MODULE 3 in Vice and Drug Control 084205

Midterm Period (March 15, 2021- April 12, 2021)
Burauen Community College Modular Home Instruction

LGU Compound, Burauen, Leyte Second Year Professional Criminology and Related Courses
Second Semester, SY 2020- 2021
VICE AND DRUG EDUCATION AND CONTROL

Prepared by:
Paul Benedict F. Solayao RCrim
Module 3: Relevant Provisions of R.A. 9165 and Drug Prevention Program
Learning Outcome Based on the Syllabus:

LO3. Identify, discuss, and appraise the provisions of R.A. 9165, and the prevention of drug problem.
Learning Objectives
At the end of the module, the following learning objectives will be attained by the students with at least 75% accuracy:
1. Understand, compare, and evaluate the important provisions of R.A 9165.
2. Distinguish, and appraise the prevention on drug problem via interpretive exercises.
Direct Instruction
Relevant and Important Provisions of R.A. 9165 as amended by R.A. 10640
Section 1. Declaration of Policy – it is the policy of the State to safeguard the integrity of its territory and the well-being
of its citizenry particularly the youth, from the harmful effects of dangerous drugs on their physical and mental well-
being, and to defend the same against acts or omission detrimental to their development and preservation.
Unlawful Acts and Penalty

Section 4. Importation of Dangerous Drugs and/or Controlled Precursors and Essential Chemicals
The penalty of life imprisonment to death and a fine ranging from Five hundred thousand pesos (P500,000) to Ten
million pesos (P10,000,000) shall be imposed upon any person, who, unless authorized by law, shall import or bring into
the Philippines any dangerous, regardless of the quantity and purity involved, including any species of opium poppy or
any part thereof or substances derived therefrom even for floral, decorative and culinary purposes.
Precursors and essential chemicals play two critical roles in the production of illegal drugs: as compounds
required in the production of illegal drugs or as refining agents and solvents processing plant-based materials such as
coca into cocaine and opium poppy to heroin. Chemicals used in synthetic drug production are known as “precursor”
chemicals because they are incorporated into and are less likely to be substituted by other chemicals. Chemicals use to
refine and process plant-based drugs are referred to as “essential” or “precursor” chemicals and can be readily replaced
by other chemicals with similar properties.
What are the Controlled Precursors and Essential Chemicals under R.A. 9165? The controlled chemicals are the
following:
In Table I – Acetic anhydride, N-acetylanthranilic acid, Ergometrine, Egotamine, Isosafrole, Lysergic Acid, 3,4-
Methylenedioxyphenyl-2 Propane, Norephedrine, 1-Phenyl-2-Propane, Piperonal, Potassium permanganate, Safrole,
Pseudoephedrine, Ephedrine.
In Table II – Acetone, Ethyl Ether, Hydrochloric acid, methyl ethyl ketone, Phenyl acetic acid, Sulfur acid, Toluene
Thionyl chloride.
Note: In table I, Pseudoephedrine and ephedrine are reclassified as dangerous drugs pursuant to B.R. No. 4, S.
2005 while in table II, Thionyl chloride is classified pursuant to B.R. No.5, S. 2005
Therefore, if you import any Controlled Precursors and Essential Chemicals without authorization of law, you
will be liable for an offense in this section with penalty of twelve (12) years and one (1) day to twenty (20) years and a fine
ranging from one hundred thousand pesos (P100,000) to five hundred thousand pesos (P500,000).
Maximum penalty will be applied for the following circumstances:
1. Import or bring in to Philippines any dangerous drug and/or controlled precursors and essential chemical
through the use of diplomatic passport, diplomatic facilities, or any other means involving his or his official status
intended to facilitate the unlawful entry of the same.
2. Organize, manage, or acts as “financier” of any of the illegal activities.
Protector or Coddler of any violation of this provision shall be penalized by twelve (12) years and one (1) day to
twenty (20) years of imprisonment and a fine ranging from one hundred thousand pesos (P100,000) to five hundred
thousand pesos (500,000).
___________________________________Modular Home Instruction__________________________________

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For example; Mr. A owned a big company in Manila and also has a lot of business. At the same time, he also
operates in illegal business. He financed all the expenses in importing illegal drugs from China. He has lot of connections
amongst government officials in the Philippines. He even gives money to Mr. B who is a chief in the Bureau of Customs
as a bribe to secure his illicit business. Hence, Mr. A is liable for maximum penalty as a “financier” and Mr. B is also liable
as a “protector” in this section.
Section 5. Sale, Trading, Administration, Dispensation, Delivery, Distribution and Transportation of Dangerous Drugs
and/or Controlled Precursors and Essential Chemicals.
The penalty of life imprisonment to death and a fine ranging from five hundred thousand pesos (P500,000) to ten million
pesos (P10,000,000) shall be imposed upon any person, who, unless, authorized by law shall sell, trade, administer,
dispense, deliver, give away to another, distribute, dispatch in transit or transport any controlled precursor and essential
chemical, or shall act as a broker in such transactions.
If the sale, trading, administration, dispensation, delivery, distribution or transportation of any dangerous drug
and/or controlled precursor and essential chemical transpire within one hundred (100) meters from the school, the
maximum penalty shall be imposed in every case. For drug pushers who use minors or mentally incapacitated individuals as
runners, couriers and messengers, or any other capacity directly connected to the dangerous drugs and/or controlled
precursors and essential chemical trade, the maximum penalty shall be imposed.
For example; Mr. Pedro a drug pusher sold his item “shabu” within 100 meters from the school by using a minor
student to deliver his item. Therefore, Mr. Pedro is liable for the maximum penalty of this section.
Section 6. Maintenance of a Den, Dive or Resort

pesos (10,000,000) shall be imposed upon any person or group of persons who shall maintain a den, dive resort where any
dangerous drugs are sold in any form.
(Den and Dive or Resort –means a place where any dangerous drug and/or controlled precursors and essential
chemical is administered, delivered, stored for illegal purposes, distributed, sold, or used in any form).
For example; Mr. James is living in a squatter area and owned a house which he uses as a drug den, therefore Mr.
James is liable for this section.
What if such Den or Dive is owned by a third person? Is he/she liable in this section? The answer would depend
on the intent of the third person, if the prosecution proved the intent on the third person that he used such place in
furtherance of the crime, then he would be included as an accused in the criminal case.
Section 7. Employees, and Visitor of a Den, Dive or Resort

The penalty of imprisonment ranging from twelve (12) years and one (1) day to twenty (20) years and fine ranging one
hundred thousand pesos (P100,000) to five hundred thousand pesos (P500,000) shall be imposed upon:
a. Any employee of a den, dive or resort, who is aware of the nature of the place as such; and
b. Any person who, not being included in the provisions of the next preceding, paragraph, is aware of the
nature of the place as such and shall knowingly visit the same.
For example; Mr. John and James are friends and they are both out of school youth, and employed by the owner,
to maintain, help and lookout in a drug den. Then, one time they were caught by a police officer and were charged for an
offense stated in this section.
Section 8. Manufacture of Dangerous Drugs and/or controlled precursors and essential chemicals
The penalty of life Imprisonment to death and a fine ranging from five hundred thousand pesos (P500,000) to ten million
pesos (P10,000,000) shall be imposed upon any person, who unless authorized by law, shall engage in the manufacture of
any dangerous drugs.
Sample; a Chinese national who owns a legitimate business in Manila, and he used his business to conceal a
clandestine laboratory which operates to produce dangerous drug like “shabu”, then it was found out by the police
officer who conduct a surveillance in his business and he was charged for a maximum penalty of this section.
Clandestine laboratory – any facility used to manufacture any dangerous drug and/or controlled precursor and
essential chemical.

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Note: The presence of any controlled precursors and essential chemical or laboratory equipment in the
clandestine laboratory is a prima facie evidence, proof of manufacture of any dangerous drug. It shall be considered an
aggravating circumstance/s if the clandestine laboratory is under taken or established under the following circumstances;
a. Conducted in the presence or with the help of minor/s
b. Established with in one hundred (100) meters of residential businesses, church, or school premises
c. Secured or protected with booby traps or a harmless object containing a concealed explosive device designed to
kill or injure anyone who touches it.
d. Concealed with legitimate business operators
e. Employment of a practitioner, chemical engineer, public official or foreigner.
Section 11. Possession of Dangerous Drugs

pesos (P10,000,000) shall be imposed upon any person, who, unless authorized by law, shall possess any dangerous drug
in the following quantities, regardless of the degree of purity thereof:
a. 10 grams or more of opium, morphine, heroin, cocaine/cocaine hydrochloride, marijuana resin or oil, lysergic
acid diethylamine (LSD), gamma hydroxyamphetamine (GHB), methylenedioxymethamphetamine (MDMA) or
“ecstacy”
b. 50 grams or more of “shabu”
Otherwise if the quantity involved is less than the foregoing quantities, the penalty shall be graduated as follows:
Penalty – life imprisonment and a fine ranging from four hundred thousand (P400,000) to five hundred thousand
(P500,000) if the quantity of “shabu” is ten (10) grams or more but less than 50 grams.
Penalty – imprisonment of twenty (20) years and one (1) day to life imprisonment and a fine ranging from four hundred
thousand pesos (P400,000) to five hundred thousand pesos (P500,000) if 5 grams or more but less than 10 grams of opium,
morphine, heroin, cocaine or cocaine hydrochloride, marijuana resin oil, “shabu”, or other dangerous drugs such as, but
not limited to, MDMA or “ecstacy”, PMA, TMA, LSD, GHB, or three hundred (300) grams or more but less than five
hundred (500) grams of marijuana.
Penalty – imprisonment of twelve (12) years and one (1) day to twenty (20) years and fine ranging from three hundred
thousand (P300,000) to four hundred thousand (P400,000) if the quantities of dangerous drugs are less than five (5) grams of
opium, morphine, heroin, cocaine or cocaine hydrochloride, marijuana resin oil, “shabu”, or other dangerous drugs such
as, but not limited to, MDMA or “ecstacy”, PMA, TMA, LSD, GHB, or if the quantity of marijuana is less than three hundred
(300) grams.
Section 12. Possession of Equipment, Instrument, Apparatus and Other Paraphernalia for Dangerous Drugs
Penalty of imprisonment from six (6) months and one (1) day to four (4) years and a fine ranging from ten thousand
pesos (10,000) to fifty thousand pesos (50,000) shall imposed upon any person who, unless authorized by law, shall possess
or have under his/her control any equipment, instruments, apparatus and other paraphernalia fit or intended for
smoking, consuming, administering, injecting, ingesting, or introducing any dangerous drug into the body.
Examples of Equipment, Instrument, Apparatus and Other Paraphernalia for Dangerous Drugs are:
a. Rolling papers and cigars – rolling papers are usually used with marijuana. If rolled in a paper, it is called a
“joint”. Another object used to smoke marijuana is a cigar. Marijuana rolled into cigar is called “blunt”. In many
cases, the user will buy cheap cigars/cigarillos to hollow out and fill with marijuana.
b. Bongs and Hookahs – bongs are water pipes used to filter the marijuana smoke through the water, while hookahs
are used for the purpose of smoking flavored tobacco.
c. Pipes – is used in various drugs like marijuana, crack cocaine, heroin, “shabu”, it is a simple glass tube used to
separate the burning drug from the mouth while letting the smoke get through.
d. Tin foil – is sometimes used to smoked heroin or to inhale methamphetamine fumes. The tin foil may be found in
small squares, often with burn marks on one side.
e. Needles and small spoons – needles or syringes are a more obvious indication that an individual is injecting
drugs. Many drugs can dissolve in liquid and injected, including forms of cocaine, heroin, prescription
painkillers. Small spoons are often used to help in liquefying or dissolving the crystalized form of the drug.
f. Straws or paper tube, small mirrors, and cards – are some tools used by those who snort drug.

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g. Lighter – used in burning drugs.

h. Ten bags – used as controlled precursors for the production of shabu
i. Essential chemicals such as red phosphorus, sodium hydroxide, and iodine.
j. Induction cooker found in a small-scale clandestine lab and improvised mixers.
Note: The possession of such equipment, instrument, apparatus, and other paraphernalia fit or intended for any
purposes enumerated on the preceding paragraph shall be prima facie evidence that the possessor has smoke, consumed
administered to himself/herself, injected, injected, or used a dangerous drugs and shall be presumed to have violated
Section 15 of this Act.
Section 15. Use of a Dangerous Drugs

A person apprehended or arrested, who is found to be positive for use of any dangerous drugs, after
confirmatory test, shall be imposed a penalty of minimum of six (6) months rehabilitation in a government center for the first
offense, if apprehended using dangerous drugs for the second time, he/she shall suffer the penalty of imprisonment
ranging from six (6) years and one (1) day to twelve (12) years and a fine ranging from fifty thousand pesos (P50,000) to two
hundred thousand pesos (P200,000): provided, that this Section shall not be applicable where the person tested is also found
to have in his/her possession such quantity of any dangerous drug provided for under Section 11 of this Act, in which
case the provisions stated therein shall apply.
For example, Angelou is a college student and he was caught by the principal using marijuana while in the
comfort room. It was also found out that he is in possession of marijuana, a dangerous drug. Therefore, Angelou is not
liable for use of dangerous drugs, but rather he will be liable for Section 11 of this Act.
Section 16. Cultivation or Culture of Plants Classified as Dangerous Drugs or are Sources thereof
pesos (P10,000,000) shall imposed upon any person, who, unless authorized by law, who shall plant, cultivate or culture
marijuana, opium poppy or any other plant regardless of quantity, which is or may hereafter be classified as a dangerous
drug or as a source from which any dangerous drug may be manufactured or derived.
Section 21. Custody and Disposition of Confiscated, Seized, and/or Surrendered Dangerous Drugs, Controlled Precursor
and essential chemicals, Instruments/paraphernalia, and/or Laboratory Equipment.
The PDEA shall take charge and have custody of all 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: (as amended by R.A 10640)
a. The apprehending team having initial custody and control of the dangerous drugs shall immediately,
after the seizure and the confiscation, physically inventory and photograph the same in the presence of the accused or the
person/s from whom such item was confiscated and/or seized, or his/her representative or counsel, a representative
from the media and Department of Justice (DOJ), and any elected public official who shall be required to sign the copies
of the inventory and given a copy thereof;
b. Within twenty-four (24) hours upon confiscation/seizure of dangerous drugs, plant sources of any
dangerous drugs controlled precursors and essential chemicals, as well as instruments/paraphernalia and/or laboratory
equipment, the same shall be submitted to the PDEA Forensic Laboratory examiner for qualitative and quantitative
examination;
c. Certification of forensic laboratory examination results, which shall be done under oath by the forensic
laboratory examiner, shall be issued within twenty-four (24) hours after the receipt of the subject item/s.
d. That certification shall be issued and should be done by the forensic laboratory examiner; provided, that
when the volume of dangerous drugs, plant sources of dangerous drugs, and controlled precursor and essential chemicals
does not allow the completion of testing within the time frame, a partial laboratory examination report shall be
provisionally issued stating therein the quantities of dangerous still to be examined by the forensic laboratory examiner:
provided, however, that a final certification shall be issued immediately upon completion of the said examination and
certification.
e. After filling the criminal case, the court shall, within seventy-two (72) hours conduct ocular inspections of
the confiscated, seized, and/or surrendered dangerous drugs and controlled precursor and essential chemicals, including
the instrument/paraphernalia and/or laboratory equipment, and through the PDEA shall within twenty-four(24)/hours

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thereafter proceed with the destruction or burning of the same, in the presence of the accused or person/s from whom
such items were confiscated and/or seized, or his/her representative or counsel, a representative from the media and the
DOJ, civil society groups and elected public official.
Section 22. Grant of Compensation, Reward, and Award

There are lots of operation conducted by the PDEA to suppress the drug problem we are facing now but to
complete the operation they should have an informer "asset" who provide the information on the drug personalities,
which, in turn, results in the successful conduct of the operation. That is why the board grants compensation, reward, and
award to any person providing information to the law enforcer participating in the operation.
Section 23. Plea Bargaining Provision

Any person charged under any provision of this Act regardless of the imposable penalty shall not be allowed to
avail of the provision on plea-bargaining.
However, when Oplan Tokhang was launched there has been an influx of drug detainees which aggravated the
already existent overpopulation inside jail and correctional facilities. Hence, Department Circular No. 027 dated June 26,
2018, of the Department of Justice (Re: amended Guidelines on Plea Bargaining for Republic Act. No. 9165 otherwise
known as the "Comprehensive Dangerous Drug Act of 2002”) similarly allowed plea bargaining and provided for
acceptable plea bargaining under Section 7 and Section 13 of R.A. 9165.
Section 7. Employees or Visitor of a Den, Dive, or Resort - it is only applicable if the accused is charged as a
visitor of the drug den.
Section 13. Possession of Dangerous Drugs, During Parties, Social Gatherings, or Meetings - plea bargaining is
allowed from section 13 of R.A. 9165 to section 11, paragraph three (3) of the same stature where the quantity of the drug
involved is less than five (5) grams (in case of shabu, opium, cocaine, etc.) and less than 300 grams of marijuana. If the
quantity of dangerous drugs involved exceeds the above amount, plea bargaining is prohibited.
Section 15. Use of Dangerous Drugs
Section 11. Paragraph 3. Possession of Dangerous Drug - plea bargaining is allowed where the quantity of
"shabu", opium, morphine, heroin, cocaine, etc., is less than 5 grams and marijuana is less than 300 grams. If the quantity
of dangerous drug involved exceeds the above quantities, no plea bargaining is allowed.
Note: Plea Bargaining is the disposition of criminal charges by agreement between the prosecution and the
accused, it usually involves the defendant’s pleading guilty to a lesser offense or to only one or some of the counts of a
multi-count indictment in return for a lighter sentence than that for the graver offense.
Section 24. Non-Applicability of the Probation Law for Drug Traffickers and Pusher – any person convicted for drug
trafficking or pushing under this Act, regardless of the penalty imposed by the court, cannot avail of the privilege granted
by the Probation Law or Presidential Decree No. 968, as amended (Philippine Drug Enforcement Agency, n.d.).
The Application of Anti-drug Abuse Programs

The Government’s national anti-drug strategy involves four (4) pillar of action, patterned after that of the ASEAN
+ CHINA COOPERATIVE OPERATIONS in RESPONSE to DANGEROUS DRUGS (ACCORD). These components are
Supply Reduction, Alternative Development, and Civic Awareness and enhanced through Regional and International
Cooperation.
The four pillars of action:
1. Supply reduction -the aim of supply reduction is to take away the drugs from the person through market denial
operations and prevention of digression of these drugs to the illicit sources. Supply Reduction efforts take the
form of law enforcement, the regulatory compliance, and institution of judicial and legislative measures, likewise
there are several approaches related with this measures;
1. Source Control – this would include activities to deter the sale and importation of the drugs through planned
and systematic apprehension of large volume drug dealers along with enforcement of the law which
prescribes heavy penalties.
2. Interdiction strategies – which covers tactics designed to intercept drug supplies as they enter the country.
3. Law enforcement strategies – is alternative tactic in the fight against drugs which directs efforts of the PDEA
and other law enforcement agencies at large and small scale drug syndicate.

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4. Punishment strategy – calls for severe infliction of penalties by the courts to augment the deterrence effect.
5. Community strategies- one of the most vital drug control and preventive measure involving the local
community along with the school, church, media, and civic organizations to create an atmosphere of drug
awareness and undertaking preventive programs.
2. Demand reduction – is geared towards reducing the consumer's demand for drugs and other substances, or take
away the person from drugs. This is undertaken through programs or preventive education, treatment and
rehabilitation, and research. Programs are either school-based, community-based, or both school and community-
based.
In the objective to reduce the demand for drugs, there must be an integration of drug abuse prevention education
concepts in health and social action programs for youth, parents, teachers, and barangay officials. The effective use of
mass media for positive developmental communication and advertising wholesome recreational activities as alternatives
to drugs. The law provides that drug abuse prevention be included in the school curricula which must be implemented as
soon as practicable on a national scale.
Preventive program
a. Barkada Kontra Droga – is an effective peer-based preventive education and information program to counter
the dangers and ill effects of the drug abuse, the Board has institutionalized the BKD program in order to
enlist the participation of more in and out of school youth, and eventually organize them into a movement of
young people who are catalysts within their peer groups in advocating a healthy, drug-free lifestyle.
b. National Abuse Congress
c. Maintenance of the Inter-Agency Committee on Drug Abuse Prevention Education (IAC-DAPE)
d. Maintenance of ASEAN TrainingCenter for Preventive Drug Education(ATC-PDE)
Capability Building Program

a. Training of Trainers on drug abuse prevention education
b. Training of Trainers on life skills enhancement.
c. Systematic training for effective parenting
d. Seminar update to pharmacist on R.A. 9165 and board regulations
e. Seminar workshop on the investigation and supervision of first-time minor drug offenders placed on a
suspended sentence.
f. Training policy-makers: Prevention of amphetamine-type stimulants (ATS) Abuse among young people.
g. Drug abuse prevention summit
h. Production workshop of media materials for the prevention of ATS abuse.
i. Write shop on the development of a family drug abuse prevention program.
Treatment and Rehabilitation Programs
a. Direct Clinical services

b. Establishment of treatment and rehabilitation centers
c. Accreditation of drug testing laboratories
d. Accreditation f physicians
e. Aftercare and follow-up services
3. Alternatives Development – aims to reduce the production of marijuana and eventually eliminate its cultivation
through sustainable rural development and alternative programs. Its thrust is to develop and implement
sustainable income-generating programs like yakon and jatropha (commonly known as tuba-tuba) propagation

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and other socio-economic programs altering health services PhilHealth insurance, education, and infrastructure
like farm-to-market roads, irrigation systems, etc.
4. Civic Awareness – the concept is to promote public awareness of the evils of dangerous drugs and social
response by advocating the non-use of dangerous drugs. Production and distribution of information, education,
community (IEC) materials, and collateral.
Public press communication strategy
A DDP Press Corps composed of media practitioners from both print and broadcast was supported. This
initiative provided sustained cooperation with media organizations in pursuing press conferences, TV/ radio guests,
press releases of drug-related articles, etc. reaching out to a greater majority.
Production and conduct of a weekly radio program "Talk time with DDB", over a government radio station,
DZRB 738 KHZin partnership with the Philippine Broadcasting Service, was undertaken. Resource persons from partner
agencies of the board were invited to discuss, on the air, major programs and activities implemented in line with the
government's advocacy campaign on drug abuse prevention and control.
5. Regional and International Cooperation – the intent to forge and foster cooperation with regional and
international agencies. Adhering to treaties, formulating agreements, conducting tie-up projects. Attending
foreign conferences, exchanging drug reports, hosting study tours and field visits, sharing best practices
(Guevarra, 2013).
Examples of Anti-Drug Drives and Operational Concepts
The following are samples of Operational Plans (OPLANS) against the drug problem:
1. Oplan Thunderbolt I – operations to create an impact to the underworld.
2. Oplan Thunderbolt II - use to neutralize suspected illegally drug laboratories.
3. Oplan Thunderbolt III – operations for the neutralization of all big time drug pushers' drug dealers
and drug lord.
4. Oplan Iceberg – special operations team in selected drug prone areas in order to get rid of drug
activities in the area.
5. Oplan Hunter –operations against suspected military and police personnel who are engaged in illegal
drug activities.
6. Oplan Mercurion – Operations against drug stores, which are violating existing regulations on the
scale of regulated drugs or coordination with DDB, DOH, AND BFAD.
7. Oplan Tornado – operation in drug notorious and high profile.
8. Oplan Greengold – nationwide MJ (marijuana) eradication in coordination with the local government
and NGO'S.
9. Oplan Sagip-Yagit–a civic program initiated by NGO'S and local government offices to help eradicate
drug syndicates involving street children as drug conduit.
10. Oplan Banat –an operational plan against drug abuse focused in the barangay level in cooperation
with barangay officials.
11. Oplan Athena – operation conducted to neutralize the 14k, the bamboo gang and other local
organized crime groups involved in illegal drug trafficking.
12. Oplan Cyclops –operations against Chinese triad members involved in the drug operations
particularly Methamphetamine hydrochloride or (shabu) (Manwong, 2013).
Executive Order No. 218 S. 2003 (signed on June 18 2003)
Strengthening the support mechanism for the Philippine Drug Enforcement Agency

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Section 1. Creation of the Task Forces – The Office of the President, the PNP and other agencies which were performing
drug law enforcement and prevention functions prior to the enactment of R.A. No. 9165 shall organize anti-drug task
forces to support the PDEA.
Section 2. Supervision and Support - the PDEA shall exercise operational supervision and provide technical support to
the main task force created by the PNP. In the case of other task forces, created within the PNP or other agencies, the
President of the Philippines shall determine whether the DDB (Dangerous Drug Board) or the PDEA shall exercise
operational supervision.
Section 3. Funding – funds for the operation of task forces shall be sourced from the mother agencies creating the task
force and from the gross receipts of lotto operations. For this purpose, the Philippine Charity Sweepstakes Office is hereby
ordered to create standby fund in the amount of One Billion Pesos (P1,000,000,000) to fund the operations of the PDEA
and the forces supporting it.
Section 4. Executive Order No. 206 dated May 15, 2003 is hereby repealed. All orders, rules, regulations and issuances, or
parts thereof, which are inconsistent with this Executive Order are hereby repealed or modified accordingly (Philippine
Drug Enforcement Agency, n.d.).
Executive Order number 15 S. 2017 (signed on March 15, 2017)
Creation of an Inter-Agency Committee on Anti-Illegal Drugs (ICAD) and Anti-Illegal Drugs Task Force to
Suppress the Drug Problem in the Country
The issuance of the order comes not long after Malacañang disclosed plans to tap the soldiers in the fight against
the narcotics scourge, especially after the police had been stopped from the involvement in anti-drug operations, but the
police have since resumed their anti-narcotics campaign.
Department of Interior and Local Government Unit (DILG)

Department of Justice (DOJ)
Department of Health (DOH)
Department of Education (DepEd)
Department of Social Welfare and Development (DSWD)
Department of Trade and Industry (DTI)
Department of Agriculture (DA)
Department of National Defense (DND)
Technical Education and skills Development Authority (TESDA)
Philippine Information Agency (PIA)
Office of the Solicitor General (OSG)
Philippine Coast Guard (PCG)
Philippine National Police (PNP)
National Bureau of Investigation (NBI)
Bureau of Customs (BOC)
Bureau of Immigration (BI)
Armed Forces of the Philippines (AFP)
Anti-money Laundering Council (AMLC)
The PDEA, as a Chairperson of the ICAD, shall have the overall responsibility to ensure that the objectives of
ICAD and the cluster herein created are accomplished.
The member agencies shall designate a permanent representative to the ICAD with the rank of Undersecretary of
Assistant Secretary, or their equivalent.
The ICAD may invite other government agencies and instrumentalities to be a member of the ICAD as it may
deem necessary.

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Section 2. Functions of the ICAD – the ICAD shall ensure that each member agency shall implement and comply with all
policies, laws and issuances pertaining to the government’s anti-illegal drug campaign, in the integrated and
synchronized manner. It shall be the following specific functions:
a. Ensure the effective conduct of anti-illegal drug operations and arrest of high value drug personalities down to
the street-level peddlers and users;
b. Spearhead and coordinate the implementation of the National Anti-Drug Plan Action (NADPA) 2015-2020
c. Ensure the comprehensive implementation of the Barangay Drug-Clearing program;
d. Ensure intensive conduct of advocacy campaign initiatives;
e. Ensure that the roles and responsibilities of the member agencies are efficiently and effectively carried out;
f. Cleanse the bureaucracy of unscrupulous personnel involved in illegal drug activities; and
g. Ensure that the anti-illegal drug objectives of the government are achieved.
The ICAD shall enlist the assistance of concerned public and private agencies, including local government units to
assist in the implementation of the government’s anti-illegal drug campaign, and shall also seek assistance of the Office of
the Ombudsman, pursuant to its mandate, in the investigation and prosecution of the public officials involved in illegal
drug activities.
Section 3. Clusters of ICAD– upon effectivity of this Order, the ICAD shall convince and organize itself into the following
clusters, with their respective functions as specified below:
a. Enforcement Cluster – the Enforcement Cluster shall conduct anti-illegal drugs operation with the
support of other law enforcement agencies through the PDEA and the National Anti-Drug Task Force as provided in
section 4 hereunder, including the conduct of investigations against drug syndicates, financiers and other target
personalities;
The PDEA and the Task Force may seek the assistance of the Armed Forces of the Philippines, the Philippine
Center on Transnational Crime and other agencies, subject to applicable laws, rules and regulations, in the conduct of
anti-illegal drug operations. When called upon by the ICAD Chairperson for assistance, the concerned agency shall
provide the required personnel and other resources to ensure the accomplishment of the objectives of this Order and the
success of the anti-illegal drug drive of the government.
b. Justice Cluster – shall be primarily responsible for the speedy prosecution of all drugs cases, the
provision of legal assistance to law enforcers, and ensuring the availability of the public attorneys for the protection of
individuals rights, such as instances of voluntary surrenders and warrantless arrests during warrantless arrest during
anti-illegal drug operations;
c. Advocacy Cluster –shall conduct a nationwide advocacy campaign for the government’s anti-illegal drug
policy and all implementing programs; and
d. Rehabilitation and Reintegration Cluster – this cluster shall implement drug rehabilitation programs
and ensure the reintegration of former drug dependents and other drug personalities as useful, members of society.
Section 4. National Anti-Illegal Drug Task Force – the ICAD Chairperson shall establish and active a National Anti-
Illegal Drug Task Force which shall undertake sustained anti-illegal drug operations. All anti-drug operations of the Task
Force will be closely coordinated with PDEA. The Task Force shall be composed of members of law enforcement agencies,
including members of the institutions called upon assistance by virtue of this Order. The President shall designate the
National Anti-Illegal Drug Task Force head/commander, who shall be a senior law officer and shall report directly to the
PDEA Director General. The Task Force Commander shall responsible for the overall operations of the task Force.
Section 5. Reporting, Monitoring and Coordinating Instruction – in order to properly monitor the progress of work of the
ICAD, the PDEA shall conduct a regular conference with the members of the ICAD to monitor and evaluate each
Cluster’s performance and accomplishment.
All members of ICAD shall each submit a periodic report to their respective Cluster Heads. The Cluster Heads
shall submit a consolidated cluster report to the ICAD Chairperson, copy furnished the DDB. The ICAD Chairperson shall
then consolidate all the reports for submission to the Office of the President.

9
Section 6. Funding – The amount necessary for the initial implementation of this Order shall be sourced from available
funds of the members of the ICAD and others appropriate funding sources, subject to existing budgeting, accounting and
auditing laws, rules and regulations. The Department of Budget and Management is directed to coordinate with the
ICAD to facilitate and expedite the release of the necessary funding needed for the implementation of this order
(Philippine Drug Enforcement Agency, n.d.).
PNP DRUG ENFORCEMENT GROUP (PNP DEG)

Is one of the National Operation Support Units of the Philippine National Police which is responsible for the
prevention and control of the illegal drugs in support to the PDEA as mandated.
The PNP Drug Enforcement Group (PNP DEG) took over the campaign against illegal drugs which was led
before by the PNP Anti-Illegal Drugs Group (AIDG). President Rodrigo Duterte, dissolved the AIDG, after the brutal
murder inside Camp Crame of a South Korean businessman.
The mission of the of (PNP DEG) is high value targets with high impact: distributors, traffickers, including all
protectors, and has also “coordinative relationship” with regional police drug enforcement units, down to the station
police drug enforcement units, and only the (PNP DEG) are authorized to operate, not all of our police in different
operations can operate, and they have to coordinate with our PDEG.
Functions:
a. Conduct all-out and sustained operations against national and integrational syndicates and personalities
engaged in production, importation and trafficking of illegal drugs, in support to the Philippine Drug
Enforcement Agency (PDEA);
b. Investigate and assist in the prosecution of persecution of perpetrators in violation of Republic Act No. 9165;
c. Maintain linkages with other law enforcement agencies, foreign counterparts and strengthen community
participation in the fight against illegal drug menace;
d. Develop plans, programs, operating standards and administrative measures to promote the objectives and
functions of the PNP_DEG
e. Develop and maintain relevant database;
f. Perform other tasks as directed by the Chief, PNP (Philippine Drug Enforcement Group, n.d.).
Example of Operational Program:

a. Oplan Tokhang(Tuktok-Hangyo) – a shame campaign launched by the Duterte administration wherein
police officers visited the home and dens for suspected drug dealer/addicts (not yet convicted) in order to surrender to
the police officer. These resulted to thousands of death of the suspected, and some suspected small-time drug dealers who
apparently fought back to the police officers during operations.
b. Operation Double Barrel – which aims to address the issue through “Project Tokhang”, or the lower
barrel approach and “Project HVT (High Value Target) or the upper barrel approach, or to “catch big fish”, like drug
lords and protectors.
Learning Activities
Activity 1: Multiple Choice
Instruction: Select and write the letter of the correct and best answer. (1 POINT EACH)
1. The penalty of life imprisonment to death and a fine ranging from Five hundred thousand pesos (P500,000) to
( ), shall imposed upon any person, who, unless authorized by law, shall import or bring into the
Philippines any dangerous, regardless of the quantity and purity involved, including any species of opium
poppy or any part thereof or substances derived therefrom even for floral, decorative and culinary purposes.
a. (P7,000,000) c. (P100,000,000)
b. (P10,000,000) d.(P1,000,000)
2. A place where any dangerous drug and/or controlled precursors and essential chemical is administered,
delivered, distributed, sold or used in any form.

10
a. Den c. Resort
b. Dive d. all of these
3. Any person who knowingly and willfully consents to the unlawful acts and uses his/her influence, power or
position in shielding, harboring or facilitating the escape of any person involving in the drug law.
a. Coddler c. pusher
b. Informants d. none of the above
4. It aims to eradicate the cultivation of marijuana through, sustainable rural development and alternative
programs.
a. Alternatives Development c. Demand reduction
b. Civic Awareness d. Supply Reduction
5. Statement 1: The member agencies shall have designated a permanent representative to the ICAD with the
rank of Undersecretary of Assistant Secretary, or their equivalent.
Statement 2: The PDEA, as a Chairperson of the ICAD, shall have the overall responsibility to ensure that the
objectives of ICAD and the cluster herein created are accomplished.
a. Statement 1 is correct c. both statement is correct
b. Statement 2 is correct d. both statement is incorrect
6. Any person who sells, trades, administers, dispenses, delivers or gives away dangerous drugs another.
7.
a. Coddler c. Pusher
b. Informants d. Agent
8. Who is the chairperson of the ICAD?
a. DOJ c. AFP
b. PNP d. PDEA
9. Strengthening the support mechanism for the Philippine Drug Enforcement Agency
a. E.O 218 c. E.O 15
b. E.O 812 d. E.O 51
10. Creation of an Inter-Agency Committee on Anti-Illegal Drugs (ICAD) and Anti-Illegal Drugs Task Force to
Suppress the Drug Problem in the Country.
a. E.O 218 c. E.O 15
b. E.O 812 d. E.O 51
11. The concept is to promote public awareness of the evils of dangerous drugs and social response by
advocating the non-use of dangerous drugs. Production and distribution of information, education,
community (IEC) materials, and collateral.
a. Alternatives Development c. Demand reduction

b. Civic Awareness d. Supply Reduction
Activity 2: Multiple Choice

Instruction: Select and write the letter of the correct and best answer. (1 POINT EACH)
1. The following are acknowledged in plea bargaining, except one.

a. Section 7. If the accused is charged only as a visitor
b. Section 15. Use of dangerous drug
c. Section 13. Possession of Dangerous Drugs, During Parties, Social Gatherings, or Meetings
d. Section 5. Sale, Trading, Administration, Dispensation, Delivery, Distribution and Transportation of
Dangerous Drugs and/or Controlled Precursors and Essential Chemicals
2. Mr. Makatawtaw, is apprehended by the PNP agents in buy-bust operation. The following are the steps that
should the apprehending team do, except one.
a. The apprehending team should immediately take a selfie on the drugs along with the accused
b. The apprehending team should immediately conduct an inventory of drugs in the presence of the
accused, or any representative.

11
c. The apprehending team should immediately photograph the evidence in the presence of the accused,
or any representative.
d. All of the above
3. Juan, is caught in the act by the Police officer because of using dangerous drugs, but it also found out that he
is in possession of 300 grams of Marijuana. Therefore, Juan is liable for?
a. Section 15. Use of Dangerous Drug
b. Section 11. Possession of Dangerous Drugs
c. Section 5. Sale, Trading, Administration, Dispensation, Delivery, Distribution and Transportation of
Dangerous Drugs and/or Controlled Precursors and Essential Chemicals
d. Section 4. Importation of Dangerous Drugs and/or Controlled Precursors and Essential Chemicals
4. In connection with the above foregoing question, can be he allowed for plea bargaining?
a. Maybe c. No
b. Yes d. None of the above
5. Statement 1: The Demand Reduction aims to take away the drugs from the person.
Statement 2: The Supply Reduction aims take away the person from drugs.
a. Statement 1 is correct c. statement 1 & 2 is correct
b. Statement 2 is correct d. statement 1 & 2 is incorrect
6. Mr. Nga-nga was caught by the police officers, and charged for section 7. As an employee of the drug den.
Can he be allowed for probation?
a. Maybe c. No
b. Yes d. None of the above
7. The following are the aggravating circumstances of section 8. of R.A. 9165, except one.
a. Concealed with legitimate business operators
b. Employment of a practitioner, chemical engineer, public official or foreigner.
c. Conducted in the presence or with the help of minor/s
d. Established with in one hundred (200) meters of residential businesses, church, or school premises
8. The following statement is correct, except one.
a. life imprisonment and a fine ranging from four hundred thousand (P400,000) to five hundred
thousand (P500,000) if the quantity of “shabu” is ten (10) grams or more but less than 50 grams.
b. imprisonment of twelve (12) years and one (1) day to twenty (20) years and fine ranging from three
hundred thousand (P300,000) to four hundred thousand (P400,000) if the quantities of dangerous
drugs are less than five (5) grams of opium, morphine, heroin, cocaine or cocaine hydrochloride,
marijuana resin oil, “shabu”, or other dangerous drugs such as, but not limited to, MDMA or
“ecstacy”, PMA, TMA, LSD, GHB, or if the quantity of marijuana is less than
c. imprisonment of twenty (20) years and one (1) day to life imprisonment and a fine ranging from four
hundred thousand pesos (P400,000) to five hundred thousand pesos (P500,000) if 5 grams or more but
less than 10 grams of opium, morphine, heroin, cocaine or cocaine hydrochloride, marijuana resin oil,
“shabu”, or other dangerous drugs such as, but not limited to, MDMA or “ecstacy”, PMA, TMA,
LSD, GHB, or three hundred (300) grams or more but less than five hundred (500) grams of
marijuana.
d. It also considered as aggravating circumstances if the selling of dangerous drugs transpires with 200
meters from the school and churches.
Mr. Pong, And Mr. Kan, are friends and they are both involved in dangerous drugs, Mr. Pong is the one
who manage and finance all the expenses off all transactions, while Mr. Kan is the who sell the Dangerous
drugs.
9. What would be the criminal liability of Mr. Kan?

a. Pusher c. Financier
b. Agent d. all of the above
10. What would be the criminal liability of Mr. Kan, and can he be allowed for plea bargaining?
a. Section 11. Possession of Dangerous Drugs, yes because it section 11 can avail plea bargaining

12
b. Section 15. Use of Dangerous Drugs, yes because it section 15 can also avail in plea bargaining
c. Section 5. Sale, Trading, Administration, Dispensation, Delivery, Distribution and Transportation of
Dangerous Drugs and/or Controlled Precursors and Essential Chemicals, no because it is not
allowed by this provision.
d. None of the above
References:
Guevara, R.C. (2013). Dangerous drugs and Vice Control. Quezon City: Wiseman’s Books Trading, Inc.
Philippine Enforcement Agency (n.d.). Republic Act 9165 and its Implementing Rules and Regulations: The Compressive
Dangerous Drugs Act of 2002.
Philippine Drug Enforcement Agency, (n.d.)Pdea Executive Order 218 s. 2003. https://pdea.gov.ph/laws-and-
regulations/eo-218
Philippine Drug Enforcement Agency, (n.d.)Pdea Executive Order 15 s. 2017.
https://pdea.gov.ph/laws-and-regulations/eo-15
Philippine Drug Enforcement Group, (n.d.) PNP Drug Enforcement Group. http://deg.pnp.gov.ph/about-us/

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MODULE 3 in Vice and Drug Control 084205

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Midterm Period (March 15, 2021- April 12, 2021)

Burauen Community College Modular Home Instruction

VICE AND DRUG EDUCATION AND CONTROL

Module 3: Relevant Provisions of R.A. 9165 and Drug Prevention Program

Learning Outcome Based on the Syllabus:

Unlawful Acts and Penalty

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Section 6. Maintenance of a Den, Dive or Resort

Section 7. Employees, and Visitor of a Den, Dive or Resort

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Section 11. Possession of Dangerous Drugs

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g. Lighter – used in burning drugs.

Section 15. Use of a Dangerous Drugs

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Section 22. Grant of Compensation, Reward, and Award

Section 23. Plea Bargaining Provision

The Application of Anti-drug Abuse Programs

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Capability Building Program

a. Direct Clinical services

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Executive Order number 15 S. 2017 (signed on March 15, 2017)

Department of Interior and Local Government Unit (DILG)

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PNP DRUG ENFORCEMENT GROUP (PNP DEG)

Example of Operational Program:

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a. Alternatives Development c. Demand reduction

Activity 2: Multiple Choice

1. The following are acknowledged in plea bargaining, except one.

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9. What would be the criminal liability of Mr. Kan?

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