure
a wider presentation. It shall
promulgate rules and regulations to
carry out the provisions of R.A> 9165.

R.A. 9165 also mandates the creation

of the Philippine Drug Enforcement
Agency (PDEA). This shall serve as
the board's implementing arm and will
carry out the national drug campaign.

The PDEA shall have custody of all

dangerous drugs seized and establish
What are the functions of
forensic laboratories in each PNP
office. It shall cause the filing of the
the dangerous drugs board
appropriate criminal and civil cases to and the Philippine drug
violate all laws on dangerous drugs. It
is also required by R.A. 9165 to enforcement agency?
establish and maintain a national drug
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intelligence system.
 For further discussion about
the laws and measurements
on drugs, you may read EO
218 and R.A. 10640 to this
following sites:

• https://tinyurl.com/yyt7eryy
• https://tinyurl.com/y4oaus97
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 1. As stated earlier, the
policy is an effective way
to address challenges on
drugs. Do you think the
three specific policies
LEARNING learned is substantial in
resolving and addressing

ACTIVITY challenges in the

Philippines? How do you
say so?
Answer the 2. What do you think will

3
following happen if we do not have
laws on drugs in the
questions in a Philippines? Will it affect
piece of paper or 3.
you?
If you were to ask, in your
in the form of a viewpoint, do you think
document word. we have outstanding laws
that govern the
Philippines'
implementers? Why is it
we could still see some
significant challenges that
confront the welfare of
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the people? Expound your

thoughts.