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VICE AND DRUG EDUCATION AND CONTROL 8

Several years afterwards, problems related to addiction were


eventually recognized. For example, legal protection measures against
drug abuse in the US were first established in 1875, the year when
opium dens were finally outlawed in San Francisco, California. The
Pure Food and Drug Act of 1906 required that patent medicines
containing opium and certain other drugs be labeled accurately. This
was also the first national drug law implemented in the US. In 1914,
the Harrison Narcotic Act prohibited selling large doses of opiates
or cocaine, except by pharmacies and licensed doctors. Later, heroin
was also completely banned. Meanwhile, the subsequent decisions
of the US Supreme Court made it illegal for doctors to prescribe
narcotics to addicts. In fact, many doctors who prescribed
maintenance doses as part of an addiction treatment plan were
jailed, and pretty soon all treatment options were abandoned
altogether. As a result, the use of narcotics and cocaine became less
popular in the 1920s. By then, temperance had paved the way for
the total prohibition of alcohol by the 18th Amendment to the
Constitution in 1919. Neve rt heles s , the Prohibition was repealed in
1933.
Bythe 1930s, most USstates mandated the inclusion of an ti-dru g
education programs in all public schools. However, due to lingering
fears that knowledge would lead to experimentation, this initiative was
discontinued in most places. After the repeal of Prohibition, the US
Drug Enforcement Administration (then known as the US Federal
Bureau of Narcotics) began a campaign to present marijuana to the
public as a highly addictive substance. In the 1950s, marijuana use
saw a surge, along with the increased use of other drugs like
tranquilizers and amphetamines (Drug Addiction and Drug Abuse,
2012).
A decade later, the social upheaval of the 1960s in the US saw
a dramatic increase in drug use and some degree of increased social
acceptance. In fact, by the early 1970s many states and localities had
lowered drinking ages and even decriminalized marijuana in some
places. When the 1980s came, there was a decline in the use of these
drugs, but only to be replaced by other more powerful d rugs, such as
cocaine and crack, became popular. For the first time, the military
became involved in border patrols, and US troops invaded Panama and
brought Manuel Noriega, its de facto leader, to trial for drug
trafficking.
Throughout the years, public perception of the dangers associated
with specific substances have changed along with the changing
times. The US Surgeon General's warning labels- often prominently
placed in front of tobacco packaging- gradually increased public
awareness regarding the addictive nature of nicotine. Then, in 1995, the
US Food and Drug Administration began to regulate it and the
emergence of the fetal alcohol syndrome raised alarms and resulted
in the placement
VICE AND DRUG EDUCATION AND CONTROL 9

of warning labels to alcohol products. Around the same time, the


addictive nature of prescription drugs, such as valium and even coffee,
also came to light, thus placing them under public scrutiny.
In accordance with public perception, drug laws have also kept
pace with the changing perceptions and dangers of substance abuse.
More than 55 federal drug laws and many other state laws, which
were implemented during the 1970s, already specified various punitive
measu res, including death penalty and life imprisonment. To clarify
the situation, the Comprehensive Drug Abuse Prevention and Control
Act, promulgated in 1970, aimed to repeal, replace, or updated past
federal laws related to narcotics and dangerous drugs (Drug Addiction
and Drug Abuse, 2012).
Although possession was considered illegal, the most severe
penalties were reserved for the illegal distribution and production of
drugs. The Act handled the prevention and treatment of drug abuse
and aimed to control and manage drug traffic. In relation to this, the
Anti-Dru g Abuse Acts of 1986 and 1988 increased funding allocations
for drug treatment and rehabilitation.Specifically, the 1988Act created
the Office of National Drug Control Policy, and its director is given the
task of coordinating national drug control policies.

Motivations for Drug Use


People take drugs for the following reasons:
1. For relaxation
2. Stress relief
3. Inc rea s ed energy levels
4. Peer pressure
5. Pain relief
6. Escapism
7. Inc rea s ed s elf-es tee m
8. For recreation purposes
Specific exam ples include people who take stimulants to stay alert
as required in their respective jobs, those whoconsume cocaine to elicit
the feeling of excitemen t it produces, and athletes and bodybuilders
who take anabolic steroids to increase muscle mass (Motivations for
Drug Use, 2012).
VICE AND DRUG EDUCATION AND CONTROL 10

Worldwide Trends In Illegal Drug Production and Traffic king


Drug use rates throughout Asia remain at low levels, with the
annual prevalence rates of am pheta mine-type stimulants (ATS)
ranging between 0.2°/o and 1. 2 % of the total adult population.
Prevalence rates for other types of drugs are as follows: Opioids:
between 0.3% and 0.5%, Cannabis: between 0.1% to 3.1%, Ecstacy:
between 0.1% to 0.70%, and Cocaine: 0.05% of the total adult
population.
The overall rating is considered lower than the global average
worldwide. However, among the total number of drug users, Asia is
home to an estimated 25% to 40% of illicit drug users, 30% to 60% of
ATS users, and 60%of opiates users. Mor eove r, from East and South
East Asia reported higher levels of ATS use in 2011. In comparison,
cannabis is still the most commonly used illegal substance across
Europe, with an annual prevalance of 5.6%, followed by cocaine (0 .8 %),
opioids (0 .7 % ) and ATS (0.5%).
Many emerging trends in the trafficking of certain types of drugs
and their development as well as new markets and new modes of
transport have been reported. In drug trafficking, maritime seizures
are where the quantities lie. Based on the reported data from 1997 to
2011, each maritime seizure was, on average, almost four times larger,
30 times larger than consignments seized while being trafficked by air,
and almost four times larger than those trafficked by road and
railway channels (United Nations Office on Drugs and Crime
[UNODC], 2013)

Categorise of New Ps ychoactive Subs tances (NPS}


sold on the global market (UNO DC, 2013)
Ketamine: This is a type of anesthetic used for humans and
animals. It acts as a stimulant and a hallucinogen at low
and high doses, respectively. Owing to its popularity, it is
considered one of the most widespread types of NPS in Asia.
Piperazines : Commonly sold as "ecstasy," these have
gained popularity because of their properties that stimulate
the central nervous system. N-be nzylpipe raz in e (BZP) and 1-
(3-chlorophenyl) piperazine (mCPP) are among the most
commonly reported substances that belong to this group.
Phenethylamines: This group has substances related to
methamphetamine and amphetamine. These generally
produce stimulant effects. Recently, modified versions of
these compounds have been reported to yield such powerful
hallucinogens as Bromo-Dragonfly.
VICE AND DRUG EDUCATION AND CONTROL 11

Pla nt -bas e ds ub s tan ces : Plants with psychoactive


properties are commonly included in this group. There are two
most frequently reported forms of plant-based substances.
The first is khat (Catha edulis), which is a plant that is native
to the African and the Arabian peninsula. As the users
chew the leaves of this plant, this action releases stimulants
such as cathinone and cathin, which are absorbed in the user's
bloodstream. The second type of kratom (Mitragyna speciosa),
which is a plant indigenous to Southeast Asia. It contains
mitragynine, which is an alkaloid that acts as a stimulant and
as a sedative at low and high doses, respectively.
Synthetic cannabinoids: These receptor agonists generate
effects thataresimilar to those ofdelta- 9-
tetrahydrocannabinol (THC), which is the main psychoactive
component ofcannabis. Often, synthetic cannabinoids are
infused with herbal products and then sold under street
names such as "K2," "spice ," "kronic," etc.
Synthetic cathinones : These are derivatives and
analogues of the internationally controlled substance known
as cathinone, which in turn, is one of the chemically active
components of the khat plant. These cathinones often produce
stimulant effects and include commonly reported NPS, such
as methylenedioxypyrovalerone (MDPV) and mephedrone, to
name a few.
Other s ubstances : Those classified as other
substances include aminoindanes, which act as stimulants,
and tryptamines and phencyclidine-type substances, which act
as hallucinogens.

Ten Mos t Commonly Used Illegal Drugs Worldwide


1. Heroin
2. Crack cocaine
3. Methamphetamine
4. Cocaine
5. Marijuana
6. Opium
7. Ecstacy
8. LSD
9. PCP
10. Psilocybin mushrooms
VICE AND DRUG EDUCATION AND CONTROL 13

American prisons in the 1970s established contacts with American


gangs and organizations who then agreed to distribute and sell heroin.
Meanwhile, another ethnic group, the Chinese Muslim Panthay,
also became involved in drug trafficking. They are descendants of
Chinese Hui Muslim immigrants from Yunnan Province, China. Non
Muslim Jeen Haw and Chinese Panthays work with each other in
the Golden Triangle Drug trade. These groups engage in heroin trade
and are known to be part of the Triad societies working with other
Chinese groups operating in Thailand, including the 14K Triad and
the Hakka and TeoChiew. Ma Hseu h-fu a Chinese who hailed from
Yunnan Province, whose other professions included being a hotelier
and tea trading, was widely considered one of the most famous Jeen
Hawheroin drug lords of his time (Golden Triangle Drug Production,
n.d.).
At the same time, Ma Zhengwen, a Panthay from Burma, also
proved to be a useful ally to the Chinese drug lord Khun Sa when
the latter first sold heroin in northern Thailand. Over in Burma,
the Panthays also monopolized opium trafficking. These Panthays,
together with their established contacts, created secret drug routes
to smuggle drugs coming from Burma to the international market via
south China.

The Golden Crse cent


The Golden Crescent is another area in Asia where illicit opium
production takes place. This area is primarily located at the crossroads
of Western, South, and Central Asia and overlaps three countries,
namely, Iran, Pakistan, and Afghanistan. The mountainous peripheries
of these three countries constitute the so-called crescent. However,
of the three, only Pakistan and Afghanistan are opium producers,
while Iran serves as a trans-shipment route for these smuggled
opiates, aside from being a consumer of such illegal drugs (Steinberg,
1995).
According to the United Nations Office on Drugs and Crime
(UNODC), for the last 10 years, there have been significant changes in
the areas considered as primary sources of heroin. Specifically, heroin
production in Southeast Asia saw a dramatic decline, while heroin
production in Southwest Asia expanded. In 1991, Afghanistan became
the world's primary narcotic producer, with a yield of 1,782 metric tons
based on U.S. State Department estimates. This amount surpassed
those of other Asian nations, making it the global leader in narcotic
production.
VICE AND DRUG EDUCATION AND CONTROL 14

The decrease in opiate production from Asian nations is the result


of many years of undesirable conditions and revolving government
policies. Afgh a n - ba s ed opiate production experienced a
notabledecrease in 2001 as a result of the Taliban's opinion against
opiate production. At present, however, Afghanistan produces over
90°/o of the world's non-pharmaceutical-grade drugs. Aside from
opiates Afghanistan is also the world's largest producer of hasheesh
(Wright, 2009).
The Golden Crescent incorporates a much longer history
of narcotic production compared with Southeast Asia's Golden
Triangle. The Golden Triangle emerged as a modern opium-producing
entity only in the 1990s, while the Golden Crescent did so in
the 1950s. Moreover, the Golden Triangle began taking control over
the narcotic and painkiller market only in the 1980s, and since then,
it has steadily augmented its output to match the increasing global
demand. Throughout the invasion of Afghanistan in 2001, a revenge
against the September 11 terrorist attacks, the Golden Crescent's
narcotic production took a large hit; by then, it was only producing
nearly 90% less narcotic than in it did in 2000.
At the height of its narcotic production in 2007, the Golden
Crescent has just about monopolized illegal drug production in the
world. The Golden Crescent additionally caters to a much larger
market: it produces and distributes about 2,500 megatons of opiates
to various continents, such as Europe and Central Asia, providing
drugs to nearly 9.5 million drug users worldwide (Wright, 2009).
Despite global efforts to capture and seize the maximum amount
of illegal drugs produced, total drug seizures only brought in 23.5%of
the entire amount of products distributed throughout the world. Of those
seizures, majority are produced in the Middle East. In Afghanistan, only
1% of the opiates exported illegally are intercepted and destroyed by
the national government. Moreover, although Afghanistan is the major
producer of opiates within the Golden Crescent, most of the seizures are
made in Asian countries, their neighbor to the west. This may be due
to the fact that drug traffickers tend to distribute their merchandise to
Europe or wherever there's a high demand for opiates. The majority
of traffickers who transport the drugs produced within the Golden
Crescent are Russians, Uzbeks, and Tajiks. In Pakistan the bulk of
traffickers consist of 38% Nigerians and 32% Pakistanis.
These traffickers facilitate the transportation of drugs from
the manufacturing base to the end-user markets; despite the
risks involved, the hefty profits that can be made do not seem to
deter these traffickers from this illegal activity. The bulk of drugs
VICE AND DRUG EDUCATION AND CONTROL 15

made in Afghanistan comes from the Kandahar and Helmand


provinces, with Helmand being the foremost producer. Of the 5,300
tons of drugs made in Afghanistan, 2,700 tons are turned into opiates
(Drug Trafficking, United Nations Office on Drugs and Crime [UNODC],
N.D.).

-
ietn.am

Burma

Thailand .
'
,,

_.,,,.,,.
Areas known as the The Golden Triangle
and the Golden Crescent

The Main Sources of Cannabis Resin


By 2011, the major countries mentioned as the major sources of
cannabis resin included Morocco at the top, followed by Afghanistan,
and to a lesser degree, Lebanon, India, and Pakistan. In these countries,
seizures of cannabis resin frequently take place. However, we should
treat such data with caution as they do not make a distinction between
which countries are considered transit countries and which are
countries of origin (World Drug Report, UNODC, 2014).
VICE AND DRUG EDUCATION AND CONTROL 16

Illegal Drug Trade in the Philippines


At present, the illegal drug trade in the Philippines is
considered a critical national issue, with methamphetamine
hydrochloride (also known as shabu) and marijuana as two of the
most used and valued illegal drugs in the country. For the past few
years, ephedrine and methylenedioxy methamphetamine (also
known as ecstasy) are also among the list ofillegal drugs that
areofgreat concern to the authorities (Drug Situation in the
Philippines, 2009).

Marijuana Production
The Philippine Drug Enforcement Agency (PDEA) reported
that the mountainous parts of Luzon, Visaya s, and Mindanao are
very viable marijuana cultivation zones. Marijuana created within
the country is distributed regionally and is additionally exported to
different countries. The local distribution of marijuana has increased
since 2012 despite the destruction of illegal marijuana plantations
throughout the country.

Shabu Production
Since 2010, drug syndicates are manufacturing meth in small
scale and kitchen-type laboratories to prevent detection by Philippine
authorities. Normal ly, drug syndicates rent warehouses to be used
as their drug laboratories. These syndicates prefer renting houses in
private subdivisions, condominiums, and residential areas where they
can establish bases for their illegal drug production. Private properties
have become favorable to drug syndicates as sites of illegal drug
production. Shabu continues to enjoy high demand in the country
than cocaine, which is a more expensive illegal drug.

Transnational Drug Trade in the Philippines


International drug syndicates view the Philippines as an excellent
transit hub where they can carry out their illegal drug trade. Some
local drug syndicates are involved in the international illegal drug
trade, and these syndicates use drug mules to move small amounts
of illegal drugs to various target countries. Due to the geographical
mak e-up of the country, the Philippines is being unceasingly used as
transshipment conveyance hub of illegal drug traffickers both local
and foreign. The long shorelines of central and southern Philippines
VICE AND DRUG EDUCATION AND CONTROL 17

are typically used as the landing and/or entry points of illegal drugs
from China (Philippine Center on Transnational Crime [PCTC], n.d.).
Unfortunately, some overseas Filipino workers are also used by
drug syndicates as drug mules- either wittingly or unwittingly. In fact,
the Ninoy Aquino International Airport (NAIA) has been known as an
excellent illegal drug traffic hub. Today, the NAIA continues to be the
popular trafficking avenue for illegal drugs in tiny quantities ranging
from one kilo to mu lti-kilo transshipments by drug traders and drug
mules. Reports indicate that drug mules often hide their illegal cargo
in secret compartments of their bags, shoes, books or the garments
they're wearing.
Drug mules also place them within the bottom part of their
bags, in their purses, shoe boxes, bottles, small packages, and other
objects. Others go as so as far as wrapping up drugs around their
body, undergoing minor surgery to place the drugs inside their body, or
even ingesting the harmful drugs to avoid detection. In previous
reports, female drug couriers inserted the package into their privates,
whereas male drug mules inserted the drug packets into their anuses.
These strategies are common yet dangerous ways of moving tiny
amounts of drugs; a courier may die if a drug packet bursts before
exiting the body.
Perhaps due to poverty, many Filipinos choose to be involved in
drug trafficking owing to the promise of a high financial gain. Some
still participate in illegal activities because they are forced by certain
circumstances. There have been reports in the past that some
Filipinos were forced and blackmailed by drug syndicates to serve as
drug couriers; their refusal would mean that their family's safety
would be threatened (PCTC, n.d.).
In a report published in 2009, the Ma n ila -ba s ed firm, Pacific
Strategies & Assessments, identified the Philippines as not just a
transhipment point but as a key producer of synthetic drugs in all of
Asia. On December 2013, the Philippine National Police-Anti-Illegal
Drug Special Operations Task Force (PNP-AIDSOTF) confirmed reports
that the Mexican Sinaloa consortium had begun operations within the
country.
VICE AND DRUG EDUCATION AND CONTROL 18

Factors that contribute to the rampant


drug courier problem in the Philippines
Many Filipinos have fallen victim to syndicates' promise of
love/ marriage, as recorded in many arrests involving Filipina drug
couriers. Others were lured by the chance to travel, the promise of a
comfortable life, and/or having a high-paying job and easy cash. In
other words, the drug courier problem may also be attributed to
these factors:
1. Poor educational background
2. Rampant poverty
3. Unemployment
4. Easy money
5. Opportunity to travel

Commonly Abused Drugs in the Philippines


The commonly abused drugs in the Philippines include shabu,
methylenedioxymethamphetamine (MDMA) or ecstasy, marijuana,
cocaine, and ephedrine. These are but some of the ordinarily abused
drugs within the Philippines. Recently, the drug problem has reached
alarming proportions. The increasing number of arrested drug
traffickers ; seizures of huge volumes of dangerous drugs, controlled
precursors and essential chemicals; and the dismantlement of
clandestine laboratories since the conception of the powerful PDEA
show the extent and impact of the drug trade and drug abuse problem
within the Philippines (PCTC, n.d.).
The illegal trade of shabu has grown into a Pl billion-a-day
business. However, the drug has currently become more expensive;
thus, it is no longer "the poor man's cocaine," according to
antinarcotics agents and international drug reports. The current street
value of shabu in the country ranges from PlS,000 to Pl 7,000
depending on the demographic location. Such price increase may be
attributed, in part, to the government's success in dismantling many
clandestine laboratories throughout the country.
The worsening phenomenon of drug addiction in the country is
demonstrated by relevant data. In 1972, there were 20,000 drug users
within the Philippines. In 2004, this figure climbed to an astounding
million drug addicts throughout the country. Of all the available
illegal substances, shabu and marijuana are preferred by one in
every 29 Filipinos aged 10 to 44 years old (PCTC, n.d.).
VICE AND DRUG EDUCATION AND CONTROL 19

Profile of A Typical Drug User


Mean Age: 28 years old
Ratio of Male is to Female Users: 10:1
Civil Status: Single (58.21%)
Employment Status: Unemployed
Educational Attainment: High School Level
Average Monthly Household Income: Php 16,290.80
Residence: Urban Areas
Duration of Drug Use: More than 6 years
Nature of Drug Use: Polydrug-use

Summary
In the face of this mounting social problem, the Philippine
government has initiated measures to eradicate the supply of and
demand for illegal drugs. Unfortunately, drug lords, drug pushers,
and international syndicates often avoid prosecution as they use
their "dirty money" and invest them into legitimate businesses.
Despite their best efforts, the law enforcers cannot do it alone;
they need the help of prosecutors, judges, local government officials,
and even ordinary citizens. The successful eradication of the prevalent
drug problem must involve non-govern ment organ izations, schools,
churches, and all possible stakeholders who must do their share and
contribute to the battle against the drug problem in the country. By
all mean s , the country cannot afford to waste its future generation to
drug addiction. If the war on illegal drugs is lost, then the future of this
country shall be a bleak one.
VICE AND DRUG EDUCATION AND CONTROL 20

S tu dent's Name:
Year/ Section:
Instructor:
School:

Review Questions

1. Enumerate the top ten (10) most commonly used illegal drugs
worldwide.

2. What are the major highlights of the history of dangerous


drugs?
VICE AN D DRUG EDUCATION AND CO NT 21
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3. What is the difference between the Golden Triangle and the


Golden Crescent?

4. What are the factors that contribute to the rampant drug


courier problem in the Philippines?
VICE AN D DRUG EDUCATION AND CO NT 22
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CHAPTER II
DANGEROUS DRUGS: PRODUCTION AND TESTING

Learning Objec tives


At the end of this chapter, the student will be able to:

Clandse• tine
Identify the different kinds of clandestine laboratories;
Laboratories
• des
"Clan Enumerate the types of
tin e chemistry" equipment
refers to the used in
production of chemical
clandestine laboratories;
substances in a secret location, particularly within illegal drug
laboratories. Largerthe
• Identify labs are classifications
major usually operated by gangs
of drugs or organized
according to
crime groups that
their produce illegaleffects;
pharmacological drugs for distribution in the black
market. In comparison, smaller labs are run by individual chemists
who aim • toEnumerate
synthesizethesmaller
laboratory procedures
amounts performed
of controlled substances.
in examining dangerous drugs;
Sometimes, hobbyists can also operate small clandestine labs for
personal• use.
Examine
The term
the effects
"clandestine
of dangerous
lab" isdrugs
generally
on used in any
the individual and the society.
situation involving the production of illicit substances and compounds,
regardless of whether the facilities being used are of true laboratory
quality (Clandestine Chemistry, n.d.).
There are three types of clandestine laboratories.
Synthesis Laboratory- in thislab, rawmaterials are
combined in accurate portions and then reacted to create a
newfinished substance; the process is completed using
common laboratory practices, such as heating, cooling,
filtering, or stirring.
VICE AN D DRUG EDUCATION AND CO NT 23
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Conversion Laborato ry - in this lab, unrefined drug products


are chemically transformed into refined products using a
conversion process, in which the chemical structure of the
former is changed to create the latter.
Tableting Laboratory - this is a kind ofclandestine
laboratory wherein the final product is measured in
production dosage units (e.g., tablet) by passing the raw
materials through a machine processor.

Cland tine in the Ph ili ppi ne s


se Lasb
Traditionally, illicit drugs are smuggled into the country and were
never locally produced. In 1997, however, a clandestine laboratory
was discovered in Central Luzon, in which methamphetamine was
produced. A couple of years later, two other clandestine laboratories
were also discovered and dismantled; these labs also produced
methamphetamine. The discovery of these two laboratories seemed
to confirm the theory that drug syndicates had already shifted their
strategy from simple drug trafficking to illicit drug production through
production sites in the country.
In addition, a new trend has been recently observed in the
operations of clandestine laboratories in the Philippines. It had been
discovered that these groups were carrying out the production process
in stages. Unlike the traditional method where the whole production
process was done in one location, each stage of the production was
now carried out in different areas. This method of segregating the
production process made it easier for the labs to produce their illegal
products undetected (Drug Situation in the Philippines, 2009).
VICE AN D DRUG EDUCATION AND CO NT 24
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Typical Types of Equipment Found in a Clandestine Laboratory

1. Mixing Stage: Reaction vessel, mixer

2. Cooking Stage: Heat source (s tove , hot plate, etc.), reflux set-up
VICE AN D DRUG EDUCATION AND CO NT 25
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3. Concentration Stage: use of a rota-eva po ra to r se t up

4. Filtration Stage: Buchner funnel, filter paper, and suction pump


VICE AN D DRUG EDUCATION AND CO NT 26
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5. Hydrogenation Stage: consists of high pressure reaction vessel


and hydrogen tanks

6. Salting Out: presence of hydrochloric acids


VICE AND DRUG EDUCATION AND CONTROL 38

The image shows drug test kits. Theleft


kit shows a negative result to
methamphetamine and THC metabolites; the
middle kit indicates a positive result for
methamphetamine; the right kit indicates a
urine sample that is positive for THC
metabolites (i.e., Marijuana, in this case).

Forms of Specimen Tampering


• Dilution
• Substitution
• Adulteration

Dilution Techniques
• Internal dilution - Can be done by drinking plenty of
water or by using diuretic substances like coffee,
beer, or tea.
• External dilution - This can be done by adding
water to a specimen.

Effects of Dangerous Drugs


Effects on the Individual
People who use drugs experience a wide range of physical effects .
For ex am ple, the thrill ofa cocaine high is followed by a "cra sh," which
is a period ofhysteria, depression, fatigue, and an acute need to have
more cocaine to alleviate the emotions associated with the crash.
Marijuana and alcohol interfere with control and are factors in several
car-related accidents. Users hallucinogenic drugs, such as marijuana,
could experience unwanted recurrences of the drug's effects and
flashbacks weeks or months after initial use. Sharp abstinence from
certain drugs leads to withdrawal symptoms. For instance, heroin
withdrawal will cause vomiting, convulsions, muscle cramps, and
delirium. With the continuing use of a highly addictive drug, drug
tolerance usually develops. Thus, there is a need to perpetually increase
the amounts of drug required to duplicate the initial result.
Meanwhile, sharing hypodermic needles to inject some drugs into
one's body can increase the chance of getting AIDS and hepatitis, to
name a few diseases. Additionally, raised sexual activity among drug
VICE AND DRUG EDUCATION AND CONTROL 39

users additionally puts them at a greater risk of AIDS and STDs. When
the purity and indefinite quantity of illegal drugs are left uncontrolled,
drug overdose could also be a constant risk. There are more than
10,000 deaths associated to drug use in the USannually. These cases
most often include cocaine, heroin and morphine, usually combined
with alcohol or other drugs. Several drug users engage in criminal
activities, such as prostitution, theft, and burglary to raise the money
to buy drugs. Moreover, a few drugs, particularly alcohol, are related to
violent behavior (Drug Addiction and Drug Abuse: Effects of
Substance Abuse, 2012).

Effects on the Family


A drug user's preoccupation with the substance and its effects
on mood and performan ce, can lead to marital issues and poor work
performance eventually resulting in dismissal. Drug use will certainly
disrupt family life and build damaging patterns of codependency.
For example, the domestic partner or even the whole family may
unknowingly permit the user to continue exploiting drugs by covering
up, supplying money, or denying the existence of the problem.
Meanwhile, pregnant drug users, due to the drugs themselves or
poor self-car e, may bear a far higher rate of low birth-weight babies
than the typical pregnant woman. Specifically, several drugs, such as
heroin or crack, cross the placental barrier, leading to drug-addicted
babies who go through withdrawal after birth. Mor eove r, fetal alcohol
syndrome can also have an effect on the unborn children of mothers
who consume alcohol throughout pregnancy. Pregnant women who
also acquire the AIDS virus through contaminated IV use can also
pass the disease to their children (Drug Addiction and Drug Abuse:
Effects of Substance Abu se , 2012).

Effects on Society
Drug abuse affects society in various ways. For example, within
the workplace, drug abuse can lead to lost time and reduced
inefficiency. Drug users are more likely than non-drug users to
experience work related accidents that can endanger themselves and
those around them. Over half of common deaths in the US involve
alcohol. Moreover, d ru g-rela ted crimes can disrupt peaceful
neighborhoods due to threats to residents, violence among drug
dealers, and criminal activities of the drug addicts themselves. In
some neighborhoods, younger kids are recruited as lookouts and
helpers due to the lighter sentences
VICE AND DRUG EDUCATION AND CONTROL 40

given to juvenile offenders, and guns can become commonplace among


kids and adolescents for this reason. The great majority of homeles s
individuals have a drug or alcohol problem; soma may have a mental
illness, and many actually have all three.

One of the SOCO response to an event allegedly due to shabu peddling

Effects on the Body


Methamphetamine hydrochloride changes the heart muscle's
fibers. The fibers on the right side of the heart often lose many of their
cross-striations, which may cause decreased internal organ ability.
As a stimulant, these substances mimic the hormones responsible for
the release of energy within the body. Thus, the drugs are often used
to relieve fatigue, increase mental activity, and improve one's mental
and physical condition for a certain period.
Other effects of these drugs include the following:
• Loss of memory
• Extended wakefulness and increased mental alertness
• Loss of appetite leading to remittent body weights
• Irritability and anxiety
• Lack of interest towards work
• Chronic snorters suffer from frequent nose hemorrhage
VICE AND DRUG EDUCATION AND CONTROL 41

Effecst of Inhalanst
Inhalants refer to common household products, such as lighter
fluid, glue, cleaning fluids and paint, that produce chemical vapors
that can be inhaled. Inhalants are "consumed" through a variety of
ways. For example, they are breathed in through the nose via sniffing,
snorting, bagging (sniffing fumes from substances inside a plastic or
paper bag), huffing (done from an inhalant-soaked rag stuffed in the
mouth), or inhaling from balloons filled with nitrous oxide.
The noxious fumes can displace oxygen in the lungs, causing
the body to suffocate. As a result, inhalants can lead to severe brain
damage and death. Moreover, some chemical components of so-called
inhalants can lead to hearing loss, heart failure, and liver and kidney
damage. Furthermore, inhalant abuse can cause damage to the parts
of the brain that controls movement, thoughts, vision, and hearing.
Cognitive abnormalities can range from mild impairment to severe
dementia (Drug Addiction and Drug Abuse: Effects of Substance
Abuse, 2012).

Image shows Vulcaseal


(a kind of product used
as sealant) contained in
knot-tied transparent
plastic bag used for
sniffing.

Specifically, inhaled chemicals are absorbed through the lungs into


the blood and then quicklydistributed to the brain and different organs.
Many inhalants create effects that are similar to those of an esthetics
these effects reduce the body's ability to operate normally. Depending
on the degree of abuse, the user may experience slight stimulation,
loss of consciou sness, or reduced inhibition. Minutes upon inhalation,
the user mayexperience intoxication alongside different effects similar
to those created by alcohol.
The aforementioned effects might include thick speech, euphoria,
giddiness, and inability to coordinate movements. When the use of
inhalants issevere, abusers might feeldrowsy for many hours and
havea lingering headache. Other symptoms include muscle weakness,
weight
VICE AND DRUG EDUCATION AND CONTROL 42

loss, inattentiveness, disorientation, lack of coordination, depression,


irritability, and damages to the body's organs and systems. Prolonged
sniffing of harmful chemicals may induce irregular and rapid heart
rhythms and cause heart conditions and death. There is also a link
between inhalant use and issues in class and work performance, such
as chronic absences, failing grades, and a general sense of apathy.
Some damages may be reversed once inhalant abuse is stopped,
while some may be deemed irreversible with prolonged use. Given that
intoxication lasts only for some minutes, abusers try and prolong the
high by continuing to inhale repeatedly over the course of many hours,
which could be a terribly dangerous habit. "Sudden sniffing death" may
result from one session of inhalant use an otherwise healthy juvenile
person. Inhalant abuse can also cause death by asphyxiation from
perennial inhalations, which cause high concentrations of inhaled
fumes displacing the oxygen within the lungs.

Summary
In this chapter, a brief history of drugs has been cited along
with the illegal drug trade in the Philippines and the world. Then, the
major classifications of drugs are presented, along with the methods
used to manufacture them through clandestine laboratories. Next,
the laboratory procedures in the identification of such illegal drugs
are presented, which can help future investigators to understand
the scientific principles used in classifying these drugs in forensic
laboratories. The effects of dangerous drugs are also elaborated to
guide future lawenforcers on how to classify users of dangerous
drugs.
VICE AND DRUG EDUCATION AND CONTROL 43

S tu dent's Name:
Year/ Section:
Instructor:
School:

Review Questions

1. What are the different kinds of clandestine laboratories?

2. What are the common equipment used in clandestine


laboratories?

3. What are the major classifications of drugs according to their


pharmacological effects?
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The schedule a substance is placed in helps determine how it must


be controlled. Prescriptions for drugs in all schedules must bear the
physician's federal Drug Enforcement Administration (DEA) license
number, while some drugs in Schedule V do not require a prescription.
State schedules may vary from the federal schedules.
The Controlled Substances Act (CSA), Title IIof the Comprehensive
Drug Abuse Prevention and Control Act of 1970, serves as the legal
foundation of the government's crusade against the abuse of drugs
and illegal substances. This law consolidates many other laws that
aim to regulate the distribution and manufacture of narcotics,
depressants, stimulants, anabolic steroids, hallucinogens, and
chemicals used in the illegal production of controlled substances. The
Act also serves as a mechanism by which substances can be
controlled, decontrolled, classified, and reclassified.
Proceedings to modify the classification of a drug or other
substance may be initiated by the Drug Enforcement Administration
(DEA), the Department of Health and Human Services (HHS), or by
a petition from an interested party, which includes a state or local
government agency, a drug manufacturer, a pharmacy association, a
medical society or association, a public interest group concerned
with drug abuse, or an individual citizen. When a petition is received by
the DEA, the agency initiates its own investigation of the drug.
The DEA may also begin an investigation of a drug at any time
on the basis of information received from national and local law
enforcement and regulatory agencies, law enforcement laboratories,
or other main sources of information. Once the DEA has collected the
data, by authority of the Attorney General, the DEA Administrator
then makes a request for a scientific and medical evaluation as well
as a recommendation as to whether the drugs/substances should be
controlled or removed from the control. Such request is sent to the
Assistant Secretary of Health of the HHS (Comprehensive Drug Abuse
Prevention and Control Act of 1970, n.d.).
Next, the HHS extracts information from the Commissioner
of the Food and Drug Administration, after which evaluations and
recommendations from the National Institute on Drug Abuse, and
sometimes, from the scientific and medical community, are requested.
By authority of the Secretary, the Assistant Secretary collates the
information and transmits back to the DEA a scientific and medical
evaluation of the drug, along with a recommendation as to whether the
drug should be controlled, and in what category it should be placed.
The scientific and medical evaluations are binding to the DEA
in terms of the scientific and medical matters contained therein,
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respectively. Mea nwhile , the recommendation on classification is


binding only to the extent that the DEA may not control the substance
if HHSrecommends that the substance should not be controlled.
Once the DEA receives the evaluations from the HHS, the
Administrator is then tasked to evaluate all available data and make
a final decision as to whether a drug or other substance should be
controlled and into which classification they should be placed.
The CSA is also responsible for creating a closed distribution
system for those authorized to handle the substances that are
controlled. The main feature of this system lies in the fact that all
those authorized by the DEA to handle controlled substances must be
duly registered. All registered individuals and firms are then required
to maintain complete and precise inventories of all transactions that
involve the controlled substances; they must also ensure security for
the storage of the controlled substances (Comprehensive Drug Abuse
Prevention and Control Act of 1970, n.d.).

Schedule 1
Almost all the drugs in this schedule are illegal. They have a high
potential for dependence and abuse; thus, it is illegal for someone to
have them in his/her possession. Examples: LSD, marijuana,
Heroin.

Schedule 2
These drugs are highly addictive but remain in medical use. This
is because no satisfactory non-addictive alternative drug is yet to be
discovered nor made available. Prescription renewal, however, is not
allowed without a new prescription from a doctor. Example: some
kinds of barbiturates, cocaine, morphine, amphetamines.

Schedule 3
This group includes drugs with some potential for dependence
or drug abuse. Prescriptions can be renewed up to five times within
six months if authorized by a doctor. In some cases, prescriptions
must be confirmed in writing. Examples: appetite suppressants,
acetaminophen or aspirin with codeine.
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Schedule 4
These drugs are considered less likely to be abused or to cause
dependence compared with drugs in schedule 3. However, the
prescriptions are covered by the same regulations that govern schedule
3. Examples: choral hydrate, diazepam, phenobarbital.

Schedule 5
These drugs are regulated because they contain trace amounts of
narcotics. However, they are the least likely to be abused. Examples:
some antidiarrheal drugs and over-the-counter cough medicines

Republic Act No. 9165 or the Comprehensive


Dangerous Drugs Act of 2002 (Philippine Law}
Republic Act No. 9165 is a special law passed by the state to
amend the existing drug law, namely, Republic Act No. 6425 or the
Comprehensive Drugs Act of 1972. The drugs in RA No. 6425 were
categorized as Prohibited and Regulated, but in the New Drug Law,
the drugs were given a unanimous category of being dangerous drugs.
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
therefore, and for other purposes
Also known as the "Comprehensive dangerous drug act of 2002"
Signed: June 7, 2002
Published: June 19, 2002
Took effec t: July 4, 2002
IRR: August 30, 2002 and published October 31, 2002
Article I
Definition of Terms

Section 3. Definitions. As used in this Act, the following terms shall


mean:
(a) Administer. - Any act of introducing any dangerous drug into the
bodyof any person, with or without his/her knowledge, by injection,
inhalation, ingestion or other means, or of committing any act of
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indispensable assistance to a person in administering a dangerous


drug to himself/herself unless administered by a duly licensed
practitioner for purposes of medication.
(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 34, 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.
(e) Clandestine Laboratory. - Anyfacility used forthe 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.
(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.
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(1) 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 withou t the use of pres cri ption .
(n) 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.
(o) 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.
(p) Financier. - Any person who pays for, raises or supplies money for,
or underwrites any of the illegal activities prescribed under this Act.
(q) 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.
(r) 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.
(s) 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.
(t) Ma n u factu re. - 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
ch emical syn th esis or by a combination of ext raction and chem ica l
syn th es is, and shall include any packaging or repackaging of such
substances, design or configuration of its form, or labeling or
relabeling of its con tainer; 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
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and chemical analysis of dangerous drugs or such substances that


are not intended for sale or for any other purpose.
(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.
(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 whoacts 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/orcontrolled
precursor and essential chemical whether for money or any other
consideration.
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Unlawful Acts
Article
Unlawful Acts Fine Imprisonment
II
Importation of Dangerous
PS00T Life
Drugs and/or Controlled
Sec. 4 - imprisonment
Precursors and Essential
Chemicals Pl 0M to death
Sale, Trading, Administration,
Delivery, Transport and PS00T Life
Distr ibution of Dangerous Sec. 5 - imprisonment
Drugs and/or Controlled Pl 0M to death
Precursors
PS00T Life
Maintenance of a Den, Dive
or Resort
Sec. 6 - imprisonment
Pl 0M to death
P l 00T 12 years & one
Employees and Visito rs of
Sec. 7 - (1) day to 20
a Den, Dive or Resort
PS00T years
Manufacture of Dangerou s
PS00T Life
Drugs and/or Controlled
Precursors and Essential
Sec. 8 - imprisonmen
Pl 0M t to death
Chemicals
Illegal Chemical Diversion P l 00T 12 years & one
of Controlled Precursors and Sec. 9 - (1) day to
Essential Chemicals PS00T 20 years
Ma nu facture or Delivery
of Equipment and other
Pl00T 12 years & one
Paraphernalia for Dangerous
Sec. 10 - (1) day to
Drugs and/or Controlled
Precursors and Essential PS00T 20 years
Chemicals
PS00T Life
Possession of Dangerous
Sec. 11 - imprisonment
Drugs
Pl 0M to death
Possession of Equ ipm en t,
Pl0T Six (6) months
Instrument, Apparatus and
Sec. 12 - & one (1) day to
Other Paraphernalia for
PS0T four (4) year s
Dangerous Drugs
Possession of Dangerous PS00T Life
Drugs During Parties, Social Sec. 13 - imprisonment
Gatherings or Meetings Pl0M to death
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Possession of Equipment,
Instru ments, Apparatus
Pl0T Six (6) months
and Other Paraphernalia for
Sec. 14 - & one (1) day
Dangerous Drugs During
PS0T to four (4) years
Parties, Social Gatherings or
Meetings
Non e Six (6) months
for 1st & one (1) day to
offense four (4) years
P500T
Use of Dangerou s Drugs Sec. 15 Six (6) years
- and one (1 ) day
P20 0 T
to 12 years for
for 2nd
2nd Offense
Offense
Cultivation or Cultu re PS00T Life
of Plants Classified as Sec. 16 - imprisonment
Dan gerous Dru gs Pl 0M to death
Failure to Main tai n &
Keep Original Recor ds of P l 0T Six (6) mon t hs
Tr a ns a ction on Dangerous Sec. 17 - & one (1) day to
D ru gs and/or Controlled PS0T fou r (4) yea rs
Pr ecu rs ors
Pl 00T 12 years & one
Unnecessary Prescription
Sec. 18 - (1) day to 20
of Dangerous Drugs
PS00T years
PS00T Life
Unlawful Prescription of
Sec . 19 - im prison men
Dan ger ou s Dru gs
Pl 0M t to death

Republic Act No. 10640


Thestrengthening of the new drug law was amended to Repu blic
Act No. 10640 which focused on the chain of custody of confiscated
dangerous drugs from the seizing officers to the investigators on case
until the said items reach the forensic labora tory for exam ination . The
time element of 24 hours was no longer emphasized in the amended
drug law given that most of the cases reaching the la boratory
required ample amount of time to generate accurate and precise
reports.
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An act to further strengthen the anti-drug campaign of the


government, amending for the Purpose Section 21 of the Republic
Act No . 9165, otherwise known as the Comprehensive Dangerous
Drugs Act of 2002.
SECTION 1. Section 21 of Republic Act No. 9165, otherwise known
as the Comprehensive Dangerous Drugs Act of 2002", is hereby
amended to read as follows:
"SEC.21. 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
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 dangerous drugs, controlled precursors and essential chemicals,
instruments/paraphernalia and/or laboratory equipment shall,
immediately after seizure and confiscation, conduct a physical
inventory of the seized items and photograph the same in the presence
of the accused or the persons from whom such items were confiscated
and or seized, or his/ her representative or counsel, with an elected
public official and. A representative of the National Prosecution Service
or the media who shall be required to sign the copies of the inventory
and be given a copy thereof: Provided, That the physical inventory and
photograph shall be conducted at the place where the search warrant
is served; or at the nearest police station or at the nearest office of
the apprehending officer/team, whichever is practicable, in case of
warrantless seizures: Provided, finally, That noncompliance of these
requirements under justifiable grounds, as long as the integrity and
the evidentiary value of the seized items are properly preserved by the
apprehending officer/team, shall not render void and invalid such
seizures and custody over said items..
"(3) A certification of the forensic laboratory examination results,
which shall be done by the forensic laboratory examiner, shall be
issued immediately upon the receipt of the subject item/s: Provided,
That when the volume of 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 examina tion report shall be provisionally issued stating
therein the quantities of dan ger ous drugs still to be examined by the
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forensic laboratory: Provided , That a final certification shall be issued


immediately upon completion of the said examination
SEC. 2. Implementing Rules and Regulations (IRR). To implement
effectively the provisions of Section 21, the Philippine Drug
Enforcement Agency (PDEA) shall issue the necessary guidelines on the
IRR for the purpose in consultation with the Department of Justice
(DOJ) a n d relevant sectors to curb increasing drug cases.
SEC. 3. Separability Claus e. - If any provision or part hereofis held
invalid or unconstitutional, the remainder of the law or the provision
not otherwise affected shall remain valid and subsisting.
SEC. 4. Repealing Clause. All laws, presidential decrees or
issuances, executive orders, letters of instruction, administrative
orders, rules and regulations contrary to or inconsistent with the
provisions of this Act are hereby repealed, modified or amended
accordingly.
SEC. 5. Effectivity. - This Act shall take effect fifteen (15) days
after its complete publication at least two (2) newspapers of ge n era l
circu la tion .
Signed by the President of the Philippines last J uly 28, 2014

Presidential Decree No. 1619


Im plemented in July 23, 1979 by then President Ferdinand E.
Ma r cos , Pr es id en tia l Decree No. 1619 is a law passed to regulate the
volatile su bstances being abused to replace dangerous drugs that
produce hallucinations and induce addiction among its users. Most of
these volatile substances are common construction items being sold in
hardwares and used in the shoe industries as adhesives.
A Law penalizing the use or possession or the unauthorized sale to
minors of volatile substances for the purpose of inducing intoxication
or in any manner changing, distorting or disturbing the auditory,
visual, or mental process
Section 1. Volatile substances as used in this Decree shall mean and
include any liquid, solid or mixed substance having the property of
releasing toxic vapors or fumes containing one or more of the following
chemical compounds: methanol, ethanol, isopropanol, ethyl acetate,
n-propyl acetate, n-butyl acetate, acetone, methyl ethyl ketone,
methyl butyl ketone, benzene, toluene, xylene, stryene, naphtalene, n-
pentane, n-hexane, n-heptane, methylene chloride, trichloroenthylene,
tetrachloroenthylene, nitrous oxide, dichlorodifluoromethane,
chlorodifluorom eth an e, isoamyl nitrate, ether or chloroform or any
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other chemical substance which when sniffed, smelled, inhaled,


or introduced into the physiological system of the body produces
or induces a condition of intoxication, inebriation, excitement,
stupefaction, dulling of the brain or nervous system, depression,
giddiness, paralysis, or irrational behavior or in any manner
changing, distorting or disturbing the auditory, visual or mental
processes.
Section 2. The use or possession of volatile substances for the
purpose of inhalation to induce or produce intoxication or any of the
conditions described in the preceding section shall be punishable by
imprisonment ranging from six months and one day to four years and
a fine ranging from six hundred to four thousand, pesos: Provided,
however, That the provisions of Article VI, entitled "Reh a bili ta tive
Confinement and Suspension of Sentence", of Republic Act No. 6425,
as amended (otherwise known as the Dangerous Drugs Act of 1972),
shall, whenever appropriate, apply to the cases arising hereunder.
Section 3. The penalty of imprisonment ranging from four years
and one day to eight years and a fine ranging from four thousand
to eight thousand pesos shall be imposed upon any person who
sells, administers, delivers, or gives away to another, on any terms
whatsoever, or distributes, dispatches in transit or transports or who
acts as a broker in any of such transactions, any substance or mixture
of substances containing one or more of the chemical compounds
mentioned in Section one hereof for the purpose of inhalation to induce
or produce intoxication or any of the conditions described therein.
Section 4. The penalty of imprisonment ranging from four years and
one month to eight years and a fine ranging from four thousand to
eight thousand pesos shall be imposed upon any person, or group of
persons who shall maintain a den, dive or resort where any substance
or mixture of substances containing one or more of the chemical
compounds mentioned in Section one hereof is used for the purpose
of inhalation to induce or produce intoxication or any of the
conditions described therein.
Section 5. The sale of, and offer to sell, volatile substances to minors
without requiring the written consent of their parents or guardians
as a condition for such sale or offer to sell shall be punishable by
imprisonment ranging from six months and one day to four years and
a fine ranging from six hundred to four thousand pesos: Provided, That
when th e minor is eighteen years or over and is duly licensed to drive
a motor vehicle, such written consent shall not be necessary when
the volatile substance sold or offered for sale is gasoline or any other
motive fuel for motor vehicles.
Section 6. Thesale of, and offer to s ell, to minors of liquors or beverages
containing an alcoholic content of thirty per centum or above (60 proof
or above) is h e re by prohi bit e d and shall be punishablebyimprisonment
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ranging from six months and one day to four years and a fine ranging
from six hundred to four thousand pesos.
Section 7. The Dangerous Drugs Board is hereby empowered to issue
rules and regulations to carry out the purposes of th is decree, including
the treatment and rehabilitation of dependents on volatile substances
and their confinement in rehabilitation or commercial products
containing one or more of the chemical compounds mentioned in
Section one hereof, and the publication, whenever the need arises, in a
newspaper of genera l circu la tion, a list of the mentioned industrial or
commercial products the sale of which is restricted or prohibited
under the preceding sections.

Treatment and Rehabilitation of Drug Dependents


Steps in the Treatment and Rehabilitation of Drug Dependents
(Voluntary Submission, Voluntary Through Representation, and
Compulsory Confinement)
Step 1 Secure referral form for DDE at the Legal Affairs, Division,
Dangerous Dru gs Board.
Step 2 DDE is conducted by a DOH-accr edited physician.
Step 3 If the examination of the DOH-a ccred it ed physician results
in the issuance of a certification that the applicant is a drug
dependent, he or his parents/ guardian/ spouse shall submit
the DDE result to the Legal Affairs Division, along with other
requirements. The drug dependent or his parents, relatives/
guardian/spouse must fill in the application form prior to the
preparation of Petition for Confinement. This petition is to be
notarized and filed with the RTC where the drug dependent
resides. If the drug dependent is a minor, his parent/
guardian must fill in the applica tion and s ubmit the same for
the preparation of the petition.
Step 4 In case of compulsory confinement, a dependent's parents/
spouse/ rela tives must execute an affidavit, which states
that theyare submitting the alleged drug dependent for
treatment and rehabilitation. The Board will prepare a
Petition for Confinement and file the same with the Court.
The drug dependent or his parent/spouse/relatives may
decide on the treatment and rehabilitation center of their
choice. The Board may recommend government treatment
and rehabilitation centers, such as DOH-TRC in Tagaytay
City and DOH-TRC in Bicutan, Taguig City.
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Treatment Modalities
Drug treatment modality refers to the model or approach that
is used in the treatment of drug dependents by the treatment and
rehabilitation centers. There are several types of modalities used,
which are listed below (Treatment and Reha b ilita tio n, DDB, n.d.).
1. Eclectic Approach This aims to apply a holistic approach in the
rehabilitation program. The spiritual and cognitive components
of the 12 Steps complement the behavioral aspects of the
Therapeutic Community (item 2). The skills and services of
rehabilita tio n professionals and paraprofessionals are required
for this treatment approach. Here, different aspects of a drug
dependent's personality are well addressed and treated to
ensure holistic rehabilitation and recovery.
2. Therapeutic Community Approach This approach views
addiction as a symptomatic manifestation of a co m plex
psychological problem that mayberooted in an interplay among
one's social, physical, spiritual, and emotional values. This is a
highly structured program in which the community is utilized
as the primary vehicle to fos te r beha vior al and a tt it u dinal
changes in the dependent. The patient is motivated to change
his ways by experiencing how it is to be part of a com mu nity.
Role modeling plays a significant part in this program.
It is important to note that the goal of every therapeutic
community is to teach a patient about personal responsibility,
change his self-destructive thinking and behavioral patterns,
create a positive self-image, create a sense of human
community, and provide an environment wherein hu man
beings can grow and take responsibility for one's growth.
3. Multidisciplinary Team Approach This is a method
that employs a team of experts, including psychologists,
psychiatrists, occupational therapists, social workers, and
other related professional disciplines in collaboration with the
family of the pa tie nt and the drug dependent himself.
4. Spiritual Approach This approach uses the Bible as the
primary source of inspiration to induce change. It views drug
addiction as a sin and encourages the patient to turn away
from it and renew his relationships with the Lord .
5. Hazelden-Minnesotta Model This approach views addiction
as a disease or an involuntary condition caused by factors that
are largelyoutside a person's control. The program consists
of cognitive-behavioral psychology, didactic lectures, Alco h olic
Anonymous principles/ 12 Steps principles, and bibliotheraphy.
The program aims to treat patients with chemical dependency
by endorsing beliefs and values about the powerlessness of
VICE AN D DRUG EDUCATION AND CO NT 60
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people over drug taking and turning to a Higher Power to help


them "relieve" the disease. In this modality, both patients and
counselors collaborate and define the former's path toward
recovery.

Recommended Therapeutic Activities


Aside from the above, there are also many activities that can
be done alone, or in combination, to facilitate the treatment and
rehabilitation of drug dependents (Treatment and Rehabilitation, DDB,
n.d.).
Psychotherapy This is a form of treatment that deals with
problems of an emotional nature. Here, a trained professional
deliberately establishes a professional relationship with a
patient with the aims of resolving, modifying or retarding
existing symptoms; mediating disturbed behavioral patterns;
and promoting the positive growth and development of an
individual.
Individual therapy This involves a one-to-one relationship
between the patient and the counselor. Its main aim is to help
the former reduce or get rid of his drug-abusing behavior so
that he can get involved in productive work and develop his
own insights concerning his experiences and condition.
Group therapy This is a form of therapy, in which the
individual is provided assistance through a group. In this
process, each member receives immediate feedback from the
other members with regards his verbal and other forms of
behavior. Group encouragement and support are given to the
subject on the premise that these are effective devices that
can generate positive results that can lead to the behavioral
modification on the part of each member.
Family therapy This is a form of intervention that is based
on the recognition that the family, considered a primary social
unit, can also be a source of problem that can eventually lead
to a member's drug use. Family therapy may include initiating
environmental manipulation, restructuring the family,
strengthening family communication, and initializing discovery
of family members that can help facilitate the rehabilitation of
the drug dependent.
Counseling This is a process of providing assistance by a
center personnel to a needy patient in an individual or group
situation. This approach aims to enable the individual to
learn and pursue more realistic and satisfying solutions to
his difficulties. It is a problem-oriented strategy that helps the
VICE AN D DRUG EDUCATION AND CO NT 61
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individual understand himself and develop the ability to take


decisions and make choices.
Community work projects These include, tram1ng in
agricultu re, environmental and energy conservation projects,
tree-planting events, and other socio-civic and religious
activities, among others. Patients' participation in these
community projects can help them integrate into the society
and enable the community to understand patients' needs by
recognizing their potential.
Social reintegration This is a process of assisting the
patient to become a socially adjusted person upon his return
to the community. In addition, this helps him to become an
economically self-sustaining individual without the use of
drugs.
Sheltered workshop This provides training for skills
development and employment with proper compensation
in a controlled environment. This way a patient is give the
opportunity to increase his self-esteem and chances
forexternal placement.

Summary
In this chapter, the lawson the control and regulation of dangerous
drugs are discussed and presented. These include the Controlled
Substances Act of the United States, Republic Act No. 9165, Repu blic
Act No. 10640, and PD No. 16 19 .
Aside from the laws cited above, the author also discussed
the classifica tions of drugs according to the Controlled Substances
Act, the steps in securing the treatment and rehabilitation of drug
dependents, the different treatment modalities or approaches used in
drug treatment and rehabilitation, and the recommended therapeutic
activities for drug dependents.
VICE AN D DRUG EDUCATION AND CO NT 62
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Student's Name:
Year/ Section:
Instructor:
School:

Situational Analysis
A Drug Saturation Drive was conducted in the area of Pasig
City wherein a group of drug dependents were caught in the act of
sniffing shabu. Said drug dependents were arrested, and the shabu
paraphernalias found in the alleged drug den were confiscated. Upon
inspection of the pockets in one of the suspect name Joel, twosachets
of suspected Methamphetamine were found and the said items were
marked as JOEL 1 and 2. Upon reaching the Pasig Police Station, you
as the duty investigator on case of the Pasig City Station Anti-Illegal
Drugs Special Operations Group what cases will you file on the said
situation and why? Justify the said cases and state the articles and
provisions you will utilize in filing the case.

Question: What are the ways on rehabilitating a drug dependent,


enumerate and explain briefly.
VICE AN D DRUG EDUCATION AND CO NT 63
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CHAPTER IV
DIFFERENT FORMS OF VICES

Learning Objectives
At the end of this chapter, the student will be able to:

• Define the term "vice"·


'
• Enumerate the three major forms of vices;

• Determine the major examples of each type of vice;

• Describe the major effec ts of each type of vice.

Definition of Vice
The word "vice" is derived from the Latin word vitium, which
means "failu re" or "defect." A vice is a habitual practice that is
considered sinful or degrading within a society. It can also refer to a
negative character trait or an unhealthy habit like excessive smoking,
drinking of alcohol, and gambling.
Law enforcement, it refers to criminal activities related to
gambling, alcohol, illegal drugs, prostitution, pornography, and the
like, and crimes related to.
Seven deadly vices or sins identified by Dante Aligheri in the
classical work, "Divine Comedy:"
1. Pride - This refers to an excessive love of one's self.
2. Envy - This refers to the resentment of others for their
worldly possessions.
3. Wrath - This refers to one's feelings of hatred,
revenge, or anger towards another person.
VICE AN D DRUG EDUCATION AND CO NT 64
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4. Sloth - Also refers to laziness, this is similar to idleness


or wasting one's time doing unproductive things.
5. Avarice - This refers to the desire to possess more than
what is needed. This is also a desire to own excessive
amounts of material things.
6. Gluttony - This refers to the desire to engage m
overindulgence in drinks, intoxicants, and food .
7. Lust - This refers to one's excessive sexual desires.

The Most Common Vices


Apart from the classical definition of "vice," there are also some
common vices existing throughout the world.

Smoking
Smoking comes in many forms as discussed below.

Tobacco Smoking
This refers to the act of bu rning the tobacco leaves and inhaling
the smoke. The Frenchman Jean Nicot, from whose name the word
"nicotine" was based, first introduced tobacco to France in 1560. It
then spread to England and to other parts of the world. Similar to
other intoxicating substances like coffee, tea and even opium, tobacco
was initially used as a kind of medicine (Gately, 2004).

Methods of tobacco smoking


Cigarettes
The word "cigarette" means "small cigar" in French. Perhaps these
are the most commonly used type of tobacco product because they
are convenient and relatively cheaper. These are manufactured
from finely cut and cured tobacco leaves, sometimes combined with
additives, which are rolled into slim, cylinder-shaped paper tubes
(Tobacco Smoking, n.d.).
VICE AN D DRUG EDUCATION AND CO NT 65
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Pipe smoking
In the old times, pipe smoking used to be more popular. Here,
shredded pieces of tobacco are placed into the pipe's chamber and
then ignited. The smoke is inhaled through a pipe that is
connected to the chamber. Tobaccos used for pipe smoking are
carefully cured and blended to infuse flavor.
Cigars
Larger than cigarettes, cigars are tightly rolled bundles of fermented
and dried that are ignited in one tip so that the smoker can draw
out the smoke from the other tip using one's mouth. Smoke from
cigars are typically not inhaled because of the high alkalinity of the
smoke, which can irritate the trachea and the lungs.
Hookah
These are common in Mediterranean countries. A h ooka h is a s in gle
or multi-stemmed glass water pipe used for smoking. Originally
from India , the hooka h used to be a symbol of pride for wealthy and
high-class people. A hooka h runs via water filtration and indirect
heat and can be used for smoking tobacco, herbal fruits, or even
cannabis (Tobacco Smoking, n.d.).

Electronic Cigarette (E-Cigarette)


This is a battery-powered vaporizer that has recently gained
popularity among smokers. This gadget simulates tobacco smoking
by generating an aerosol that resembles smoke via a heating element
(atomizer). The atomizer vaporizes a liquid solution known as e-liquid,
thus producing tobacco-free smoke. E-liquids usually contain
propylene glycol, trace amounts of nicoti ne, flavorin gs and vegeta ble
glycerin.

Passive Smoking
It may be surprising for some but passive smoking is also a form
of tobacco smoking. This refers to the involuntary consumption of
s moked tobacco generated by those around the passive smoker. Owing
to its perceived negative implications, especially for th e children, this
kind of consumption has led to the regulation of tobacco products
(Vainio, 1987).
VICE AN D DRUG EDUCATION AND CO NT 66
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Effects of Tobacco Smoking


Certainly, tobacco smoking has been proven to generate various
negative effects on the body. Let us take a look at some of them.

Cancer
One of the most damaging effects of tobacco smoking has to
do with many forms of cancer in major body organs, such as the
kidneys, lungs, bladder, pancreas and stomach; as well as cancer
in other parts of the body like the larynx, neck, head breast, and so
on. Recent studies have established a stronger relationship
between tobacco smoke, including second-hand smoke (SHS), and
cervica l cancer m women.
Oral Cancer and Diseases
Apart from oral cancer, other serious oral conditions produced
by tobacco smoking include a wide range of oral diseases. In 1998,
the Na tiona l Institutes of Health , through the National Cancer
Institute in the US, found that cigar smoking leads to various
cancers, including cancers of the oral cavity (e.g., tongue, lip,
mouth, throat), larynx, esophagus, and the lungs. In addition,
pipe smoking also leads to significant health risks; in fact, almost
half of reported cases of periodontitis or infla mmation around the
teeth can be attributed to current or former smoking. Mea nwh ile,
smokeless tobacco can actually cause white mucosa! lesions and
gingival recession (Healt h Effects of Tobacco, n.d.).
Pulmonary Diseases
One's long-term exposure to compounds present in tobacco
smoke (e.g., cyanide and carbon monoxide) can lead to pulmonary
damage and loss of elasticity in the alveoli, thereby resulting in
emphysema and the dreaded chronic obstructive pulmonary
disease (COPD). This is a permanent, incurable, often term ina l
redu ction of th e body's pulmonary capacity, which is characterized
wheezing, shortness of breath , persisten t coughing with sputum,
and irreversible damage to the lungs, including chronic bronchitis
and emphysema.
VICE AND DRUG EDUCATION AND CONTROL 67

Cardiovascular Diseases
Long-term smoking can increase the likelihood of a wide range
of poor cardiovascular conditions, such as heart disease, and
peripheral vascular disease, and atherosclerosis. Some tobacco
ingredients can constrict the blood vessels and can lead to a heart
attack or stroke. According to a recent study, people under 40
years are five times more likely to have a heart attack if they
smoke. Moreover, the usage of tobacco has been linked to Buerger's
disease, which is the acute inflammation and clotting of arteries and
veins of the hands and feet (Health Effects of Toba cco, n.d.).
Renal Failure
Smoking can contribute to renal damage. Smokers are at
significant risk for chronic kidney diseases than non-smokers. In
fact, a history of smoking encourages the development of diabetic
nephropathy.
Infection
Tobacco has been linked to increased susceptibility to infectious
diseases, particularly in the lungs. Smoking over 20 cigarettes a
day can increase one's risk of tuberculosis up to four times, while
being a current smoker can lead to a four-fold increase in one's
risk of pneumococcal disease. Smoking also increases the risk of
other pulmonary and respiratory tract infections through damages
on the immune system and structural damage. The usage of
tobacco can also increase rates of infection in the lungs, which can
lead to a wide range of affliction s ra nging from common cold and
bronchitis to COPD to emphys ema .
Impotence
Male smokers are 85% more likely to experience impotence
compared with male non-smokers; smoking can also lead to
erectile dysfunction. Smoking causes impotence as it promotes
constrictions in the arteries. For women, smoking is harmful to the
ovaries and can potentially cause female infertility. Nicotine and
many other dangerous chemicals in cigarettes reduce the body's
ability to create estrogen, a hormone regulating follicu logenesis and
ovulation. For both males and females , th e degree of damage is
d ependen t upon the amount and length of time they have been
smoking (Ce n te rs for Disease Control and Prevention , 2001).
VICE AND DRUG EDUCATION AND CONTROL 68

Psychological Effects
Smokers often report that they use cigarettes to relieve
stress. However, the stress levels of adult smokers are actually
higher than those of nonsmokers. Far from being a stress reliever,
nicotine dependency may actually exacerbate stress, especially
for adolescent users. This has been confirmed in the daily mood
patterns described by smokers, such that they report normal
moods while smoking and worsening moods in-between cigarettes.
In other words, dependent smokers actually need nicotine to feel
normal, thus setting the stage for addiction (World Health
Organization Regiona l Office for the Western Pacific, 2002).

Alcohol
The second type of vice to be discussed in this book has to do with
alcohol. An alcoholic drink often contains anywhere from 3% to 40%
alcohol. Such drinks are legally sold and consumed in many countries
around the world.
The term "alcoholism" refers to problems related to alcohol
consumption. Gener ally, it is used to refer to the uncontrolled and
compulsive cons umption of alcoh olic drinks in a waythat is detrimental
to the well-being of the drin ker as it affects one's health, social
standing, work, and pers onal relationships.
Medically speaking, alcoh olism is considered a disease and an
addictive illness. The misuse of alcoh ol can potentially damage major
organs in the body, including the brain. Moreover, the cumulative toxic
effects of chronic alcohol abuse can cause medical and psychia tric
problems, and in most cases, can lead to various criminal activities.
Thus, the production and selling of alcoh ol is a widely regulated
industry (Alcoh olis m , n.d.).

Types of Alcoholic Drinks


Wine
Wine is a kind of ferments beverage commonly produced from
grapes. The process of m aki ng wine involves longer ferm en ta tion
and aging process compared with beer, as it can take months and
years. Thus, the alcohol content of wine is usually 9% to 16% ABV.
Its less intoxicating form, sparkling wine, is produced via secondary
fermentation. Thus, its alcohol content is even lower.
VICE AND DRUG EDUCATION AND CONTROL 69

Beer
This is a kind of fermented beverage made from mashed barley or a
combination of several types of grains. Beer is the most consumed
alcoholic beverage in the world because it is relatively cheaper
compared with its other counterparts.
Distilled Spirits
A distilled spirit or liquor is another kind of alcoholic beverage
produced by extracting or distilling ethanol, which is produced
by fermenting fruit, grain, or vegetables. Distilled, alcoholic
beverages that are unsweetened and have an alcohol content of 20%
ABV are ca lled spirits. For its stronger forms, such as whiskey
and vodka, the alcohol content is around 40%.
In North Am erica , the term "hard liquor" is used to distinguish
distilled beverages (vodka, tequila, gin, whiskey, soju, brandy) from
undistilled beverages (im plicitly weaker).

Alcohol Abuse
As partially discussed in the beginning of this chapter, anything
that is done in excess can lead to many problems . In the case of
alcohol abuse, such problems may arise at work, at home and at school.
Apa r t from damaging your health and personal relationships, the
excessive use of alcohol can lead to many forms of criminal activities.
According to experts , the tendency to abuse alcohol may stem from a
combina tion of one's genes, environment, and psychological traits.
Let us take a look at the common predictors and profiles of alcoholism
(Alcoh olis m, n.d.).

Predictors of alcohol abuse


One is likely to abuse alcohol or become dependent on it if he
or s he meets any or all of these predictors:
• Feelings of low self-esteem
• Being an adult/ young adu lt under pressure
• Experiencing symptoms of depression , schizoph
renia, bipolar disorder and anxiety disorders
• Easy and unregulated access to alcohol
VICE AND DRUG EDUCATION AND CONTROL 70

• Relationship, life, financial problems


• A s t res s fu l lifestyle

Who has a drinking problem?


First of all, the symptoms of alcohol dependence include the
following:
• Experiencing alcohol withdrawal symptoms when one
hasn't had a drink for some time;
• Development of various illnesses from alcohol use; and
• Requiring an increasing amount of alcohol to
maintain the feeling of being drunk;

Additionally, one may have a drinking problem if he/ she


• Continues to drink, even when one's health, work, or
family are being harmed
• Easily becomes excited or tense when drinking
• Tries to hide his alcohol use
• Drinks alone
• Becomes hostile when asked about one's drinking
habits
• Misses work or school, or doesn't perform well because
of drinking
• Makes excuses to drink
• Stops joining activities because of alcohol
• Doesn't eat a lot or eats poorly
• Doesn't care about hygiene and how he/she dresses
• Needs to consu me alcohol on most days to get
through the day
• Experiences chills and shakes in the morning or
after periods when one has not had anything to drink
VICE AND DRUG EDUCATION AND CONTROL 71

Who are at risk for alcohol problems?


Drinking a lot of a lcoh ol can put one at risk for so many alcohol
related problems. According to experts, those who are at significant
risk are the following:
• Male drinkers who consume 15 or more drinks a week
(wherein one drink is equal to a 5 oz. glass of wine, a 1.5
oz. shot of liqu or, or 12 oz. bottle of beer);
• Female drinkers who consume 12 or more drinks a
week;
• Male and female drinkers whoconsume alcoholic drinks
at a time at least once a week; and
• Non-drinkers who have a parent/s suffering from
alcoholism. (Alcohol Use Disorder, n.d.)

Effects of Excessive Alcohol Intake


Brain Damage and Dementia
Alcohol-related brain damage has been attributed to the
direct and toxic effects of alcohol. Moreover, nutritional deficiency,
liver damage, alcohol withdrawal, and electrolyte disturbances
contribute to brain damage related to the excessive consumption
of alcohol.
Meanwhile, chronic and excessive alcohol intake has also been
linked to severe cognitive decline along with a range of com plica tion s
to the body's neuropsychiatric system. Elderly drinkers are known
to be the most sensitive population group as regards the toxic
effects on the brain of a lcoh ol consumption (Lon g-term Effects of
Alcohol Consumption, n.d.).
Mental Health Effects
Heavy drinkers and abusers of alcohol suffer from high
rates of major depressive disorders. Drinking may lead to a major
depressive disorder that, in turn, paves the way for self-medica ting
alcoh ol abuse, thus trapping the drinker in a vicious cycle.
VICE AND DRUG EDUCATION AND CONTROL 72

As for the general alcoholic population, the increased risk for


suicide is up to 20 times greater compared with the general public.
In fact, about 15% of alcoholics commit suicide. In addition, those
who abuse alcohol combined with drugs are at a greater risk for
suicide: approximately 33% percent of suicide cases for those
under 35 years are directly linked to alcohol and/or other
substance abuse.
Sleep Deprivation
Ironica lly, chronic and long-term abuse of alcohol to induce
sleep can actu ally lead to insomnia. Frequent movements between
sleep stages occur due to sudden awakenings caused by headaches
and diaphoresis. Unfortunately, suddenly stopping chronic abuse of
al cohol can lead to profound disturbances of sleep with vivid drea
ms . In fact, chronic abuse of alcohol has been linked to Non - Rapid
Eye Moveme n t (NREM) Stages 3 and 4 sleep, the suppression of Ra
pid Eye Movement (REM) s lee p , and even REM s lee p
fragmentation.
Liver disease
Alcoh olic liver disease is another mounting public health
problem. The chronic abuse of alcoh ol can lead to cirrhosis ,
alcoh olic hepa titis , and a fatty liver. In fact, in the Western world,
alcohol is a leading cause of liver cancer, accounting for as mu ch
as 45% of a ll hepatic cancers reported. Today, treatment options
for liver diseases are limited, and the most recommended treatment
is to discontinue alcohol consumption. In other severe cases,
the only treatment option available is via a liver trans plan t from
donors classified as alcohol-abstinent (Lon g-te rm Effects of Alcoh ol
Con s u m p tio n , n .d .).
Pancreatitis
The majority of re port ed cases of ch ronic and acute
pancreatitis have been attributed to alcohol abuse. Chronic
pancreatitis can lead to intestinal malabsorption, that can result in
diabetes. Mea nwh ile, a lcoh olic pancreatitis results in severe
abdominal pain and can even lead to pancreatic cancer.
VICE AND DRUG EDUCATION AND CONTROL 73

Hormonal Imbalance
Excessive alcohol intake can lead to hyperestrogenism.
Scientists believe that alcohol beverages contain estrogen
like compounds. In males, high estrogen levels can lead to the
development of gynecomastia (or the development of male breasts),
along with testicular failure. Meanwhile, 1n women, increased
estrogen levels due to excessive alcohol intake has been linked to
breast cancer.

Sexual dysfunction
Excessive and long-term intake of alcohol can damage the
central nervous system and the peripheral nervous system, thus
resulting in the loss of sexual desire and even impotence in men.
This can be attributed to the reduced amount of testosterone from
ethanol-induced testicular atrophy, which in turn, results in an
increased feminization among males. This is a clinical feature of
alcohol-abusing males diagnosed with cirrhosis of the liver.

Rheumatoid arthritis
Compared with others wherein mostly negative effects are
reported, the frequent and regular consumption of alcohol has
been linked to a decreased risk of rheumatoid arthritis . Two recent
studies have reported that the reduced risk ofdeveloping
rheumatoid arthritis can be linked to increasing alcohol
consumption. In fact, among those whoconsumed alcohol regularly,
the one-quarter who drank the most 50% less likely to develop
rheumatoid arthritis compared with the other half who consumed
the least amount (Long-term Effects of Alcohol Consumption,
n.d.).

Gambling
The term "gambling" refers to the act of bett in g of money on an
event with an uncertain outcome, guided by the intent of winning
additional money from what has been initially staked. People take to
gambling as a way to escape their stress, problems, and loneliness.
For others, gambling is a means of recreation. However, it has been
proven to be an addictive activity, leading gamblers to continue with
gambling activities regardless of whether or not they are still earning
(Gam bling, n.d.).
Moreover, when gamblers engage in excessive gambling, they are
likely to spend money and time at the expense of their jobs, families,
and friends. In the family, gambling leads to distrust among loved
ones, while in the workpla ce, gambling can lead to a decline in the
VICE AND DRUG EDUCATION AND CONTROL 74

quality of one's professional output. Gamblers exhibit mood swings


and secretive behavior; they then start borrowing money and taking
loans spend more, ultimately leading to bankruptcy.
In the area of law and enforcement, it is widely acknowledged that
gambling can lead gamblers towards crime. The addiction can lead to
such an extreme where they have to resort to bad practices to recoup
their initial "investments." On the other end of the spectrum, lenders
exploit these gamblers by hooking them into a trap where endless
debt is sure to follow.

Forms of Gambling
Casino Games
In Western countries, the most popular form of gambling is the
casino game. At the cas ino, any game can be played for money,
and most casinos are designed to entice gamblers to stay for long
periods of time and spend money on seemingly "harmless" games
(Gam bli n g, n .d .).
T h e t h r ee types of games found in a casino include table games
(ma h jong, ca rd games), electronic gaming (pa ch in ko, video poker,
slot machines), and other games (bingo, lott ery).
Sports betting
Anot h er popular form of bettin g is sports bett ing, or the act of
betting on tea m and even individual sports. In fact, it has become
an important service industry in most countries. There are millions
of people who play the football pools weekly in the UK alone.
As ide from organized sports betting (lega l and illegal ), man y side
betting games, such as the Super Bowl Squ ares , the Fan tasy
Sports Leagues with monetary entry fees and w1nn1ngs, the
NCAA Basketball Tournament Bracket Pools, and other in-person
spectator games such as Moundball, are also played by casual
spectators (Gambling, n.d.).
Fixed-odds betting
Fixed-odds betting are done in many sporting event and even in
political elections. Here, bookies offer fixed oddson a number ofnon
sports related outcomes (e.g., the winner of television
competitions such as Am erica n Idol, the direction of movement of
finan cial indices , and election results . Intera ctive prediction
markets likewise offer trading on such outcomes, in which "shares"
of results are traded on an open market (Gambling, n.d.).
VICE AND DRUG EDUCATION AND CONTROL 75

Arbitrage betting
Theoretically, arbitrage betting is a risk-free betting system
wherein every outcome of an event is bet upon so that a fixed
profit can be made by the bettor upon an event's completion,
regardless of the final outcome. Arbitrage betting combines
gambling and the ancient art of arbitrage trading, and has been
made possible by the increasing number of bookies in the
marketplace (Gambling, n.d.).
Jueteng
This is the most controversial form of illegal gambling in the
Philippines. It is also known as "small town lottery" where there are
"kabo's" who collect the bets and numbers, and the numbers are
drawn through draw slots. Several government officials and local
government units have been involvedin this kind of illegal gambling,
the most famous of which is form er President Joseph "ERAP''
Eje rcito Es trada. His involvement in the so-called "Jueteng Payola"
has resulted in political chaos and his subsequent impeachment.

Summary
Chapter 3 discusses the definition of the word "vice," and
provides examples of the three common forms of vices, namely,
smoking, alcoholism, and gambling.
The chapter also discusses the effects of smoking and alcoholism
on the body. These were elaborated and scientific explanations have
also been provided in order to demonstrate the damaging effects and
discourage such practices.
As another form of vice, gambling is also discussed, along with
the main examples of this vice.
VICE AND DRUG EDUCATION AND CONTROL 76

Stu d en t's Name:


Year/ Section:
Instructor:
School:

Review Questions

l. What is vice?

2. What are the common forms of vices ?

3. Whatare the effects of smoking on the bodyand its complications


with other diseases?
VICE AND DRUG EDUCATION AND CONTROL 77

4. Enumerate the different forms of alcoholic beverages.

5. What are the effects of excessive alcohol drinking on the


body? Explain each briefly.
VICE AND DRUG EDUCATION AND CONTROL 78

Student's Name:
Year/ Section:
Instructor:
School:

Activity
1. Make an illus tration on the different effects of alcohol and
smoking on the different parts of the body, including the
internal organs.

2. Conduct a research on the following forms of gam bling in the


Philippin es and the man ner by which they are played:

• Mah jon g
• J u e te n g
• Cock fighting
• E-casino
• Lotto
VICE AND DRUG EDUCATION AND CONTROL 79

CHAPTERV VICE
CONTROL LAWS

Learning Objectives
At the end of this chapter, the student will be able to:
• Discuss the main contents of Republic Acts enacted
to regulate vice-related activities;
• Briefly describe the main contents of Presidential
Decrees promulgated to regulate vice-related
activities;
• Form an opinion regarding the effect iveness of
these laws in curbing vice-related criminal activities.

As discussed in previous chapters, illegal drug use and excessive


smoking and alcoholism can affect our health. At the same time, illegal
drug trade and use, alcoholism, and gambling could lead to a wide
array of criminal activities. Hence, there is a need to regulate such
activities.
On the part of our government, many laws have been passed
to regulate the wide spectrum of activities pertaining to these. This
chapter discusses the main points of ea ch of the major laws passed to
curb crimes and regulate related activities.
In the Philippines, various laws have been enacted for this
purpose. In this chapter, we will take a look at some of the more
important laws related to the topic of this book.

Republic Act No. 9211


Also known as the "Tobacco Law," Republic Act No. 9211 is an
act that regulates the packaging, use, sale, distribution and
advertisements
VICE AND DRUG EDUCATION AND CONTROL 80

of tobacco products. Especially, in the Philippines where cigarettes are


ubiquitously sold, this law is an important one as it curbs the illegal
sale and use of cigarettes among minors. (See Appendix A for details )

Republic Act No. 6956


Republic Act No. 6956 is an act modifying the excise taxes on
distilled spirits, wines, fermented liquor and cigarettes, amending for
this purpose Sections 138(a) and (b), 139, and 140 and 142(c) and (d)
of the national Internal Revenue Code. (See Appendix B for details)

Presidential Decree No . 1602


Presidential Decree No. 1602, also known as the Philippine
Gambling Law, amends all the provisions about gambling found to
be confu s in g, in a pprop ria te, and ineffective from the national to the
municipal level.
This par ticularly summarizes the contents of Articles 195- 199,
the Revised Penal Code, Republic Act No. 3063 (Horse Racin g Bookies ),
Presidential Decree No. 499 (Cockfighting), Presidential Decree No.
483 (Game Fixing), Presidential Decree No. 519 (Slot Machin es ), and
Presidential Decree No. 1036 (J a i- al ai Bookies). This law was signed in
Manila on June 11, 1978. (See Appendix C for detai ls)

Republic Act No. 3063


This law authorizes licensed race-tracks and racing clubs, along
with their authorized agents to offer, take, or arrange bets outside the
place, enclosure, or track where legal races are held, provided that
such bets are offered, ta ken, or arranged only in Rizal Province and
chart ered cities. This law provides proper penalties for viola t ion s , thus
amending forthis purpose Sections 2 and 7 RepublicAct No. 954. This
law was signed on June 17, 1961. (See Ap pend ix D for details)

Presidential Decree No . 449


Also known as the Cockfighting Law of 1974, Pres iden tia l Decree
No. 449 ela borates the elemen ts in volved in th e legalized betti ng
rela ted to derby and cockfighting throughout the country. This law
was approved and signed in the City of Manila on May 9 , 1974. (See
Appe nd ix E for details)
VICE AND DRUG EDUCATION AND CONTROL 81

Presidential Decree No . 483


This law penalizes betting, game-fixing, or point-s having and
rigged machinations in sports contests . This law was signed in City of
Manila On June 13, 1974. (See Appendix F for details)

Presidential Decree No . 1306


This law, also known as the "J ai Ala i" law, amends Section 2 of
Presidential Decree No. 810, and is an "act granting the Philippine Jai
Alai And Amusement Corporation a franchise to operate, construct,
and maintain a front on for basque pelota and similar games of skill in
the greater manila area." This law was signed in the City of Manila on
March 1, 1978. (See Appendix G for details)

Summary
In this chapter different laws on tobacco control, selling of
distilled spirits and regula ting the differe n t form s of gam blin g have
been explained concisely. We know that the abuse of illegal drugs and
excessive engagement in different forms of vices can lead to criminal
activities, thus necessitating laws to regulate such acts.
As a democratic country, our government has continued to
formulate laws that are reasonable and just. This chapter highlights
the different laws enacted pertaining to differe n t activities related to
the three kinds of vices mentioned in Chapter IV. These laws include
Repu blic Act No. 92 11 (the Tobacco Law), Repu blic Act No. 6956,
Presidential Decree No. 160 2 (Philippine Gambling Laws), which
summarizes the contents of the following: Repu blic Act No. 3063
(Hors e Racing Bookies), Pres id e n tia l Decree No. 499 (Cockfighting),
Presidential Decree No. 483, (Game Fixing), Presidential Decree
No., 519 (Slot Machines), and Presidential Decree No. 1036 (J ai -a la i
Bookies).
This chapter also highlighted Repu blic Act No. 3063, Presidential
Decree No. 449 ("Coc kfightin g Law Of 1974"), Presidential Decree No.
483, and Presidential Decree No. 1306 ("J a i-Alai Law").
VICE AND DRUG EDUCATION AND CONTROL 82

Student's Name:
Year/ Section:
Instructor:
School:

Review Questions
1. In your opinion, ela borate why Jueteng has not been legalized
in the country despite the existence of many laws in our country
related to gambling.

2. As a future law enforcer, which of the laws cited above should


be the most utilized one and why?
VICE AND DRUG EDUCATION AND CONTROL 83

3. If you were given a chance to amend some provisions of the


law, what law on vice control will you change and why?
VICE AND DRUG EDUCATION AND CONTROL 84

CHAPTER VI
OPERATIONAL PROCEDURES ON ILLEGAL DRUGS
AND VICE CONTROL

Learning Objectives
At the end of this chapter, the student will be able to:
In •Chapter
Gain V,a basic understanding
we have learned thatof the procedures
there are various laws that
involved in Anti-Dru g Operation and
have been enacted in the country to regulate activitiesInvestigation;
pertaining to
illegal drug use and how
• Describe the vices defined
the An in Chapter
ti- Illegal Gambling IV. In this Chapter,
Operations
we will discuss some out;
are carried of the standard operational procedures carried
out by our law enforcement agencies in implementing these laws.
• Enumerate the documentary requirements on
filling cases involving anti-illegal drugs and
gambling operations;
Procedures in Anti-Drug Operation and Investigation
• Describe how ordinances on smoking, alcohol use,
The Buy Bust andOperation
drunk driving are implemented.
A " buy- bu s t operation" is an undercover operation carried
out by narcotics detectives to catch unsuspecting drug dealers. An
undercover operation is one that involves secret work within
a community or institution. To carry out a buy-bust operation, the
first step is to buya sample substance. This is done to determine
whether the substance being sold is a dangerous drug. Once the
sample is procured by undercover agents, it is immediately
submitted to the Crime Lab for analysis.
VICE AND DRUG EDUCATION AND CONTROL 85

Entrapment Operation
Entrapment charges often result from vice crimes, such as those
involving gambling, prostitution, and/or drugs. Law enforcement
officers have the right to pose as gambling bookies, prostitutes, drug
dealers, orother professional criminals to carry out the operation.
Such agents are not obliged to reveal their true identities or legal
affiliation when asked.
If an undercover officer presents drugs to a potential buyer, for
example, this is not considered an entrapment. Instead, the buyer of
those drugs commits a crime only when the deal is made, and not
during the initial contact with the undercover officer.
Lega lly s peaki ng, however , entrapment operations in drug cases
occur when a police officer or other government agent deceives a person
into committing a crime that he orshe hadnointention of com mittin g.
In many jurisdictions, if a court determines that the charges made
against the defendant are based on entrapment, he or she cannot be
convicted of the crime. Therefore, criminal defense lawyers may claim
police entrapment as part of th eir strategy. Indeed, the laws against
this type of behavior by authorized agents are designed to prevent
law enforceme n t agencies from coercing a citizen into committing a
crime and then arresting him or her for the act "committed" ("Wha t is
Entrapm en t?", n.d.).

Team Composition
The composition of the team that will carry out the entrapment
may vary depending of the nu mber of personnel in the team. The team
leader also chooses members based on one's experience, expertise,
and aptitude with regards the operation to be carried out. Below is
the ideal team composition (Directorate for Investigation and Detective
Management [DIDM], 2010).
1. Team Leader - This is a police officer, prefera bly a PCO , who
is responsible for leading a team in the conduct of case build
up, raid, arrest, and subsequent investigation, filing, and
monitoring of the case.

2. Assistant Team Leader (Optional) - This is a police officer


who is responsible for assisting to the Team Leader and for
assuming all the responsibilities in the absence of the latter.
VICE AND DRUG EDUCATION AND CONTROL 86

3. Poseur Buyer - This is a police officer who is tasked to pretend


to be a civilian buyer of dangerous drugs for the purpose of
effecting the arrest of the offender.

4. Arrestin.g Officer - This is a police officer who is responsible


for the apprehension of the s u s pec t / s .

5. Investigator-On-Case - This is a policeofficer who is responsible


in the investigation, gathering of evidence and the preparation
of documents for the purpose of initializing an inquest or the
direct filing of the case before the prosecutor's office.

6. Seiz ing / Inventory Officer - This is a police officer who 1s


assigned to seize and inventory the evidence from arrested
suspects/s.

7. Back-up Security - This is a police officer who is tasked to


provide security to the raiding team, in order to prevent and
control the entry and exit of all persons in the place of
operation.

8. Recorder - This is a police officer res pons ible for recording the
events / incidents that occurred during the anti-drug operation.

Marked Money
The money to be used in the buy-bust operation should be
duly marked or dusted with ultra-violet powder by officers from
the PNP Crime Laboratory. The marked money should be properly
photographed, reproduced and/or recorded so that the serial numbers
and the person who released the money can be tracked, along with
the officer who received the same and delivered it to the PNP Crime
Laboratory for dusting. The officer receiving th e money shall then iss ue
a receipt for the purpose.
All pieces of evidence are documented, photographed, and properly
marked and turned over to the evidence custodian. It is also important
to deliver the seized drug to the Crime Laboratory for the iss uance of
the resu lt th at, in tu rn , will facilita te the inqu est (DIDM, 2010).
VICE AND DRUG EDUCATION AND CONTROL 87

Anti-Illegal Gambling Operations


Procedures on How to Conduct Anti-Illegal Gambling Operations
In conducting Anti-Illegal Gambling Operations, the following
procedures are observed (DIDM, 2010):
1. Surveillance of the Anti-Illegal Gambling Operation
Wh ile conducting the surveillance, the team is tasked
to check the illegal activities of the suspected gambling
facilities. At the same time, they are to take pictures and
perform proper documentation as part of the evidence to be
filled as bases for the application of a search warrant.

2. Serving of the Search Warrant


The team handling the case should be in proper uniform
with an identified vehicle while serving the search warrant.
The owner of the establishment or gambling den should
be properly informed of the contents of the warrant.
Next, the whole area is searched for evidence that
maysupport the allegations, such as money bets, playing
cards, and gambling paraphernalia. All pers ons involved
in the said activity shall be arrested and investigated .
Then, pictures and documentations must be taken as part
of the evidence.

3. Preparing the Documents in the Police Station


Such documents as pictures, bookings sheets, and
affidavits of the arrested suspects involved in the illegal
activities should be taken as proof of the con su mma ted
an ti-illegal gamblin g opera tions . These documents must be
endorsed to the issuing Regional / Met ropolitan Judge who
has executed the search warrant.

4. Returning the Search Warrant and Filing of the Case


in the Prosecutors Office
The evidence and documents are then presented in the
office of the Honora ble J udge. If the judge finds merit in the
warrant, the said case will be endorsed to the prosecutor's
office and shall be filed as a criminal case.
VICE AND DRUG EDUCATION AND CONTROL 88

Documentary Requirements on Filing Cases Involving


Anti-Illegal Drug and Gambling Operations
• Application for Search Warrant
• Endorsement to the Prosecutor
• Receipt/Inventory of Property Seized
• Certification of Orderly Search
• Turn-Over of Confisca ted / Seized Evidence
• Request For Laboratory Examination (Drug Cases Only)
• Result of Laboratory Examination
• Joint Affidavit of Surveillance
• Joint Affidavit of Arrest
• Affida vit of Seizing Officer
• Chain of Custody Form (Drug Cases Only)
• Booking And Inform a t ion Report (Suspect)
• Affida vit of Poseur-Buyer (Drug Cases Only)
• Receipt/Inventory of Property Seized
• Turn -Over of Confisca ted / Seized Evidence
• Turn -Over of Custody (Suspect)
• Summary of Information
• After Su rveilla nce Report
• Contact Meeting Report

Implementation of Ordinances
Ordinances on Smoking
The chances of second hand smoke for non-smokers are
minimized by virtue of Land Transportation Ordinance No. 2009-036,
which prohibits smoking on public utility vehicles and public
transportation terminals. This ordinance is implemented with the
cooperation of related agencies, such as the Philippine Na tio na l Police , t h
e Local Government Units (City and Municipal Mayors and Provincial
Governors of their respective areas), and the Metro Manila
Development Administration.
VICE AND DRUG EDUCATION AND CONTROL 89

Offenders are apprehended by these agencies and a viola tion


ticket shall be part of its sanction. The offenders must pay the fine at
the designated banks. Some provincial offices, such as the Province of
Nueva Vizcaya in Region 2 and Davao City, have a similar campaign
against smoking. In these places, incentives are given to the most
number of tickets issued and the issuing officers are given awards at
the end of the year during year-end gatherings.

BAWAl MANIGARllYO
100% SMOKE FREE
PUBLICUTILITY VEHICLES (PUVs)
AND PUBLIC LAND TRANSPORTATION TERMINALS
LTRB MEMORANDUM CIRCULAR NO. 2009 - 036
Sample An ti -S moki ng Ca m pai gn Mate rial

Liquor Ban
In the Philippin es , the Liquor Ban is strongly implemented the
following occasions:
1. Minors aged 18 years old and below are not allowed to buy
alcoholic drinks in convenient stores and supermarkets.
2. Drinking of alcoholic drinks is strictly prohibited in all
government offices during office hours.
VICE AND DRUG EDUCATION AND CONTROL 90

3. Alcoholic drinks cannot be sold a full 24 hours before and after


the Local and National Elections (Omnibus Election Code).

Drunk Driving
Drunk driving has led to many vehicular accidents resulting in
the loss of lives and properties of innocent victims and the drunk driver
themselves. The penalty for vehicular accidents resulting in damaged
property and lost lives (legally known as "reckless imprudence resulting
to damage to property" or "reckless imprudence resulting to homicide")
is elevated to the maximum penalty due to drunk driving.
Several tests can be used to confirm the drunken state of the
offending driver. One of this tests is simply done on the spot in the field,
wherein the traffic officer may request the suspected drunk driver to
lift his/her left hand sideways and balance his/her entire weight on
one foot. Another test is done by using a breath analyzer. Here, the
traffic officer may request the suspected drunk driver to exhale and
breathe into the device, which will immediately show the presence of
alcohol in the offending driver's breath.
Finally, the more scientific way is by determining one's blood
alcohol level. In this method, 5 ml of blood is extracted and subjected
to the head-space gas chromatography with mass spectrometry. This
machine can determine the percentage of alcohol present in the blood.
The presence of more than 5% percent alcohol in the blood can prove
the allegation of drunk driving.

Summary
In this chapter, we discussed the procedures on anti-illegal drug
and gambling operations. Details about the important aspects of ea ch
operation, such as the steps involved, the composition of the team, the
tools that can be used, and the proper procedures to be follows, are
also presented. Aside from the existing laws, some government offices
and local government units have also created memorandum circulars
and city ordinances against illegal drugs and vice control. These are
being implemented in their respective cities and localities.
VICE AND DRUG EDUCATION AND CONTROL 91

Student's Name:
Year/ Section:
Instructor:
School:

Situational Analysis
The Dupax Police Station headed by Police Senior Inspector
Geovanni Cejes conducted a buy-bust operation at Barangay Dopaj,
Dupax Del Sur, Nueva Vizcaya Province. In the said operation, you
acted as the poseur buyer with 300 pesos as your marked money
to buy shabu from one Shenon Bautista, a drug pusher. After the
transaction was consummated, P02 Kevin Bulayungan, a police back
up effected the arrest of the said drug pusher after you have given
the pre-ar ranged signal. PO1 Bulayungan then informed Bautista his
constitutional rights and he was frisked, after which several pieces of
aluminum foil and a lighter were obtained from his right pocket, along
with a plastic sachet of shabu on his left pocket.
Given the above mentioned circumstances, what are the
documentary requirements you need to prepare in the Police Station
prior to, during, and after the conduct of the anti-illegal drugs operation?
VICE AND DRUG EDUCATION AND CONTROL 92

Review Question
What are the procedures in conducting on an anti-illegal gambling
operation? Explain briefly.
VICE AND DRUG EDUCATION AND CONTROL 93

Student's Name:
Year/ Section:
Instructor:
School:
Activity
1. Make an intelligent assessment of the Drunk-Driving Law and
state the provisions of the aforementioned law that have an
impact on its jurisprudence and implementation.

2. State the participation of relevant agencies on the anti-


smoking slogan shown below.

BAWAl MANIGARllYO
100% SMOKE FREE
PUBLICUTILITYVEHICLES(PUVs)
AND PUBLIC LAND TRANSPORTATIONTERMINALS
LTRB MEMORANDUM CIRCULAR NO. 2009 - 036
VICE AND DRUG EDUCATION AND CONTROL 94

CHAPTER VII
GOVERNMENT AGENCIES ASSIGNED
TO CONTROL DRUGS AND VICES

Learning Objectives
At the end of this chapter, the student will be able to:
• Define
The Dangerous the major
Drugs Boardresponsibilities of government
agencies tasked to control drugs and vices, including
The Dangerous DrugsDrugs
the Dangerous Board was PDEA,
Board, established followin
PAGCOR, and g t he
proclam a t the
ionPCSO;
of Martial Law and the promu lgation of Presiden tial
Decree No. 44, on November 14, 1972. The Law, which was an
• Enumerate some of the programs implemented by
amendment these
of Republic
agencies;Act No. 6425, was signed by then president
Ferdinand E. Marcos.
• Understand the role and relevance of these
According to the PD
government No. 44,inthe
agencies DDB shall
controlling be the
drugs and coordinating
vices
and policy-making
in the couagency
ntry. and the national authority on matters
related to law enforcement and control of dangerou s drugs; drug
abuse prevention, training and informa t ion ; t he treatment and
rehabilitation of drug dependents; as well as research and statistics
on the drug problem and the training of pers onnel tasked to perform
these. Since its inception, the DDB has impleme n ted programs to
promote the national advocacy against drug abuse through a dynamic
partnership between the government and the society (Dangerou s
Drugs Board [DDB], n.d.).
The national agencies that comprise the DDB include the
following: the Department of Social Welfare and Development,
Department of
VICE AND DRUG EDUCATION AND CONTROL 95

Health, Depart ment of J ustice , Department of Na tiona l Defense, the


National Bureau of Investigation, Department of Finance, and the
Department of Education, Culture, and Sports.

Highlights
Batas Pambansa 179
A procedural amendment to Repu blic Act No.
6425wasmade in 1982 in the form of Batas Pambansa 179,
which mandated the itemization of prohibited drugs and its
derivatives. Through this law, various forms of narcotics, such
as opiates, opium poppy straw, leaves or wrappings, whether
prepared for use or not were classified as dangerous drugs.

Five-Pillar Global Drug Control Approach


The five-pilla r global drug control approach consists of
the following components : Drug Dema nd Redu ction , Dru g
Supply Red u ctio n, Civic Awaren es s and Res ponse, Alter na tive
Development, and Regional and In terna tion al Coo pera tio n.
This was adopted in 1998 during the UN General Ass em bly
Special Session on Drugs by the ASEAN and Ch ina Cooperative
Operations in Res ponse to Dangerous Dru gs (ACC ORD}, in
which the Philippines is a member. The five-pillar approach
identifies relevant and effective strategies in addressing the
country's drug problem, including drug prevention and control
(DDB, n.d.).

Republic Act 9165


Republic Act No. 9165, also called the "Comprehensive
Dangerous Drugs Act of 2002," was enacted in 2002. This
law expanded the membership of the Board to include such
agencies as the Department of In terior and Local Government,
Depar tment of Foreign Affa irs , National Youth Commission,
Department of Labor and Employment, Commission on Higher
Education, and the Philippine Drug Enforcement Agency.

Major Projects Launched by the DDB


"Oplan Iwas Droga"
Launched in 1995, "Oplan Iwas Droga" became the
national flagship program implemented to promote drug abuse
prevention. For this program, a mascot called KID Listo was
brought to schools and communities throughout the country
VICE AND DRUG EDUCATION AND CONTROL 96

to promote the anti-d ru g advocacy of the DDB. KID s ta nds for


"Kalaban ng Ilegal na Droga."

"Mamamayan Ayaw sa Droga" (MAD)


MAD is a citizen's movement against drugs that became
popular during the latter part of the 1990s. A product of the
collaboration of agencies, which comprised the Na tio nal Drug
Law Enforcement and Prevention Coordinating Center, that
wascreated in January 1999 via Executive Order No. 61.

DDB Drug Information Action Line (DOB-DIAL)


This program was lau nched in response to the public's
increasing participation in anti-drug advocacy programs. The
DDB-DIAL is a phone-based action center that was created
to receive reports and complaints related to drug abuse. The
personnel on the other hand can provide relevant information
and assistance to the public through the hotlines (DDB, n.d.).

Integrated Drug Abuse Data and


Information Network (IDADIN)
The IDADIN is an onl in e report ing system consisting
of 13 in ter active forms and quarterly reports submitted
by forensic and drug testing laboratories, treatment and
rehabilitation centers, public and private hospitals, and law
enforcement and prosecution agencies, another major project
developed by the DDB. As an online drug data pooling and
collection system, the IDADIN facilitates better management
of all drug demand and supply reduction efforts in itia ted by
the government. Mean wh ile, prison popu la tion profiles are
supplied by provincial, mu nicipal, and city jails. Through its
extensive network, the IDADIN has allowed easier processing
of drug data, and ensured up-to-date statistics and convenient
reporting (DDB, 2015).

Barkada Kontra Droga or Peer Group Against Drugs


"Barkada Kontra Droga" is a peer-based project designed as
a preventive education and information strategy to combat the
dangers of drug abuse. What makes this program special is
that it encourages the participation of the youth to launch its
anti drug campaigns. This program aims to empower
individuals so that they can serve as catalysts within their
peer groups in advocating healthy and drug-free lifestyle
choices. Since its inception in 2004, the group has increased
its membership to more than 60,000 members in 250 chapters
all over the country (DDB, n.d.).
VICE AND DRUG EDUCATION AND CONTROL 97

Philippine Drug Enforcement Agency


The PDEA (also known as the Kawanihan ng Pilipinas Laban sa
Droga) is the lead anti-drugs law enforcement agency in the country.
It was established by virtue of Republic Act No. 9165 signed by then
President Gloria Macapagal-Arroyo on June 7, 2002. RA 9165 la ter
took effect on J uly 4, 2002. With this new law, the National Drug
Law Enforcement and Prevention Coordinating Center was effectively
abolished.
The PDEA is assigned to enforce the penal and regulatory
provisions of RA 9165, also known as the Comprehensive Dangerous
Drugs Act of 2002. Mainly, it is responsible for preventing,
investigating, and initiating efforts to counter activities related to
dangerous drugs, controlled precursors, and essential chemicals within
the country. The PDEA and DDB are both under the
Office of the President (Ph ilip pine Drug Enforcement Agency [PDEA],
n.d.)
The following anti-illegal drugs task force have been created to
support the activities of the PDEA:
• Anti-Illegal Drugs Task Force (NB I-AIDTF) under the
Natio nal Bureau of Investigation
• Anti-Illegal Drugs Special Operation Task Force (PNP
AIDSOTF) under the Philippine National Police
• Customs Task Group/Force in Dangerous Drugs and
Controlled Chemicals (BO C- CT GFDDCC) under the Bureau
of Customs

Agency Overview
Formed July 07, 2002
National Drug Law Enforcement and Prevention
Coordinating Center
Preceding
agencies Drug Enforcement Units of Philippin e National Police
(PNP), National Bureau of Inves tiga tio n (NBI) and
Bureau of Customs (BOC)
Annual
Php 755.462 million (2013)
budget
Legal
Govern mental: Govern ment agency
personality
VICE AND DRUG EDUCATION AND CONTROL 98

Power and Duties


• To cause the efficient and effective implem en ta tion of the
national drug control strategy formulated by the
Dangerous Drugs Board;
• Undertake the enforcement of the provisions of Article
II of RA 9165 relative to the unlawful acts and penalties
involving any dangerous drugs and/or controlledprecursor
and essential chemicals;
• Administer oath and issue subpoena and subpoena duces
tecum relative to the conduct of investigation involving the
violations of RA 9165;
• Arrest and apprehend as well as search all violators and
seize or confiscate the effects or proceeds of the crimes as
provided by law;
• Take charge and have custody of all dangerous drugs and/
or controlled precursors and essential chemicals seized,
confiscated or surrendered to any national, provincial or
local law enforcement agency;
• Establish a forensic laboratory in each PNP office in every
province and city in order to facilita te action on seized or
confiscated drugs, thereby hastening their destruction
without delay;
• Recommend to the DOJ the forfeiture of properties and
other assets of persons and/or corporations found to be
violating the provisions of RA 9165 and in accordance with
the pertinent provisions of the An ti -Mon ey Laundering Act
of 2001;
• Prepar e for prosecu tion or cause the filing of appropriate
criminal and civil cases for violation of all laws n dangerous
drugs, controlled precursors and essential chemicals, and
other similar controlled substances;
• Monitor, and if warranted by circumstances, in coordination
with the Philippine Postal Office and the Bureau of Customs,
inspect all air cargo packages, parcels and mails in the
central post office;
• Conduct eradication programs to destroy wild or illegally
grown plants from which dangerous drugs
maybeextracted;
VICE AND DRUG EDUCATION AND CONTROL 99

• Initiate and undertake the formation of a nationwide


organization which shall coordinate and supervise all
activities against drug abuse in every province, city,
municipality and barangay;
• Establish and maintain a national drug intelligence system
in cooperation with law enforcement agencies, other
government agencies/ offices and local government units
that will assist in the apprehension of big-time drug lords;
• Establish and maintain close coordination, operation and
linkages with international drug control and administration
agencies and organizations;
• Create and maintain an efficient special enforcement unit
to conduct an investigation, file charges and transmit
evidence to the proper court;
• Require all government and private hospitals, clinics,
doctors, dentists and other practitioners to submit a report
to it;
• Coordinate with the DDB for the facilitation of the issuance
of necessary guidelines, rules and regulations for the proper
implementation of RA 9165;
• Initiate and undertake a national campaign for drug
prevention and control programs, where it may enlist the
assistance of any department, bureau, office, agency or
instrumentality of the government, including govern ment
owned and/or -controlled corporations; and
• Submit annual and periodic reports to the DDB from
time to time and perform such other functions as may be
authorized of requ ired under existing laws and as directed
by the President. (PDEA, n.d.)

Philippine Amusement and Gaming Corporation (PAGCOR)


PAGCOR, a government-owned and controlled corporation, was
first established through Presidential Decree No. 1067. At present, it
is the country's largest contributor of revenue, employing a workforce
of 11,000 employees. Similar to the DDB and PDEA, PAGCOR is
also under the Office of the President of the Philippines (Philippine
Amusement and Gaming Corporation [PAGCOR], n.d.}.
VICE AND DRUG EDUCATION AND CONTROL 100

In 1983, under Presidential Decree No. 1869, PAGCOR was


mandated as the only government corporation authorized to
conduct and establish gaming pools and casinos throughout the
country. When then President Corazon C. Aquino came into office, this
was reestablished to help raise funds for the government. At that time,
Norberto Quisumbing was appointed as the first Chairman, succeeded
by former Development Bank of the Philippin es chair Alicia LL. Reyes,
and then byEphraim Genuino under the appointment of then President
Gloria Macapagal-Arroyo in 2001
At present, PAGCOR operates 13 Casinos and several VIP slot
clubs in major cities across the Philippines. As a government agency,
it is also tasked to manage and regulate over 180 bingo centers and e-
games cafes. PAGCOR had its most significant piece of legis la tio n with
the passage of RA No. 9487 in June 2007. This lawgrants PAGCOR an
oth er 25 years to "regulate and operate games of chance, to issue
licenses, and to enter into joint venture, management, or investment
agreements with private entities for the Entertainment City in the
Ma n ila Bay a rea " (PAG COR, n.d.).

Philippine Charity Sweepstakes Office (PCSO)


When the Philippines was s till under Spanish rule, lotteries
were already in operation. In as early as 1833, a private enterprise
called Empresa De Reales Loteria Espanolas De Filipinas had been
conducting "loterias" to help generate revenues for the government.
By 1932 , the government conducted the first ever Sweepstakes, called
PAAF S wee ps ta kes , in ord er to raise funds for the Philippine Amateur
Ath le tic Fed era tio n (PAAF).
As embodied in its charter, the primary objective of the PCSO
is to provide funds for medical assistance, health programs, as well
as services and charities implemented nationwide. The PCSO is
instru mental in the development of community health care in all
regional hospitals nationwide through the establishment of Cancer
and Pain Centers, Dialysis Centers, and Tuberculosis Centers, that
provide medical assistance and services to the people especially the
disenfranchised sector of the public (Philippine Charity Sweepstakes
Office [PCSO], n.d.).
VICE AND DRUG EDUCATION AND CONTROL 101

ACT 4130

OnOctober 30, 1934, then President Man u el L. Quezon approved


ACT 4130, which created the Philippine Charity Sweepstakes. The
PCS was authorized to secure a loan from the National Treasury to
organize an office and print tickets for the draw. The mandate of the
Sweepstakes was easily accepted by the Filipinos at that time because
of its humanitarian mission to support humanitarian projects (PCSO,
n.d.).

Batas Pambansa Blg. 42


In September 1979, Batas Pambansa Blg. 42 was enacted into
law, thus amending the PCSO Cha rt er (RA 1169 ). This law
authorized the increase in fund allocation from 25% of net sales to
30%, which was intended for the agency's Charity Fund. At the same
time, 55%was allocated to prizes and the remaining 15% was assigned
for operations . All u nclaim ed prizes go to t he Charity Fund.

Proclamation No. 51
One of the achievements of the PCSO came during the
administration of then President Fidel V. Ramos. In his regime, the
PCSO was au thorized to carry out the important mission of generating
fu nds in support of the government's rehabilita tion program for the
devastated areas resulting from the Mt. Pinatubo eruption. Then
President Ra mos issued Proclamation No. 51, which exhorted "the
public and private sectors to support the PCSO Special Pinatubo
Lottery Draw scheduled on October 22, 1992 to raise charity funds for
the victims of the Mt . Pinatu bo eruption" (PCSO, n.d.). That was first in
a series of draws the PCSO in itiated , ultima tely rais ing Php350 million ,
which was subsequently transferred to the President's Calamity Fund.

Initiatives Launched by the PCSO


For half a millennium, the traditional Sweepstakes was the PCSO's
lone source of in co me. In recent years, however, many differen t kind s
of modern lottery games have been introduced. With its increasing
financial commitments to its beneficiaries, the PCSO needs additional
sources of funds, and it has been able to generate such funds through
several types of lotteries it has launched (PCSO, n.d.).
VICE AND DRUG EDUCATION AND CONTROL 102

Instant Sweepstakes
The Instant Sweepstakes is the first type of lottery lau nched by
the PCSO. This is patterned after a similar game in the US. In the
Philippines, this was launched in mid-1987 and by the end of that
year, the Instant Sweepstakes generated a total of Php 27 million
for the PCSO Charity Fund.
Small Town Lottery (STL)
The STL was intended to generate funds for local projects. The STL
also aimed to eradicate masiao, jueteng, and other illegal number
games that were rampant in the countryside by using computer
technology.
Lotto
In 1995, under the supervision of then Chairma n Manuel L.
Morato, the PCSO lau nched the very first online lottery in the
Philippines. In this online lottery or lotto, initially the Lot to 6/42,
the player had to choose any set of 6 numbers from 1 to 42. The
player wins when these numbers are drawn in any sequence
during the draw date. Despite strong opposition from certain
sectors of society (in fact, its legality was questioned but the
Supreme Court ruled that it waslegal), the lotto was a big hit. Since
then, more types of lottery games have been carried out, such as
the three-digit (3D), four
-digit (4D) and six-digit (6D) lotto, along with the Mega Lotto 6/45
and the Super Lotto 6/49 draw (PCSO, n.d.).

Other Services Provided by the PCSO


Apart from the aforementioned centers, one of the most effective
mean s by whic h to pu rsue the PCSO's commitment to serve the nation
is through free medical and dental services. Initially, the PCSO served
its officials and employees as well as referrals and walk-ins. A tota l
of 26 outreach missions of this kind have been conducted, servicing
28,292 dental patients and 117,001 medical patients.
After the Ormoc disaster, the PCSO also allocated Php 48.5
million to the affected families, while after the Iloilo fire disaster,
victims were given a total of Php 1.5 million in financial assistance. In
the Ozone fire tragedy, which occurred in March 1996, the PCSO also
provided the victims' families with financial, funeral, and medical
assistance of up to Php 6 million.
VICE AND DRUG EDUCATION AND CONTROL 103

Moreover, from the initial two beneficiaries, namely, the


Philippine Tuberculosis Society and Hospicio de San Jose, the PCSO
now extends assistance to almost 8,000 beneficiaries, including the
Blood Bank, Red Cross, Boys' Town in Marikina, National Mental
Hospital, Missionaries of Charity in Cebu, Tala Leprosarium, Golden
Acres, Commission on Family Life in Laoag City, the Leprosarium in
Zamboanga City, the Daughters of Mary, Bacolod Boys' Home in Negros
Occidental, Dominican Missionaries' Stela Maris Nursery and Mother
of the Church in Naga City, along with rural health clinics, government
hospitals, nu trition centers, and many other centers throughout the
Philippines (PCSO, n.d.).

Summary
In this chapter, we discussed the various government agencies
tasked to control drugs and vices in the Philippines. These agencies,
namely, the DDB, PDEA, PAGCOR and the PCSO were esta blished
by virtue of various laws to address specific needs in their respective
mandates.
VICE AND DRUG EDUCATION AND CONTROL 104

Student's Name:
Year/ Section:
Instructor:
School:

Review Questions
1. What are the major responsibilities of government agencies
tasked to control drugs and vices, including the
Dangerous Drugs Board, PDEA, PAGCOR, and the
PCSO?

2. Identify the main programs implemented by these agencies in


fulfilling their duties and responsibilities.
VICE AND DRUG EDUCATION AND CONTROL 105

3. Discuss the role of these government agencies in controlling


drugs and vices in the country.
VICE AND DRUG EDUCATION AND CONTROL 106

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VICE AND DRUG EDUCATION AND CONTROL 110

APPENDICES

(A) Republic Act No. 9211


AnActRegulating The Packaging, Use, Sale
Distribution And Advertisements Of Tobacco Products
And For Other Purposes

Be it enacted by the Senate and House of Representatives of the


Philippines in Congress assembled:

Section 1. Short Title - This Act shall be known as the "Tobacco


Regula tion Act of 20 03 ."

Section 2. Policy - it is the policy of the State to protect the populace


from hazardous products and promote the right to health and instill
health consciousness among them. It is also the policy of the State,
consistent with the Cons titu tional ideal to promote the general welfare,
to safeguard the Interes ts of the workers and other stakeholders in the
tobacco industry. For these purposes, the government shall institute a
balanced policy whereby the use, sale, and advertisements of tobacco
products shall be regulated in order to promote a healthful environment
and protect the citizens from the hazards of tobacco smoke, and at
the same time ensure that the interest of tobacco farmers, growers ,
workers and stakeholders are not adversely compromised.

Section 3. Purpose - It is the main thrust of this Act to:


a. Promote a healthful environment;
b. Inform the public of the health risks associated with
cigaret te smoking and tobacco use;
c. Regula te and subsequently ban all tobacco advertisements
and sponsorships;
d. Regulate the labeling of tobacco products;
VICE AND DRUG EDUCATION AND CONTROL Ill

e. Pr ot ect the youth from being initiated to cigarette smoking


and tobacco use by prohibiting the sale of tobacco products
to minors;
f. Assists and encourage Filipino tobacco farmers to
cultivate alternative agricultural crops to prevent economic
dislocation; and
g. Create an Inter-Agen cy Committee on Tobacco (IAC
Tobacco) to oversee the implementation of the provision of
this Act.

Section 4. Definition of Terms - As used in this Act:


a. "Advertisement" - refers to any visual and/or audible
message disseminated to the public about or on a
particular product that promote and give publicity by
words, designs, images or any other means through
broadcasts, electronic, print or whatever form of mass
media, including outdoor advertisements, such as but no
limited to signs and billboards. For the purpose of this Act,
advertisement shall be understood as tobacco
advertisement.
b. "Advertising" - refers to the business of conceptualizing,
presenting, making available and communicating to the
public, through any form of mass media, any fact, data
or information about the attributes, features, quality or
availability of consumers products, services or credit.
For the purpose of this Act, advertising shall be
understood as tobacco advertising. This shall specifically
refer to any messages and images promoting smoking; the
purchase or use of cigarette or tobacco trademarks brand
names, design and manufacturer's names;
c. "Advertiser" - refers to a person or entity on whose
account of for whom an advertisement is prepared and
disseminated by the advertising agency, which is service
established and operated for the purpose of counseling or
creating and producing and/or implementing advertising
program in various forms of media;
d. "Cigarette" - refers to any roll or tubular construction,
which contains tobacco or its derivatives and is intended to
be burned or heated under ordinary conditions of use;
VICE AND DRUG EDUCATION AND CONTROL 112

e. "Distributor" - refers to any person to whom a tobacco


product is delivered or sold for purposes of distribution
in commerce, except that such terms does not include a
manufacturer or retailer or common carrier of such
product;
f. "Mass Media" - refers to any medium of communication
designed to reach a mass of people. For this purposes,
mass media includes print media such as, but not limited
to, newspapers, magazines, and publications; broadcast
media such as, but not limited to, radio, television, cable
television, and cinema; electronic media such as but not
limited to the internet;
g. "Minor" - refers to any person below eighteen (18) years old;
h. "Manufacturer" - refers to any person entity, including a
re-packer, who makes, fabricates, assembles, processes, or
labels a finished product;
1. "Package" - refers to pack, boxes, cartons or containers of
any kind in which any tobacco product is offered for sale to
consumers;
J. "Persons" - refers to an individual, partnership, corporation
or any other business or legal entity;
k. "Point-of-sale" - refers to any location at which an individual
can purchase or otherwise obtain tobacco products;
1. "Promotions" - refers to an event or activity organized by or
on behalf of a tobacco manufacturer, distributor or retailer
with the aim of promoting a brand of tobacco product,
which event or activity would not occur but for the support
given to it by or on behalf of the tobacco manufacturer's
name, trademark, logo, etc. on non-tobacco products.
This includes the paid use of tobacco products bearing the
brand names, trade names, logos, etc. In movies, television
and other forms of entertainment. For the purpose of thus
Act, promotion shall be understood as tobacco promotion;
m. "Public Conveyance" - refers to mode of transportation
servicing the general population such as, but not limited
to, elevators, airplanes, buses, taxicabs, ships, jeepneys,
light rail transits, tricycles, and similar vehicles;
n. "Public Places" - refer to enclose or confined areas of all
hospitals, medical clinics, schools, public transportation
terminals and offices, and building such as private and
VICE AND DRUG EDUCATION AND CONTROL 113

public offices, recreational places, shopping malls, movie


houses, hotels, restaurants, and the like'
o. "Retailer" - refers to any person who or entity that sells
tobacco products to individuals for personal consumption;
p. "Smoking" - refers to the act of carrying a lighted cigarette
or other tobacco products, whether or not it is being inhale
or smoked;
q. "Sponsorship" - refers to any public or private contribution
to a third party in relation to an event, team or activity
made with the aim of promoting a brand of tobacco product,
which event, team or activity would still exist or occur
without such contribution. For the purpose of this Act,
sponsorship shall be understood as tobacco sponsorship;
r. "Tobacco" - refers to agricultural components derived
from the tobacco plant, which are processed for use in the
manufacturing of cigarettes and other tobacco products;
s. "Tobacco Products" - refers to any product that consists
of loose tobacco that contains nicotine and is intended
for use in a cigarette, including any product containing
tobacco and intended smoking or oral or nasal use. Unless
stated otherwise, the requirements of this Act pertaining to
cigarettes shall apply to other tobacco products;
t. "Tobacco Grower" - refers to any person who plants tobacco
before the enactment of this Act and classified as such by
the national Tobacco Administration (NTA); and
u. "Warning" - refers to the notice printed on the tobacco
product or its container and/ordisplayed in print or alert in
broadcast or electronic media including outdoor
advertising and which shall bear information on the hazard
of tobacco use;

Healthful Environment
Section 5. Smoking in Public Places - Smoking shall be absolutely
prohibited in the following public places:
a. Centers of youth activity such as play schools, preparatory
schools, elementary schools, high schools, colleges and
universities, youth hostels, and recreational facilities for
persons under eighteen (18) years old;
VICE AND DRUG EDUCATION AND CONTROL 114

b. Elevator and stairwells;


c. Location in which fire hazards are present, including gas
stations and storage areas for flammable liquids, gas,
explosives or combustible materials;
d. Within the buildings and premises of public and private
hospitals. Medical, dental, and optical clinics, health
centers, nursing homes, dispensaries and laboratories;
e. Public conveyance and public facilities including airport
and ship terminals and train and bus stations, restaurant
and conference halls, except for separate smoking areas;
and
f. Food preparation areas.

Section 6. Designated Smoking And Non-Smoking Areas - In all enclosed


places that areopen to the general public, private workplaces, and other
places not covered under the preceding section, where smoking may
expose a person to the other than the smoker to tobacco smoke, the
owner, proprietor, possessor, manager or administrator of such places
shall establish smoking areas. Such areas may include a designated
smoking area within the building, which may be in an open space or
separate area with proper ventilation, but shall not be located within
the same room that has been designated as a non-smoking area.
All designated smoking areas shall at least one (1) legible and visible
sign posted, namely "SMOKING AREA" for the Information and
guidance of a ll concerned. In addition, the sign or not posted shall
include a warning about the health effects of direct or secondhand
exposure to tobacco smoke. Non -s m ok in g areas shall likewise have at
least one (1) legibl e and vis ibl e s ign , nam ely: "NO SMOKING AREA" or
"NO SMOKING".

Access Restrictions
Section 7. Vending Machines, Self-ServiceFacilities - unless the vending
machine has a mechan ism for age verifica t io n, t h e s al e or d is tri bu
tio n of toba cco products to minors by mean s of a vendin g machine or any
self-service facilit y or similar contraption or device is prohibited, except
at point-of-s ale esta blishments.
VICE AND DRUG EDUCATION AND CONTROL

Section 8. Retailer Compliance With Respect To Self-Service Facilities.


- Each retailer shall ensure that alltobacco-related self-service
displays or facilities, advertising, labeling and other items that are
located in the establishment of the retailer and that do not comply
with the requirements of this Act are removed or are brought into
compliance with the requirements of this Act.

Section 9. Minimum Age Sales - Under this Act, It shall be unlawful:


a. For any retailer or tobacco products to sell or distribute
tobacco products to any minor;
b. for any person to purchase cigarettes or tobacco products
from a minor;
c. for a minor to sell or buy cigarettes or any tobacco products;
and
d. a minor to smoke cigarettes or any other tobacco products.
It shall not be a defense for the person selling or distributing that he/
she did not know or was aware of the real age of the minor. Neither
shall it be a defense that he/ she did not know nor had any reason
to believe that the cigarette or any other tobacco product was for the
consumption of the minor to whom it was sold.

Section 10. Sale of Tobacco Products Within School Perimeters - The


sale or distribution of tobacco products is prohibited within one
hundred (100) meters from any point of the perimeter of a school,
public playground or other facility frequented particularly by minors.

Section 11. Signage- Point-of-Sale esta blis hm ents offering, distribu ting
or selling tobacco products to consumers, shall post the following
s ta tement in a clear and conspicuous manner: "SALE/DISTRIBUTION
TO OUR PURCHASE BY MINORS OF TOBACCO PRODUCTS IS
UNLAWFUL" or" IT IS LAWFUL FOR TOBACCO PRODUCTS TO BE
SOLD/DISTRIBUTED TO OR PURCHASED BY PERSONS UNDER 18
YEARS OF AGE".

Section 12. Proof Of Age Verification - In case of doubt as to the


age of the buyer, retailers shall verify, by means of any valid from of
photographic identification containing the date of birth of the bearer,
that no individual purchasing a tobacco is below eighteen (18) years
of age.
VICE AND DRUG EDUCATION AND CONTROL 116

Advertising and Promotions


Section 13. Warning On Cigarette Packages - Under this Act:
a. All packages in which tobacco products are provided to
consumers withdrawn from the manufacturing facility of
all manufacturers or imported into the Philippines intended
for sale to the market, starting 1 January 2004, shall be
printed, in either English or Filipino, on a rotating basis
o separately and simultaneously, the following health
warnings:
"GOVERNMENT WARNING; Cigarettes are Addictive";
"GOVERNMENT WARNING; Tobacco Can harm your
Children"; or
"GOVERNMENT WARNING; Smoking Kills ."
b. Upon effect ivity of this Act u n til 30June 2006, the health
warning shall be located on one side panel of every tobacco
product package and occupy not less than fifty percent
(50%i) of such side pan el inclu ding any border of fram e.
c. Beginnin g 1 July 2006, the health warning shall be on the
bottom portion of one (1 ) front panelof every tobacco
product package and occupy not less than thirty percent
(30%) of such panel including any border or frame. The text
of t h e wa rn ing s ha ll a pp ear in clea r ly legible type in black
text on a white background with a black border and in
contrasts by typography; layout or color to the other printer
materials on the package. The health warning shall occu py
a total area of less than fifty percent (50%) of the total
warning frame.
d. The warning shall be rotated periodicaly, or separatelyand
simultaneously printed, so that within any twenty-four (24)
month period, the four (4) va r ia tio n s of the warnings shall
appear with proportionate frequency.
e. The warning shall not be hidden or obscured by other
printed information or images, or printed in a location
where tax or fiscal stamps are likely to be applied to the
package or placed in a location where it will be damaged
when the package is opened. If the warning to be printed
on the package is likely to be obscured or obliterated by a
wrapper on the package, the warning must be printed on
both the wrapper and the package.
VICE AND DRUG EDUCATION AND CONTROL 117

f. In addition to the health warning all packages of tobacco


products that are provided to consumers shall contain, on
one side panel the following statement in a clear, legible
and conspicuous manner; "NO SALE TO MINORS" or "NOT
FOR SALE TO MINORS." The statement shall occupied an
area of not less than ten percent (10%) of such side panel
and shall appear in contrast by color, typography or layout
with all the other printed material on the side panel.
g. No other printed warnings, except the health warning and
the message required in this Section, paragraph F shall be
placed on cigarette packages.

Section 14. Warning On Advertising - Under this Act:


a. All tobacco advertising in mass media shall contain either
in English or Filipino, the following health warning;
"GOVERNMENT WARNING: Cigarette Smoking is
Dangerous to Your Health ."
b. For print and outdoor advertisement, the warning frame
shall be centered across the bottom of the advertisement
and occupy a total area of not less than fifteen percent
(15°/o) of such advertisement including any border or fame.
The text of the healt h warnings shall be clearly visible and
legible, printed in a prominent color as approximate and
shall appear in contrast by color, typography or layout
with all other printed material in the advertisement. The
warning shall not be hidden or obscured by other printed
information or images in the advertisement.
c. For television and cinema advertisements, the warning
shall be clearly shown and voiced over in the las t five (5)
seconds of the advertisement, regardless of the duration of
the advertisement, even when such advertisement is silent.
The health warning shall occupy a total area of not les s
than fifty percent (50%) of the television screen and shall be
clearly visible, legible, and audible, in black text on white
background or white text on black background. No other
images except in writing shall be included in the warning
frame.
d. For radio advertisement, the warnings stated after the
advertisement shall be clearly and audibly voiced over in
VICE AND DRUG EDUCATION AND CONTROL 118

the last five (5) seconds of the advertisement, regardless of


its duration.

Section 15. Restrictions On Advertising - The following restrictions


shall apply to all tobacco advertising:
a. Advertisement shall not be aimed at or particularly
appeal to persons under eighteen (18) years of age.
b. Advertisement shall not feature a celebrity or contain
an endorsement, implied or express by a celebrity.
c. Advertisement shall not contain cartoon characters
or subjects that depict humans or animals with
comically exaggerated features or that attribute
human or unnatural characteristics to animals, plants
or other objects.
d. Advertisement shall not show, portray or depict scenes
where the actual use of, or the act of using, puffing
or ligh ting cigarettes or other tobacco products is
presented to the public.

Section 16. Restrictions on Print Media Advertising - The following


restrictions shall apply to all print media tobacco advertisements:
a. Advertisements shall not be placed in any printed
publication unless there is a reasonable basis to
believe that at least seventy-five percent (75°/o) of the
readers of such publication are eighteen (18 ) years of
age and above, and the number of youth who read it
constitutes less than ten percent (1 0% ) of all youth in
the Philippines.
b. Advertisements shall not be placed on the packaging
or outside covers (front and back) of a magazine,
newspaper, journal or other publication printed for
general circulation.
VICE AND DRUG EDUCATION AND CONTROL 119

Section 17. Restrictions on Outdoor Advertising - The following


restrictions shall apply to all print media tobacco advertisements:
a. Outdoor advertisements shall not be placed on billboards,
wall murals, or transport stops or stations which are
within the one hundred (100) meters from any point of the
perimeter of a s chool, pu blic pla ygr ou nd or ot h er facility
frequented particularly by persons below eighteen (18)
years of age.
b. Outdoor advertisements shall not, either individually or
when placed in deliberate combination with other outdoor
tobacco advertising, exceed s eventy (70) square meters in
total size.
c. Outdoor advertisements shall not be placed on taxis, buses,
trains or other public conveyance or in sta tions, terminals
or platforms thereof, except point-of-s al e es ta blis hm en ts .

Section 18. Restrictions on Advertising In Cinemas - Tobacco


advertisements are prohibited in connection with the showing of
any film where persons below eighteen (18 ) years old are permitted
admission

Section 19. Restrictions on Television - Advertis em ents s h al l not be


broa d ca s t on television, cable television, and radio between seven o'
clock in the morning and seven o' clock at night.

Section 20. Restriction on Advertising In Audio, Video And Computer


Cassettes/ discs And Similar Medium - No electronic advertisements
shall be incorporated within any video or audio cassette, video game
machine, optical disc or any similar medium, unless access to the
item is restricted to persons eighteen (18) years of age or older. For
the purpose of this Section, video game includes any electronic
amusement device that utilizes a computer, microprocessor, or similar
electronic circuitry and its own cathode ray tube, or is designed to be
used with a television set or monitor that intera cts with the user of
the device.

Section 21. Restrictions on Advertising On The Internet And Similar


Medium - Advertisement are prohibited on the internet and other
similar medium unless that Internet site is restricted to persons
VICE AND DRUG EDUCATION AND CONTROL 120

eighteen (18) years of age or older. A site will be deemed restricted


if a person cannot obtain access beyond the first page of the website
unless the persons has established that he or she is at least eighteen
(18) years old. This limitation applies to commercial communications
and shall not prevent the use of company Internet websites to provide
information regarding a company, its products and smoking and
health related information. This Section shall prohibit business-to-
business transactions conducted on the Internet, and other similar
medium between tobacco manufactures, retailers and distributors.

Section 22. Ban On Advertisements - Beginning 1 January 2007, all


tobacco advertising on television, cable television and radio shall be
prohibited.
Beginning 1 July 2007, all cinema and outdoor advertising shall
be prohibited. No leaflets , posters and similar outdoor advertising
materials be posted, except inside the premises of point-of-sale retail
establishments.
Beginning 1 July 2008, all forms of tobacco advertising in mass media
shall be prohibited except tobacco advertisements placed inside
the premises of point-of sale establishments.

Section 23. Restrictions on Tobacco Promotions - The following


res t rictions shall apply on all tobacco promotions.
a. Promotions must be directed only to persons at least
eighteen (18) years old. No person below eighteen (18)
years old or who appear to be below eighteen (18) years
old may participate in such promotions. The participants
in promotions must be required to provide proof of age.
b. Communications to consumers about tobacco promotions
shall comply with the provisions of thisActgoverning
tobacco advertising. In addition to the required health
warning, the age requirement for participation in any
promotion must be clearly marked on the program
materials distributed to consumers.
c. All stalls, booths and other display concerning tobacco
promotions must be limited to point-of-sale of adult only
facilities.
d. Telephone Communications concerning promotional offers,
programs or events must include a recorded health
warning
VICE AND DRUG EDUCATION AND CONTROL 121

message in English or Filipino consistent with the warnings


specified in this Act.
e. No placement shall be made by manufactu rer, distri butor,
or retailer of any tobacco product or tobacco product
packages and advertisement as a prop in any television
program or motion picture produced for viewing by the
general public or in a video, or optical disc or on video
game machine.
f. The name, logo or other indicia of a cigarette brand may
appear on cigarette lighters, ashtrays, of other smoking
related items. If such name, logo or other indicia of the
cigarette brand is larger than fifty (50) square centimeters,
the item must carry a health warning consistent with the
warnings specified in this Act.
g. No merchandise such as, but not limited to, t-shirts,
caps, sweatshirts, visors, backpacks, sunglasses, writing
implements and umbrellas, may be distributed, sold or
offered, directly or indirectly, with the name, logo or other
indicia of a cigarette brand displayed so as to be visible to
others when worn or used. Clothing items must be in adult
sizes only.
h. No name, logo or other indicia of a cigarette brand or
element of a brand-related marketing activity, may appear
on items that are marketed to or likely to be used by
minors such as but not limited to sports equipment, toys,
dolls, miniature replicas of racing vehicles, video games,
and food. The manufacturer or company must take all
available measures to prevent third parties from using the
company's brand names. Logos or other proprietary
material on products that are directed toward minors.
1. No tobacco advertisements may be placed on shopping
bags.

Section 24. Naming Rights. - Subject to the provision of this Act:


a. No ma n u fact urer may enter into any agreement pursuant
to which payment is made or other consideration is
provided by such manufacturer to any sports league, or
any team involved in an y such league, in exchange for use
of tobacco products brand.
VICE AND DRUG EDUCATION AND CONTROL 122

b. No manufacturer may enter into any agreement for the


naming rights of any stadium or arena using a tobacco
product brand name or otherwise cause a stadium or arena
to be name with such a brand name.

Section 25. Restrictions on Sponsorships. Beginning 1 J u ly 2006:


a. No sponsorship shall be provided for:
1) an event or activity which bears a tobacco product
brand name, unless there is reasonable basis to
believe that all persons who compete, or otherwise
taken an active part, in the sponsored events or
activities, are person eighteen (18) years of age or
older ;
2) a team or individual bearing a tobacco product
name, unless all persons under eighteen (18) years
of age or older;
3) a sponsored event or activity reasonably believed to
be particu lar appear to persons under eighteen (18)
years old.
b. Tobacco brand sponsorship shall be prohibited except where
there is a reasonable basis to believe that:
1) att endance at the sponsored event or activity will
comprise no less than seventy-five percent (75°/o)
persons at least eighteen years of age or old er;
2) the sponsored event or activity will not be of
par tic u la r appeal to persons under eighteen (18)
years old;
3) the sponsored event or activity will not receive
exposu re, other than as a news item, on television
or radio or the Intern et, unless such exposure
complies with the provisions of this Act governing
tobacco marketing through those media; and
4) the principal activity associated with the sponsorship
does not require above-average physical fitness for
someone of the age group of those taking pa rt .
VICE AND DRUG EDUCATION AND CONTROL 123

c. All persons authorized to bear tobacco product advertisement,


logos and brand names at sponsored events shall be at least
eighteen (18) years old.
d. All forms of advertising associated with or ancillary to
sponsorship shall comply with the marketing provisions of this
Act.

Section 26. Banon Sponsorships. - Begin nin g 1 J uly 2008, cigarette


and tobacco companies are hereby prohibited from sponsoring any
sport, concert, cultural art or event, as well as individual and team
athletes, artists, or performers where such sponsorship shall required
or involve the advertisement or promotion of any cigarette or tobacco
company, tobacco product or tobacco use, name, logo or tr ademar ks
and other words, symbols, designs, colors or other depictions
commonly associated with or likely to identify a tobacco product;
Provided further, That no manufacturer may register a tobacco brand
name as a company name after the passage of this Act.

Section 27. Restriction on Sampling. - The distribution of samples of


tobacco products to persons below eighteen (18 ) yea r s old is p r oh ibited .

Section 28. Legal Action. - Any legal action in connection with the
tobacco industry shall be governed by the provisions of the Philippine
Civil Code and other applicable laws.

Implementing Agency and Application


Section 29. Implementing Agency. - An In te r-Agen cy Co m m itt ee
Tobacco (!AC-Tobacco), which shall have the exclusive power and
function to administer and implement the provisions of this Act, is
hereby created. The !AC-Tobacco shall be chaired by the Secretary of
the Department of Trade and Industry (DTI) with the Secretary of the
Department of Health (DOH) as Vice Chairperson. The !AC-Toba cc o
s hall have the following members:
a. Secretary of the Department of Agriculture (DA);
b . S ec ret ary of the Depa rt ment of Justice (DOJ);
c. Secretary of the Department of Environment and Natural
Resources (DENR);
VICE AND DRUG EDUCATION AND CONTROL 124

d. Secretary of the Department of Science and Technology


(DOST);
e. Secretary of the Department of Education (DepEd);
f. Administrator of the National Tobacco Administration
(NTA);
g. A representative from the Tobacco Industry to be nominated
by the legitimate and recognized associations of the
industry; and
h. A representative from a nongovemment organization (NGO)
involved in public health promotion nominated by DOH in
consultation with the concerned NGO's;
The Department Secretaries may designate their Undersecretaries as
their authorized representatives to the IAC.

Section 30. Application to Tobacco Products - This provision of this


Act shall apply to all tobacco products placed into commerce in the
Philippines. Except as provided below, no provision of this Act shall
apply to tobacco products intended or offered by the man u factu rer for
export and not for (retail) sale in the Philippines.
Tobacco products intended or offered for export shall be subject only
to the requirement that the shipping container shall be prominently
marked on the outside "Export Only": Provided, that tobacco products
which are marked for export, but are sold/traded or distributed in
the Philippine market, shall be subject to immediate confiscation and
destruction.

Section 31. Compliance Monitoring - Not later than one (1) year after
the date of the effec tivity of this Act, and annually thereafter, the IAC
Tobacco shall submit to the President of the Philippines and to both
Houses of Congress a Compliance Monitoring Report on the
compliance of the manufacturers on all applicable laws and ordinances
with respect to the manufacture and distribution of tobacco products.
The report shall contain pertinent information on the methods, goals
and implementation program of said manufacturers with respect to
the requirements of this Act.
VICE AND DRUG EDUCATION AND CONTROL 125

Section 32. Penalties - The following penalties shall apply:


a. Violation of Sections 5 and 6. - On the first offense, a fine
of not less than Five Hundred Pesos (Php 500.00) but not
more than OneThousand (Php 1,000.00) shall be imposed.
On the second offense, a fine of not less than
OneThousand Pesos (Php 1,000.00) but not more than
Five Thousand Pesos (Php 5,000.00) shall be imposed.
On the third offense, in addition to a fine of not less than
Five Thousand Pesos (Php 5,000.00) but not more than Ten
Thousand pesos (Php 10,000.00), the business permits and
licenses to operate shall be cancelled or revoked.
b. Violation of Sections 7,8,9, 10 and 11 - On the first offense,
any person or any business entity or establishment selling
to, distributing or purchasing a cigarette or any other
tobacco products for a minor shall be fined the amount of
not less than Five Thousand Pesos (Php 5,000.00) or an
imprisonment of not more than thirty (30) days, upon the
discretion of the business licenses or permits in the case of
a business entity or establishment.
If the violation is by establishment of business entity, the
owner, president, manager, or the most senior officers
thereof shall be liable for the offense.
If a minor is caught selling, buying or smoking cigarettes or
any other tobacco products, the provisions of Article 189 of
Presidential Decree No. 603 otherwise known as The Child
and Youth Welfare Code, as amended, shall apply.
c. Violation of Section 13 to 27 - On the first offense, a fine of
not more than OneHundred thousand pesos (Php
100,000.00) or imprisonment of not more than one (1)
year, or both, at the discretion of the court shall be
imposed.
On the second offense, a fine of Two hundred thousand
pesos (Php 200,000.00) or imprisonment of not more than
two (2) years, or both, at the discretion of the court shall be
imposed.
On the third offense, in addition to a fine of not more
than Four Hundred thousand pesos (Php 400,000.00) or
imprisonment of not more than three (3) years, or both
at the discretion of the court, the business permits and
VICE AND DRUG EDUCATION AND CONTROL 126

licenses, in the case of a business entity or establishment


shall be revoked or cancelled.
In the case of a business entity or establishment, the
owner, president, manager or officials thereof shall be
liable.
If the guilty officer is an alien, he shall summarily be
deported after serving his sentence and shall be forever
barred from re-entering from the Philippines .

Programs and Projects


Section 33. Programs and Projects - For a period not exceeding five (5)
years, the National Government and the concerned departments and
agencies shall provide the following programs and projects:
a. Tobacco Grower's Ass is ta n ce Program - This program
shall be utilized to support financially the tobacco farmers
who may be displaced due to the implementa tion of this
Act has voluntarily ceased to produce tobacco. To avail of
this program, a beneficiary shall present convincing an d
substantial evidence that:
1. He or she has been a tobacco farmer for the last
three (3) years prior to January 1, 2004;
2. He or she belongs to the tobacco producing
provinces;
3. He or she has certifica te of eligibility to a pply is su ed
by t he loca l government Unit and the NTA; and
4. . He or she has ceased to plant tobacco for
the next preceding season after the enactment of
this Act.
b. Tobacco Growers Cooperative.- This program shall promote
cooperativeprograms to assist tobacco farmers in
developing alternative farming systems, plant alternative
crops and other livelihood projects. The requirements of
subsection
(a) shall likewise apply.
c. National Smoking Cessation Program - A Na tiona l Smoking
Cessation Program shall be undertaken with the approval
of the !AC-Tobacco. The implementing rules and guidelines
to reinforce this program shall be submitted to the IAC
Tobacco by the Secretary of Healt h within three (3) mon th s
after the effectivity of this Act.
VICE AND DRUG EDUCATION AND CONTROL 127

d. Research and Development Program - The !AC-Tobacco


shall establish a research and develop a program to be
spearheaded by the NTA in cooperation with the DOST,
which will undertake studies concerning technologies and
methods to reduce the risk of dependence and injury from
tobacco product usage and exposure, alternative uses of
tobacco and similar research programs.
e. National Tobacco-Free Public Education Program.- State
Universities and Colleges and technical and Vocational
Schools shall provide scholarships programs to defendants
of tobacco growers for which the administrator of the NTA
shall provide implementing rules and guidelines. The
guidelines shall be submitted to the IAC- Tobacco within
three (3) months after the effectivity of this Act.
f. Displaced Cigarette Factory Workers' Assistance Program.
The Secretary of Labor and Employment with the
concurrence of the !AC-Tobacco shall establish a program
to assist displaced terminated/ separated or retrenched
cigarette factory workers as result of the enactment of the
Act. The Secretary of Labor in coordination with the NTA
and DTI shall provide the rules as guidelines to effectuate
this program and submit the same to the !AC-Tobacco
within three (3) months after the effectivity of this Act.
g. Health Programs.- The !AC-Tobacco, in consultation with
DOH, shall be responsible for awarding grants to all
medical institutions for the purpose of planning, carrying
out, and evaluating activities related to smoking-related
illnesses. The !AC-Tobacco shall submit to Congress and
President of the Philippines the annual report of
expenditures related to this program.
h. Withdrawal Clinics.- The DOH shall establish smoking
withdrawal clinics to provide counseling regarding the
hazardous health effects of tobacco/ cigarette smoking and
to rehabilitate smokers form the hazardous effects of such
products.
If a smoker-minor voluntarily submits himself for treatment, counseling
or rehabilitation in smoking withdrawal clinic located in any medical
institution in the Philippines, or through the parents/ guardian, the
expenses incurred shall be reimbursable outpatient service of the
Philippine Health Insurance Corporation.
VICE AND DRUG EDUCATION AND CONTROL 128

Information Program
Section 34. Informative Drive. - Consistent with the provisions of
this Act, the DOH shall, in cooperation with the DepEd and with the
assistance of the Philippine Information Agency (PIA), undertake a
continuous information program on the harmful effects of smoking.
The DOH shall enlist the active participation of the public and private
sectors in the national effort to discourage the unhealthy habit of
s moking.

Section 35. Instructions on the Hazardous Effect of Smoking as Part


of School Curricula. - Instruction on the adverse effects of cigarette
tobacco smoking, including their health, environmental and economic
implications, shall be integrated into the existing curricula of all pu blic
and private elementary and high schools.
The DepEd Secretary shall promulgate such rules and regulations as
may be necessary to carry out the above stated policy hereof, and,
with, the assis ta nce of the Secretary of Health, and with the approval
of the !AC-Toba cco, s hall cause the publication and distribution of
materi als on the unhealthy effects of smoking to students and the
general public.

Miscellaneous Provisions
Section 36. Congressional Oversight Committee on Tobacco. - a
Congressional Oversight Committee on Tobacco (C OC-Tobacco) is
hereby constituted which is mandated to monitor and review the
implementation of this Act for a period not exceeding three (3) years.
The COC-tobacco shall be composed of the Chairpersons of the
Senate Committee on Healt h , Trade and Commerce, Agric u lt u re and
Pu b lic Information and the House of Representative Committees on
Trade and Industry, Health, Public Information and Agriculture and
a Member of the House of representatives representing the tobacco
producing provinces, to be nominated by all the Members of the House
of Repres en ta tives from tobacco producing districts.
The Secretariat of the COC -Tobacco shall be drawn from the existing
secretariat personnel of the standing committees comprising the
Congressional Oversight Committee and its funding requirements
shall be charged against the appropriations of both the House of
Repr es en ta tives and the Senate of the Phi lippin es .
VICE AND DRUG EDUCATION AND CONTROL 129

Section 37. Implementing Rules. - The !AC-Tobacco shall promulgate


such rules and regulations necessary for effective implementation of
this Act within six (6) months from the date of publication of this Act.
The said rules and regulations shall submitted to the COC-Tobacco
for its review. The COC-Tobacco shall approve the implementing rules
and regula tions within thirty (30) working days of receipt thereof:
Provided, That in the event the implementing rules and regulations
are not promulgated within the specified period, the specific
provisions of this Act shall immediately be executory.

Section 38. Appropriations. - The amount necessary to implement


the provisions of th is Act shall be charged against the current year's
appropriations of the concerned national government agencies.
Thereafter, such funds as may be necessary for the continued
implementation of this Act shall be included in the budgets of the
concerned national government agencies under the annual General
Ap p ro pria ti ons Act.

Section 39. Repealing Clause. - DOH Administrative Orders No. 10 s.


1993 and No. 24 s . 1993 are hereby repealed. Article 94 of Repu blic
Act No. 7394, as amended, otherwise known as the Consumer Act of
the Philippin es, is hereby amended.
All other laws, decrees, ordinances, administrative orders, rules and
regulations, or any part thereof, which are consistent with this Act are
likewise repealed or amended accordingly.

Section 40. Separability Clause. - Should any provisions of this Act be


subsequently declared unconstitu tional, the other provisions not so
declared shall remain in full force and effect.

Section 41. Effectivity. - Th is Act shall take effect fifteen (15) days
after its publication in the Official Gazette and at least two (2)
newspapers of na tional circ ulation.
VICE AND DRUG EDUCATION AND CONTROL 130

(B) Republic Act No. 6956


AnActModifying The Excise Tax On Distilled Spirits, Wines,
Fermented Liquor And Cigarettes, Amending For The Purpose
Sections 138(A) And (B), 139, 140 And 142(C) And (D) Of The
National Internal Revenue Code, As Amended
Be it enacted by the Senate and House of Representatives of the
Philippines in Congress assembled::

Section 1. Sections 138(a) and (b), 139, 140 and 142(c) and (d) of
the National Internal Revenue Code, as amended, are hereby further
amended to read as follows:
"Sec. 138. Distilled spirits. - On distilled spirits, there shall be
collected, subject to the provisions of Section 130 of this Code,
specific taxes as follows:
"(a) If produced from sap of nipa, coconut, cassava,
camote or buri palm or from the juice, syrup or sugar
of the cane, provided, such materials are produced
commercially in the country where they are processed
into distilled spirits, perproof liter, Four pesos: provided,
that if produced in a pot still or other similar primary
distilling apparatus, by a distiller producing not more
than 100 liters a day, containing not more than fifty
percent (50%) of alcohol by volume, per proof liter, One
peso and fifty-six centavos;
"(b) If produced from raw materials other than those
enumerated in the preceding paragraph, per proof liter,
Thirty-five pesos; and"
"Sec. 139. Wines.- On wines there shall be collected per liter of
volume capacity the following taxes:
"(a) Sparkling wines regardless of proof, Twenty-six
pesos;
"(b) Still wines containing fourteen percent (14%) of
alcohol by volume or less, Three pesos; and
"(c) S till wines containing more than fou rt ee n percent
(14%) of alcohol by volume, Eight pesos.
"Fortified wines containing more than twenty-five percent (25°/o)
of alcohol by volume shall be taxed as distilled spirits. Fortified
VICE AND DRUG EDUCATION AND CONTROL 131

wines shall mean natural wines to which distilled spirits are


added to increase their alcoholic strength."
"Sec. 40. Fermented liquor. -There shall be levied, assessed and
collected an ad valorem tax equivalent to fifty percent {50%)
upon the effectivity of this Act and sixty per cent (60%) six (6)
months thereafter of the brewer's wholesale price, excluding
the ad valorem tax imposed under this Title IV, on beer, lager
beer, ale, porter and other fermented liquors except tuba, basi,
tapuy and similar domestic fermented liquors, but in no case
shall the sum total of the ad valorem tax and value-added tax
be less than Pl .00 per regular 320 ml. bottle."
"Sec. 142. Cigars and cigarettes. -
"{c) Cigarettes packed in twenties. - There shall be levied,
assessed and collected on cigarettes packed in twenties an
ad valorem tax at the rates prescribed below based on the
manufacturer's registered wholesale price:
"(1) On locally manufactured cigarettes bearing a
foreign brand, fifty-five percent (55%): provided, that
this rate shall apply regardless of whether or not
the right to use or title to the foreign brand was sold
or transferred by its owner to the local
manufacturer. Whenever it has to be determined
whether or not a cigarette bears a foreign brand, the
listing of brands manufactured in foreign countries
appearing in the current World Tobacco Directory
shall govern.
"(2) On other locally manufactured cigarettes, forty
five percent (45°/o).
"Duly registered or existing brands of cigarettes packed
in twenties shall not be allowed to be packed in thirties.
"When the existing registered wholesale price, including
tax, of cigarettes packed in twenties does not exceed
P4.00 per pack, the rate shall be twenty percent (20%).
"{d) Imported cigarettes. - If the cigarettes are of foreign
manufacture, regardless of the contents per pack, there
shall be levied, assessed and collected an ad valorem tax
of sixty-five percent (65%) of the importer's wholesale price
and fifty-five percent (55%) beginning July 1, 1990.
"For the purposes of this section, 'manufacturer's
or importer's registered wholesale price' shall
include
VICE AND DRUG EDUCATION AND CONTROL 132

the ad valorem tax imposed in paragraphs (a), (b),


(c), or (d) hereof and the amount intended to cover
the value-added tax imposed under Title IV of this
Code."

Section 2. The Secretary of Fin ance, upon recommendation of the


Commissioner of Internal Revenue, shall promulgate the necessary
rules and regulations for the effec tive im plem enta tio n of the
provisions of this Act.

Section 3. Except as provided herein, this Act shall take effect fifteen
(15 ) days following its publication in a newspaper of general
circulation in the Philippines.

(C} Presidential Decree No. 1602


WHEREAS, Philippine Gambling Laws particularly Articles 195-
199, the Revised Penal Code, Republic Act No. 3063 (Horse
Racing Bookies}, Presidential Decree No . 499 (Coc kfight in g},
Presidential Decree No. 483, (Game Fixing}, Presidential Decree
No., 519 (Slot Machines} and Presidential Decree No. 1036
(Jai-alai Bookies} and other City and Municipal Ordinances
gambling all over the country have become ineffective and easily
circumvented in view of the confusing and inappropriate system
of penalties imposed on violations thereof.
WHEREAS, there is an urgent need to update these gambling laws for
simplicity and clearer understanding and to standardize and provide
stiffer penalties for their violations to make them more effective and
res ponsive to the presen t norms of conduct and behavior of the peo ple.

NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the


Philippines , by virtue of the powers vested in me by the Constitution
and in order to effect the desired and necessary changes and reform s
in the social and economic structure of our society, do hereby
order and declare to be part of the laws of the land, the following:
VICE AND DRUG EDUCATION AND CONTROL 133

Sec. 1. Violations and Penalties. - The penalty of prision mayor


in its medium degree or a fine ranging from Five Hundred Pesos to
Two Thousand Pesos and in case of recidivism the penalty of prision
correccional in its medium degree or a fine of ranging from One
Thousand Pesos to Six Thousand Pesos shall be imposed upon:
(a) Any person other than those referr ed to in the succeeding
subsection who in any manner, shall directly or indirectly
take part in any game of cockfighting, jueteng, bookies
(jai- alai or horse racing to include game fixing) and other
lotteries, cara y cruz or pompiang and the like, black jack,
lucky nine, "pusoy" or Russian Poker, monte, baccarat and
other card games, palk que, domino, mahjong, high and
low, slot machines, roullette, pinball and other mechanical
inventories or devices, dog racing, boat racing, car raising
and other races, basketball, volleyball, boxing, seven-eleven
dice games and the like and other contests to include
game fixing, point shaving and other machinations
banking or percentage game, or any other game or scheme,
whether upon chance or skill, which do not have a
franchise from the national government, wherein wagers
consisting of money, articles of value of representative of
value are made;
(b) Any pers on who shall knowingly permit any form of
gambling referred to in the preceding subdivision to
be carried on in inhabited or uninhabited places or any
building, vessel or other means of transporta tion owned or
controlled by him. If the pla ce where gambling is carried
on has a reputation of a ga m blin g pla ce or that prohibited
gambling is frequently carried on therein or the place is
a public or government building or barangay hall, the
culprit shall be punished by the penalty provided for in
its maximum period and a fine of Six Thousand Pesos.

The penalty of prision correccional in its maximum degree and a fine of


Six Thousand Pesos shall be imposed upon the maintainer, conductor
of the above gambling schemes.
The penalty of prision mayor in its medium degree and temporary
absolute disqualification and a fine of S ix Thousand Pesos shall be
imposed if the maintainer, conductor or banker is a government
official, or if a player, promoter, referee, umpire, judge or coach in
cases of game-fixing, point-s having and other game machination.
VICE AND DRUG EDUCATION AND CONTROL 134

The penalty of prision correccional in its medium degree and a fine


ranging from Five Hundred pesos to Two Thousand Pesos shall be
imposed upon any person who shall knowingly and without lawful
purpose in any hour of any day shall have in his possession any lottery
list, paper, or other matter containing letter, figures, signs or symbols
which pertain to or in any manner used in the game of jueteng, jai-alai
or horse racing bookies and similar game or lottery which has taken
place or about to take place.

Sec. 2. Barangay Official. -Any barangay official in whose jurisdiction


such gambling house is found and which house has the reputation of
a gambling place shall suffer the penalty of prision correccional in
its medium period and a fine ranging from Five Hundred to Two
Thousand Pesos and temporary absolute disqualifications.

Sec. 3. Informer's Reward. - Any person who shall give the


information that will lead to the arrest and final conviction of the
offender shall be rewarded an amount equivalent to Twenty Per
Centum (20%) of the cash money confiscated form the offender.

Sec. 4. Repealing Clause. - The provisions of Articles 196, 197,


198 and 199 of the Revised Penal Code, as amended, Republic Act
No. 3063, Presidential Decree Nos. 483, 499, 510, 1306, Letter of
Instructions, laws, executive orders, rules and regulations, City and
Municipal Ordinances which are inconsistent with this Decree are
hereby repealed or accordingly modified.

Sec. 5. Effectivity. - This Decree shall take effect immediately upon


publication thereof by the Minister of the Ministry of Public Information
at least once in a newspaper of general circulation.

DONE in the City of Manila, this 11th day of June in the year of Our
Lord, nineteen hundred and seventy-eight.
VICE AND DRUG EDUCATION AND CONTROL 135

(D) Republic Act No. 3063


AnActAuthorizng Licensed Race-Tracks And Racing Clubs And
Their Authorized Agents To Offer, Take Or Arrange Bets Outside
The Place, Enclosure Or Track Where The Races Are Held,
Provided Such Bets Are Offered, Taken Or Arranged Only In Rizal
Province And In Chartered Cities, And Providing Proper Penalties
For Violations Thereof, Amending For The Purpose Sections Two
And Seven Of Republic Act Numbered Nine Hundred Fifty-Four.

Section 1. Section two of Republic Act Numbered Nine hundred


fifty four is amended to read as follows:
"Sec. 2. No person shall offer, take or arrange bets on any horse race,
or maintain or use a totalizator or other device, method or system
to bet or gamble on any horse race outside the place, enclosure, or
track where the race is held. This prohibition shall not apply to a
race track or racing club duly licensed by the Games and
Amusements Board to conduct horse races nor to the duly authorized
agents of such race-track or racing club, which race-track or racing
club and its duly authorized agents are hereby authorized on the days
when races are being held in its premises to offer, take or arrange bets
outside the place, enclosure or track where the races are held,
provided such bets are offered, taken or arranged only in Rizal
Province and in chartered cities. The sale of such tickets shall be
made only from offices or booths and shall be recorded in the race-
track before the start of the races."

Section 2. Section seven of the same Act is amended to read as follows:


"Sec . 7. Any violation of this Act shall be punished by a fine of not less
than one thousand pesos not more than two thousand pesos or by
imprisonment for not less than one month or more than six months,
or both, in the discretion of the court. If the offender is a partnership,
corporation or association, the criminal liability shall devolve upon its
president, director, or any other official res pons ible for the violation .

Section 3. This Act shall take effect upon its approval.


Ap proved : June 17, 1961
VICE AND DRUG EDUCATION AND CONTROL 136

(E) Presidential Decree No. 449


Cockfighting Law Of 1974
WHEREAS, cockfighting has been and still is a popular, traditional
and customary form of recreation and entertainment among Filipinos
during legal holidays, local fiestas, agricultural, commercial and
industrial fairs, carnivals or expositions;
WHEREAS, by reason of the aforestated meaning and connotation of
cockfigh ting in relation to filipino customs and traditions, it should
neither be exploited as an object of commercialism or business
enterprise, nor made a tool of uncontrolled gambling, but more as a
vehicle for the preservation and perpetuation of native Filipino heritage
and thereby enhance our national identity.
NOW, THEREFORE, I, FERDINAND E. MARCOS, Pr es ident of the
Philippines, by virtue of the powers vested in me by the Constitution,
do hereby decree and order to be part of the laws of the lan d, the
following:

Section 1. Title. This Decree sha ll be known as the "Cockfighting Law


of 1974".

Section 2. Scope. This law shall govern the establishment, operation,


maintenance and ownership of cockpits .

Section 3. Declaration of Policy. It is hereby declared a policy of


the government to insure within the framework of the New Society
maximum development and promotion of wholesome recreation and
amusement to bring about the followin g goals:
(a) To effectively co n t rol and regu la te cockfighting towards
its establishment as a national recreation, relaxation and
source of entert a in men t;
(b) To provide additional revenue for our tourism program; and
(c) To remove and prevent excessive and unreasonable business
operation and profit considerations in the management
of cockpits and, instead preserve Philippine customs and
traditions and thereby enhance our national identity.
VICE AND DRUG EDUCATION AND CONTROL 137

Section 4. Definition of Terms. As used in this law, the followin g terms


shall beunderstood, applied and construed as follows:
(a) Cockfighting shall embrace and mean the commonly known
game or term "cockfighting derby, pintakasi or tupada", or
its equivalent terms in different Philippine localities.
(b) Zoning Law or Ordinance Either both national or local city
or municipal legislation which logically arranges,
prescribes, defines and apportions a given political
subdivision into specific land uses as present and future
projection of needs warrant.
(c) Bet Taker of Promoter A person who calls and takes care
of bets from owners of both gamecocks and those of other
bettors before he orders commencement of the cockfigh t
and thereafter distributes won bets to the winners after
deducting a certain commission.
(d) Gaffer (Taga Tari) A person knowledgeable in the art of
arming figh tin g cocks with gaff or gaffs on either or both
legs.
(e) Referee (Sentenciador) A person who watches and oversees
the proper gaffing of figh tin g cocks, determines the
physical condition of fighting cocks while cockfighting is in
progress, the injuries sustained by the cocks and their
capability to continue fighting and decides and make known
his decision by work or gestures and result of the
cockfight by announcing the winner or declaring a tie or no
contest game.
(f) Bettor A pe rs on who pa r ticipa t es in coc kfig hts and wit h
the use of money or other things of value, bets with other
bettors or through the bet taker or promoter and wins or
loses his bet depending upon the result of the cockfight as
announced by the Referee or Sentenciador. He may be the
owner of fighting cock.

Section 5. Cockpits and Cockfighting: In General:


(a) Ownership, Operation and Management of Cockpits.
Only Filipino citizens not otherwise inhibited by existing
laws shall be allowed to own, manage and operate
cockpits. Cooperative capital ization is encouraged.
VICE AND DRUG EDUCATION AND CONTROL 138

(b) Establishment of Cockpits. Only one cockpit shall be


allowed in each city or municipality, except that in cities
or municipalities with a population of over one hundred
thousand, two cockpits may be established, maintained
and operated.
(c) Cockpits Site and Construction. Cockpits shall be
constructed and operated within the appropriate areas as
prescribed in Zoning Law or Ordinance. In the absence of
such law or ordinance, the local executives shall see to it
that no cockpits are constructed within or near existing
residential or commercial areas, hospitals, school
buildings, churches or other public buildings. Owners,
lessees, or operators of cockpits which are now in existence
and do not conform to this requirement are given three
years from the dateof effectivity of this Decree to comply
herewith. Approval or issuance of building permits for the
construction of cockpits shall be made by the city or
provincial engineer in accordance with their respective
building codes, ordinances or engineering laws and
practices.
(d) Holding of Cockfights. Except as provided in this Decree,
cockfighting shall beallowed onlyin licensed cockpits during
Sundays and legal holidays and during local fiestas for not
more than three days. It may also be held during
provincial, city or municipal, agricultural, commercial or
industrial fair, carnival or exposition for a similar period of
three days upon resolution of the province, city or
municipality where such fair, carnival or exposition is to
be held, subject to the approval of the Chief of
Constabulary or his authorized representative: Provided,
that, no cockfighting on the occasion of such fair, carnival
or exposition shall be allowed within the month of a local fies
ta or for mor e than two occasions a year in the same city or
municipality: Provided, further, that no cockfighting shall
be held on December
30 (Rizal Day), June 12 (Philippine Independence Day)
Novem b er 30 (National Heroes Day), Holy Thursday, Good
Friday, Election or Referendu m Day and during Regis tr a tion
Days for such election or referendum.
(e) Cockfighting for Entertainment of Tourists or for Charitable
Purposes. Subject to the preceding subsection hereof, the
Chief Cons ta bulary or his auth orized representative may
alsoallow the holding of cockfighting for th e entertainment
of foreign dignitar ies or for tourists, or for retu rn ing
Filipinos, commonly known as "Balikbayan", or for the
support of
VICE AND DRUG EDUCATION AND CONTROL 139

national fund-raising campaigns for charitable purposes


as may be authorized by the Office of the President, upon
resolution of a provincial board, city or municipal council,
in licensed cockpits or in playgrounds or parks: Provided,
that this privilege shall be extended for only one time, for a
period not exceeding three days, within a year to a province,
city, or municipality.
(f) Other games during cockfights prescribed. No gambling of
any kind shall be permitted on the premises of the cockpit
or place of cockfighting during cockfights. The owner,
manager or lessee off such cockpit and the violators of this
injunction shall be criminally liable under Section 8 hereof.

Section 6. Licensing of Cockpits. City and municipal mayors are


authorized to issue licenses for the operation and maintenance of
cockpits subject to the approval of the Chief of Constabulary or his
authorized representatives. For this purpose, ordinances may be
promulgated for the imposition and collection of taxes and fees not
exceeding the rates fixed under Section 13, paragraphs (a) and (b); and
19; paragraph (g) 16 of Presidential Decree No. 231, dated June 28,
1973, otherwise known as the Local Tax Code, as amended.

Section 7. Cockfighting Officials. Gaffers, referees or bet takers or


promoters shall not act as such in any cockfight herein authorized,
without first securing a license renewable every year on their birth
month from the city or municipality where such cockfighting is held.
Cities and municipalities may charge a tax of not more than twenty
pesos. Only licensed gaffers, referees, bet takers or promoters shall
officiate in all kinds of cockfighting authorized in this Decree.

Section 8. Penal Provisions. Any violation of the provisions of this


Decree and of the rules and regulations promulgated by the Chief of
Constabulary pursuant thereto shall be punished as follows:
(a) By prision correccional in its maximum period and a fine of
two thousand pesos, with subsidiary imprisonment in case
of insolvency, when the offender is the financer, owner,
manger or operator of cockpit, or the gaffer, referee or bet
taker in cockfights; or the offender is guilty of allowing,
promoting or participating in any other kind of gambling in
the premises of cockfights during cockfights.
VICE AND DRUG EDUCATION AND CONTROL 140

(b) By prision correccional or a fine of not less than six hundred


pesos nor more than two thousand pesos or both, such
imprisonment and fine at the discretion of the court, with
subsidiary imprisonment in case of insolvency, in case of
any other offender.

Section 9. Repealing Clause. The provisions of Section 2285 and 2286


of the Revised Penal Code, Repu blic Act No. 946, all laws, decrees, rules
and regulations, or orders which are inconsistent with this Decree are
hereby repealed or modified accordingly.

Section 10. Da te ofEffectivity. This Decree sha ll take effect after


fiftee n (15 ) days following the completion of the publication in the
Official Gazette.
Done in the City of Manila, this 9th day of May, in the year of Our Lord,
nineteen hundred and seventy-four.

(F) Presidential Decree No . 483


Penalizing Betting, Gam e -Fix in g Or Point Shaving And
Machinations In Sports Contests
WHEREAS, the evil that is gambling has again shown its ugly head in
the recently-discovered game-fixing or point- shaving scandals during
sports contests;
WHEREAS, one of the objectives of the New Society is the development
and promotion of des ira ble moral and cultu ral values;
WHEREAS, there is urgent need to protect one youth and sports
programs and the morality of our society, especially the youth, from the
eroding influence of u nscru pulous persons who, through fraudulent
schemes of game-fixing or point-shaving and other machinations, have
made basketball and other sportscontests, games and races their
media of subverting the aims and goals of true Philippine
sportsmanship;
NOW, THEREFORE, I, FERDINANDE. MARCOS, by virtue of the powers
vested in me by the Constitution, and pursuant to Proclamations No.
1081, dated September 21, 1972 and No. 1104, dated January 17,
1973; and General Order No. 1, dated September 22, 1972, do hereby
order and decree that the following shall be part of the law of the la
nd:
VICE AND DRUG EDUCATION AND CONTROL 141

Section 1. Definitions. For purposes of this Decree, the following terms


shall mean and be understood to be as hereunder indicated:
(a) Betting money or any object or article of value or
representative of value upon the result of any game, races
and other sports contest.
(b) Ga me -fixing any arrangement, combination, scheme or
agreement by which the result of any game, races or sports
contests shall be predicted and/or known other than on the
basis of the honest playing skill or ability of the players or
participants.
(c) Point-shaving any such arrangement, combination, scheme
or agreement by which the skill or ability of any player or
participant in a game, races or sports contests to make
points or scores shall be limited deliberately in order to
influence the result thereof in favor of one or other team,
player or participan t therein.
(d) Ga me - ma ch ina tio ns any other fraudulent, deceitfu l, unfair
or dishonest means, method, manner or practice employed
for the pu rpose of influenc ing the result of a ny game, races
or sport contest.

Section 2. Betting, game-fixing, point-shaving or game machination


unlawful. Game-fixing, poin t-shaving, mach ina tion , as defined in the
precedingsection, inconnection with the gamesof basketball, volleyball,
softball, baseball; chess, boxing bouts, "jai-alai", "sipa", "pelota" and
all other sports contests, games or races; as well as betting therein
except as may be authorized by law, is hereby declared unlawful.

Section 3. Penalty. Any violation of this Decree, or of the rules and


regulations promulgated in accordance herewith, shall be punished in
the manner following:
(a) When the offender is an official, such as promoter,
referee, umpire, judge, or coach in the game, race or
sports contests, or the manager or sponsor of any participa
ting team, individual or player therein, or participants or
players in such games, races or other sports contests, he
shall, upon conviction, be punished by prision correccional
in its maximum period and a fine of 2,000 pesos with su
bsidiary imprison ment in case of in solvency, at the
discretion of
VICE AND DRUG EDUCATION AND CONTROL 142

the court. This penalty shall also be imposed when the


offenders compose a syndicate of five or more persons.
(b) In case of any offender, he shall, upon conviction, be
punished by prision correccional in its medium period and
a fine of 1,000 pesos with subsidiary imprisonment in case
of insolvency at the discretion of the court.
(c) Wh en th e offender is an official or em ployee of any
government office or agency concerned with the enforcem en t
or administration of laws and regulations on sports the
penalty provided for in the preceding Section 3 a small be
imposed. In addition, he shall be disqualified from holding
any public office or em ployme nt for life. If he is a n alien , he
may be deport ed .

Section 4. Clearance for arrest, detentionorprosecution. No pers on who


voluntarily discloses or denounces to the President of the Philippine
Am a te u r Ath let ic Fed era ti on or to the National Sports Ass oc ia tio ns
con cern ed and/or to any law enforcem ent / polic e a u th ority any of
the acts penalized by this Decree shall be arrested, detained and/or
prosecuted except upon prior written clearance from the President of
the Philippin es and/or of the Secretary of Na t ion al Defense.

Section 5. Repealing Claus e. Article 197 of Act No. 3815, otherwise


known as the Revised Penal Code, as amended, all provisions of
decrees, general orders, letters of instructions, laws, executive orders
and rules and regulations which are inconsistent with this Decree are
hereby repealed.

Section 6. Effectivity. This Decree shall take effect immediately upon


publication thereof by the Secretary of the Department of Pu blic
Information at least once in a newspaper of general circulation.
Done in the City of Man ila , this 13th day of June, in the year of Our
Lord, ninet een hu ndred and seventy-four.
VICE AND DRUG EDUCATION AND CONTROL 143

(G) Presidential Decree No. 1306


Amending Section 2 Of Presidential Decree No. 810 Entitled:
"An Act Granting The Philippine Jai-Alai And Amusement
Corporation A Franchise To Operate, Construct And Maintain A
Fronton For Basque Pelota And Similar Games Of Skill In The
Greater Manila Area".
Section 1. Section 2 of Presidential Decree No. 810 is hereby amended
to read as follows:
"Sec. 2. The grantee or its duly authorized agent may offer, take or
arrange bets within or outside the place, enclosure or court where the
Basque pelota games are held: Provided, That bets offered, taken or
arranged outside the place, enclosure or court where the games are
held, shall be offered, taken or arranged only in places duly licensed
by the corporation, Provided, however, That the same shall be subject
to the supervision of the Board. Any person, not otherwise authorized
under this Act, who shall offer, take or arrange bets on any basque
pelota game or event and similar games of skill or knowingly permit
the commission of any of the act prohibited in this Act in any inhabited
or uninhabited place or any building, vessel or other means of
transportation owned or controlled by him; and violates any provision
of this Act shall be punished by a fine of not less than one thousand
pesos nor more than five thousand pesos, or by imprisonment of not
less than six months, or both, in the discretion of the Court; Provided,
further, That, any person who shall make or place a bet with such
unauthorized person, operators or maintainers shall likewise be
punished by a fine of not less than five hundred nor more than two
thousand pesos, or by imprisonment of one day to thirty days, or
both, in the discretion of the court". If the offender is a partnership,
corporation or association, the criminal liability shall devolve upon its
president, directors or any other officials res pons ible for the violation.

Section 2. Repealing Clause. Pertinent prov1s1ons of Republic Act


nine hu ndred fifty-four (R.A. 954) relative to the basque pelota games,
and all other laws, decrees, executive orders, rules and regulations, or
parts thereof inconsistent with this decree are hereby repealed and/or
modifiedaccordingly.

Section 3. This decree shall take effect immediately.


Done in the City of Manila, this 1st day of March, in the year of Our
Lord, nineteen hundred and seventy-eight.

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