CHAPTER III

APPROACHES TO THE DRUG

PROBLEM
 MAJOR APPROCHES

The Law Enforcement Approach

The Treatment and Rehabilitation Approach
The Educational Approach
The International Efforts Against Drug Abuse
THE LAW ENFORCEMENT APPROACH

The Philippine government considers drug abuse as a multi-faceted problem

that threatens the health and well being of the Filipinos across all levels of
society.
The Comprehensive Dangerous Drugs Act of 2002 or Republic Act No. 9165
was enacted to add more teeth on the government response to the ongoing
problem on drug abuse in the country.
This is the major arm of the government in its law enforcement approaches
that derived from the supply and demand reduction strategies.
 REPUBLIC ACT NO. 9165: Important features
R.A. 9165- COMPREHENSIVE DANGEROUS DRUGS ACT OF 2002
(Approved on June 7, 2002 – Effective July 4, 2002)

What is Dangerous Drug under this law?

Includes those listed in the schedules annexed to the 1961 Single Convention on
Narcotic Drugs, as amended by the 1972 Protocol, and the schedules annexed to
the 1971 Single Convention on Psychotropic Substances (Art 1, Sec. 3).
 REPUBLIC ACT NO. 9165: Important features
R.A. 9165- COMPREHENSIVE DANGEROUS DRUGS ACT OF 2002
(Approved on June 7, 2002 – Effective July 4, 2002)

What is Dangerous Drug under this law?

Includes those listed in the schedules annexed to the 1961 Single Convention on
Narcotic Drugs, as amended by the 1972 Protocol, and the schedules annexed to
the 1971 Single Convention on Psychotropic Substances (Art 1, Sec. 3).
Ex. MMDA- Methylenedioxymethamphetamine (Ecstasy),
Tetrahydrocannabinol (MJ); Mescaline (Peyote)
 What are the Controlled Precursors and Essential
Chemicals?
Includes those listed in Tables I and II of the 1988 UN Convention Against
Illicit Traffic in Narcotic Drugs and Psychotropic Substances (Art 1, Sec 3)

Ex. Table 1 – Acetic Anhydride, N- Acetyl Anthranilic Acid, Epedrine,

Ergometrine, Lysergic Acid
Table 2 – Acetone, Ethyl Ether, Hydrochloric Acid, Sulfuric Acid, etc.
Table 8: What are the Unlawful Acts and
Penalties?
Unlawful Acts Penalty

Importation of Dangerous Drugs and/ or

Life Imprisonment to Death and a fine
Controlled Precursors and Essential
ranging from P500,000 to P10 million
Chemicals (sec. 4)

Sale, Trading, Administration,

Dispensation, Delivery, Distribution and Life Imprisonment to Death and a fine
Transportation of Dangerous Drugs and/ ranging from P500,000 to P10 million
or Controlled Precursors and Essential
Chemicals (sec. 5)
Maintenance of a Den, Dive or Resort
Life Imprisonment to Death and a fine
where dangerous drugs are used or sold in
ranging from P500,000 to P10 million
any form (sec. 6)
 Unlawful Acts Penalty

Imprisonment ranging from 12 yrs and 1

Being an employee or visitor of a den, dive or
day to 20 yrs and a fine ranging from
resort (sec. 7)
P100,000 to P500,000

Manufacture of Dangerous Drugs and/ or

Life Imprisonment to Death and a fine
Controlled Precursors and Essential Chemicals
ranging from P500,000 to P10 million
(sec. 8)

Imprisonment ranging from 12 yrs and 1

Illegal Chemical Diversion of Controlled
day to 20 yrs and a fine ranging from
Precursors and Essential Chemicals (sec. 9)
P100,000 to P500,000

Manufacture or Delivery of Equipment,

Imprisonment ranging from 12 yrs and 1
Instrument, Apparatus and other Paraphernalia
day to 20 yrs and a fine ranging from
for Dangerous Drugs and/ or Controlled
P100,000 to P500,000
Precursors and Essential Chemicals (sec. 10)
 Unlawful Acts Penalty

Life Imprisonment to Death and a fine

Possession of Dangerous Drugs (sec. 11)
ranging from P500,000 to P10 million

Possession of Equipment, Instrument, Imprisonment ranging from 6 mos and 1

Apparatus and other Paraphernalia for day to 4 yrs and a fine ranging from
Dangerous Drugs (sec. 12) P10,000 to P50,000

Possession of Dangerous Drugs during parties,

social gatherings or meetings (sec. 13), and
Possession of Equipment, Instrument, The maximum penalties provided for
Apparatus and other Paraphernalia for Sec. 11
Dangerous Drugs during parties, social
gatherings or meetings (sec. 14)
 Unlawful Acts Penalty

Minimum 6 mos rehabilitation (1st

offense), Imprisonment ranging from 6
Use of Dangerous Drugs (sec. 15)
yrs and 1 day to 12 yrs and a fine ranging
from P50,000 to P200,000 (2nd offense)

Life Imprisonment to Death and a fine

Cultivation of Plants Classified as Dangerous
ranging from P500,000 to P10 million
drugs or are sources thereof (sec. 16)
 Unlawful Acts Penalty
Failure to comply with the maintenance and
keeping of the original records of transaction
Imprisonment ranging from 1 yr and 1
on any dangerous drugs and/ or Controlled
day to 6 yrs and a fine ranging from
precursors and Essential chemicals on the part
P10,000 to P50,000. Plus revocation of
of practitioners, manufacturers, wholesalers,
license to practice profession
importers, distributors, dealers or retailers (sec.
17)

Imprisonment ranging from 12 yrs and 1

Unnecessary Prescription of Dangerous Drugs day to 20 yrs and a fine ranging from
(sec. 18) P100,000 to P500,000. Plus revocation of
license to practice profession

Life Imprisonment to Death and a fine

Unlawful Prescription of Dangerous Drugs
ranging from P500,000 to P10 million
(sec. 19)
pesos
 The Unlawful Acts Punishable by Death Penalty
(Prior to the abolition of Death Penalty)

1. Importation or bringing into the Philippines of dangerous drugs using

diplomatic passport or facilities or any means involving his/ her official status
to facilitate unlawful entry of the same (sec 4, Art II).
2. Upon any person who organizes, manages or acts as “financiers” of any of
the activities involving dangerous drugs (sec 4, 5, 6, 8 Art II).
3. Sale, Trading, Administration, Dispensation, Delivery, Distribution and
Transportation of Dangerous Drugs and/ or Controlled Precursors and Essential
Chemicals with in 100 meters from the school (sec. 5, Art II)
 The Unlawful Acts Punishable by Death Penalty
(Prior to the abolition of Death Penalty)

4. Drugs pusher who use minors or mentally incapacitated individuals as

runners, couriers and messengers or in any others capacity directly connected to
the dangerous drugs trade.(sec 5, Art II).
5. If the victim of the offense is a minor or mentally incapacitated individual. Or
should a dangerous drug and/or controlled precursors and essential chemical
involved in the offense be the proximate cause of death of the victim (sec 5. Art
II)
6. When dangerous drug is administered, deliver or sold to a minor who is
allowed to use the same in such a place ( sec 6. Art II)
 The Unlawful Acts Punishable by Death Penalty
(Prior to the abolition of Death Penalty)

7. Upon any person who uses a minor or mentally incapacitated individual to

deliver equipment, instrument, apparatus and other paraphernalia for dangerous
drugs (sec. 10 Art II)
8. Possession of Dangerous drugs during parties, social gatherings or meetings
(sec. 13), and possession of equipment, apparatus and other paraphernalia for
dangerous drugs during parties, social gatherings or meetings (sec.14)
 What is the Dangerous Drugs Board (DDB)?

The DDB is the policy-making body and strategy-making body in the

planning and formulation of policies and programs on drug prevention and
control. (under the Office of the President) (sec. 77, Art IX)
Composition: 17 members (3 as permanent, 12 as ex-officio, 2 regular
members) (sec. 78, Art IX)
3 permanent members: to be appointed by the President, one to be the
chairman.
12 ex officio members:
 What is the Dangerous Drugs Board (DDB)?

Secretary of DOJ, DOH, DND, DOF, DOLE, DILG, DSWD, DFA and
DepEd, Chairman of CHED, NYC and the Dir. Gen of PDEA.
2 regular members: President of the IBP, and the Pres/ Chairman of an
NGO involved in a dangerous drug campaign to be appointed by the President.
The NBI Director the Chief of the PNP- permanent consultant of the
Board.
 What are the Powers and Duties of the DDB?
(sec. 18, Art IX)
1. Formulation of Drug Prevention and Control Strategy,
2. Promulgation of Rules and Regulation to carry out the purposes of this Act,
3. Conduct policy studies and researches,
4. Develop educational programs and info drive,
5. Conduct continuing seminars and consultations,
6. Design special training,
7. Coordination with agencies for community service programs.
8. Maintain International networking.
 What is the PDEA?
PDEA means Philippine Drug Enforcement Agency.
It is the implementing arm of the DDB and responsible for the efficient
and effective law enforcement of all the provisions on any dangerous drugs and/
or precursors and essential chemicals.
Head: Director General- appointed by the President
Assisted By: 2 Deputies Director General (one for Admin, another for
Opns)- appointed by the President (sec. 82, Art IX)
PDEA Operating Units:
It absorbed the NDLE- PCC (created under E.O. 61 NARCOM of the
PNP, Narcotics Division of the NBI and the Customs Narcotics Interdiction Unit
(sec. 86, Art IX).
 What are the Powers and Functions of the PDEA?
(sec. 84, Art IX)
1. Cause the effective and efficient implementation of the national drug control
strategy,
2. Enforcement of the provisions of Art II of this act,
3. Undertake investigation, make arrest and apprehension of violators and
seizure and confiscation of dangerous drugs,
4. Establish forensic laboratories,
5. Filing of appropriate drug cases,
6. Conduct eradication programs,
7. Maintain a national drug intelligence system,
8. Close coordination with local and international drug agencies.
 Other Features of R.A. 9165
1. In the revised law, importation of any illegal drug, regardless of quantity and
purity of any part therefrom even for floral, decorative and culinary purposes is
punishable with life imprisonment to death and a fine ranging from P500,000 to
P10 million.
2. The trading, administration, dispensation, delivery, distribution and
transportation of dangerous drugs is also punishable by life imprisonment to
death and a fine ranging from P500,000 to P10 million.
3. Any person who shall sell, trade, administer, dispense, deliver, give away to
another or distribute, dispatch in transit or transport any dangerous drugs
regardless of quantity and purity shall be punished with life imprisonment to
death and a fine ranging from P500,000 to P10 million.
 Other Features of R.A. 9165

 But if the sale, administration, delivery, distribution or transportation of any

of these illegal drugs transpires with in 100 meters from any school, the
maximum penalty shall be imposed.
 Pushers who use minors or mentally incapacitated individuals are runners,
couriers and messengers or in dangerous drug transactions shall also be meted
with the maximum penalty.
 A penalty of 12 yrs to 20 yrs imprisonment shall be imposed on financiers,
coddlers and managers of the illegal activity.
 Other Features of R.A. 9165
4. The law also penalizes anybody found in possession of any item or
paraphernalia used to administer, produce, cultivate, propagate, harvest,
compound, convert, process pack, store, contain or conceal illegal drugs with an
imprisonment of 12 yrs to 20 yrs and a fine of P100,000 to P500,000.
5. Owners of resorts, dives, establishments, and other places where illegal drugs
are administered is deemed liable under this new law, the same shall be
confiscated and escheated in favor of the government.
6. Any person who shall be convicted of violation of this new law, regardless of
the quantity of the drugs and the penalty imposed by the court shall not be
allowed to avail the privileges provisions of the Prabation Law (P.D. 968)
 Other Features of R.A. 9165

(Sec. 58, Art VIII) Filing of charges against a drug dependent confinement and
rehabilitation under voluntary submission program can be made:
1. Second commitment to the center
2. Upon recommendation of the DDB
3. May be charge for violation of sec. 15
4. If convicted – confinement and rehabilitation
Parents, spouse or guardian who refuse to cooperate with the Board or
any concerned agency in the treatment and rehabilitation of a drug dependent
may be cited for Contempt of Court (sec. 73, Art VIII)
 ANTI-DRUG DRIVES AND OPERATIONS CONCEPTS

The operational Plans (OPLANS) against the Drug Problem are:

1. Oplan Thunderbolt I – operation to create impact to the
underworld.
2. Oplan Thunderbolt II – operations to neutralize suspected illegal
drugs laboratories.
3. Oplan Thunderbolt III – operations for the neutralization of big
time drug pushers drug dealers and drug lords.
4. Oplan Iceberg – Special operations team in selected drug prone
areas in order to get rid of illegal drug activities in the area.
ANTI-DRUG DRIVES AND OPERATIONS CONCEPTS

The operational Plans (OPLANS) against the Drug Problem are:

5. Oplan Hunter – operations against suspected military and
police personnel who are engage in illegal drug activities.
6. Oplan Mercurion – operations against drug stores, which
are violating existing regulations on the scale of regulated drugs
in coordination with the DDB, DOH and BFAD.
7. Oplan Tornado – operations in drug notorious and high
profile places.
8. Oplan Greengold – nation wide MJ eradication operations in
coordination with the local goverments and NGO’S.
ANTI-DRUG DRIVES AND OPERATIONS CONCEPTS
The operational Plans (OPLANS) against the Drug Problem are:
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 – the newest operational plan against drug abuse focused in
the barangay level in cooperation with barangay officials.
11. Oplan Athena – operation conducte4d to neutralize the 14k, the Bamboo
gang and other local organized crimes groups involved in illegal drug
trafficking.
12. Oplan Cyclops – operations against Chinese triad memebers involved in
the illegal drug Operations particularly Methamphetamine Hydrocloride.
 In the conduct of anti-drug operations, the following must be strictly
considered:
1. Respect for Human Rights (Sec. 11, Art. 2, Phi, Constitution)
2. Respect for right of the people to due process and equal protection (Sec. 1,
Art. 3, Phil. Constitution)
3. Respect of Right of the People against unreasonable search and seizure.
(Sec. 2, Art 3, Phil. Constitution).
4. Respect of Right of the People to privacy of communication (Sec. 3, Art 3,
Phil. Constitution).
5. Respect for constitutional rights of the accused undergoing custodial
investigation (RA 7438), (Sec. 12, Art 3, Phil. Constitution).
6. Respect for the statutory rights of the accused undergoing custodial
investigation under RA 7438.
The Principles of Drug Operations are:
1. Knowledge on circumstances on when to use necessary force (Art. 11,
Chapter RPC).
2. Knowledge on the statutory provisions on arrest ( Rule 113, Rules on
Criminal Procedures)
3. Knowledge on the administrative guidelines on arrest, search and seizure.
4. The Miranda Doctrine (384 U.S. 346)
5. Warrantless search and Search Incidental to lawful arrest (Rule 126, Rules
on Criminal Procedure).
National Campaign Strategies
1. Demand Reduction Strategy
a. Preventive education and information campaigns to prevent
further demand of society particularly the youth.
b. Treatment and rehabilitation of drug dependents.
2. Supply Reduction Strategy
a. Dangerous Drug Law enforcement
b. Judicial and Legislative Measures
Operational Plans against the Drug Problem
1. Oplan Thunderbolt I- operations to create impact to the underworld.
2. Oplan Thunderbolt II- operations to neutralize suspected illegal drug
laboratories.
3. Oplan Thunderbolt III- operations for the neutralization of big time
drug pushers, dru8g dealers and drug lords.
4. Oplan Iceberg- special operations in selected drug prone areas in
order to get rid of illegal drug activities in the area.
5. Oplan Hunter- operations against suspected military and police
personnel who are engaged in illegal drug activities.
 6. Oplan Mercurio- operations against drug stores, which are violating
existing regulations on the scale of regulated drugs in coordination with the
DDB/ DOH and BFAD.
7. Oplan Tornado- operations in drug notorious and high profile places.
8. Oplan Greengold- nationwide MJ eradication operations in
coordination with the local governments 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 conduits.
10. Oplan Banat- the newest operational plan against drug abuse focused
in the barangay level in cooperation with the barangay officials.