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Chapter 0ne

HISTORICAL PERSPECTIVE OF DRUG ABUSE


Overview
This chapter presents the historical perspective of drug abuse, the
common methods of administration of drugs and how it works in our body and
the underlying causes/influences of drug abuse.

HISTORY OF DRUG ABUSE

The Holy Bible is a very reliable source in tracing the early use and abuse
of narcotics. The Book of Judges of the Old Testament revealed that the mighty
Samson was put to sleep by Delilah by means of a drug-laced wine before
cutting his hair, the source of his strength, and subsequently gouged his eyes
before the feasting Philistines already “high spirited” with narcotics mixed with
intoxicants. There are also many allusions of drug abuse in the old cities of
Sodom and Gomorrah, which might have led to the widespread adultery,
bestiality and incest (Sotto, 1994).

Ancient Greek and Roman literature likewise are replete with stories
alluding to drug abuse, as in the lamentable and tragic romance of Mark Anthony
and Cleopatra. Cleopatra, in desperation over her disprized love drank a
narcotic-laden wine before allowing her self to be bitten to death by a poisonous
asp from the River Nile. Even in the practice of oracles and black magic during
the Roman ancient times were believed to be accomplished by “narcotics”(Sotto,
1994).

Historians credited that marijuana (Cannabis Sativa) is the world’s oldest


cultivated plant started by the Incas of Peru. Peruvian and Mexican Incas have
also the common practice to use the coca leaves during religious offering
ceremonies. It was also known that marijuana was a “sacred tree” in the belief of
the Assyrians being used during religious rituals – some 9,000 years B.C. The
use of marijuana is also deeply ingrained in the cultures of many countries such
as India, Jamaica, Morocco, Nepal, Mexico and Peru (Sotto, 1994). The first
reference of introduction was in Northern Iran as an intoxicant. And from there it
spread throughout India by the Hindus used for religious rituals in the belief that it
is a source of happiness and “laughter provoker”. The word “hashis” (resin) of the
Marijuana plant was derived from the name Hasan or Hashasin, the Muslim cult
leader who fed his disciples a preparation made from the resin of the female
hemp plant as a reward for their successful activities in assassinations.
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American Indians too are believed to use not only the stimulant tobacco
but also opium in their peace pipes in order to “narcotize” an oppositionist to their
common objectives (Sotto, 1994).

Knowledge on the opium poppy plant (Papaver Somniferum) goes back


about 7000 years B.C cultivated and prepared by the Summerians. Even the
ancient Greek physician Hippocrates, the Father of Medicine, prescribed the
juice of the white poppy plant as early as 5,000 B.C in the belief that it can cure
many illnesses both in the internal and external use. The plant was first
harvested in Mesopotamia and its use spread through out the neighboring
Mediterranean areas, then to Asia. From there, it was introduced to Persia, India
and China by the Arab came caravans (Dungo, 1988).

Opium use in China was stemmed out from India and became widespread
in the 19th Century. From Middle East, the plant was cultivated in India, Pakistan
and Afghanistan. Five centuries later, An Opium trade between China and
Portuguese merchants became a lucrative business. The British took over the
trade from the Portuguese and established the Opium Trade Monopoly through
the British East Indies Company.
In an Attempt to stop the extremely high rate of opium addiction in China,
Emperor Yung Chen prohibited the smoking of opium and attempted to close
ports for its importation. This triggered the “opium war” of 1840 which induced
China to accept the British sponsored opium trade and forced to sign a treaty
permitting the importation of opium intro China after her defeat.

It was in 1806 that a German pharmacist in the name of Friedrich W.


Serturner discovered Morphine, the first derivative of opium. He called this new
drug as “Morphium” and later changed to Morphine after the Greek god of dream,
Morpheus. This was the first attempt to cure opium addiction. But morphine
addictive properties came to prominence during the American Civil War vast
numbers of American soldiers became addicted to the drug – so much so that
morphine addiction became known as “soldiers disease”.

During World War II, the German Army dosed the rationed chocolate for
their soldiers with METH as a stimulant. The METH-laden chocolate was wildly
popular and called “Airmen’s Chocolate”
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The second attempt of treating opium and morphine addiction started in


1896 when Heroin (Diacetylmorphine), synthesized from the drug morphine, was
discovered by a British chemist in the name of Alder Wright. It was called the
“miracle drug” because it is believed that it can cure both opium and morphine
addiction. It was named after the word “hero” due to its impressive power. So
physicians began to use heroin but it became a substitution of one addiction to
another. It turns out later that heroin is the most addictive of all drugs.

Meanwhile, codeine, the third derivative of opium was discovered in


France while in the process of discovering other drugs that could cure opium,
morphine and heroin addiction but it also ended in the same tragic result. Today,
it is widely used as an ingredient in most cough syrup.

There are of course other historical events that would reveal drug abuse in
the history of man, the greatest influence of the modern medical practice today.
In fact, physicians all over the world still consider narcotics as the most effective
pain reliever (Sotto, 1994).

HISTORY OF DRUG ABUSE AND ADDICTION IN THE PHILIPPINES

Very little known about drugs in the Philippines during the pre- Spanish
era. The intoxicants and stimulants used by the early Filipinos were fermented
alcoholic beverages and the masticatory preparations known as “nga-nga” in
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vernacular. Narcotics, including marijuana, were not in the list of vices in the
country at that time. The opium poppy plant and the coca bush were absent in
the Philippine vegetation prior to 1521.

During the Spanish era, drug control laws prohibited the use of opium by
the native Filipinos and other people except the Chinese. Chinese residents in
the Philippines particularly in Manila and of the more distant Chinese pariahs
(ghettos) started smoking opium in 1780. As a vice, it was not widespread and
was particularly accepted and tolerated by the authorities. In 1844, The Spanish
colonial government laid down an opium monopoly, which entitled the importation
by the Spanish government and its sale to Chinese users. At this period, opium
smoking became widespread among Chinese as its use was forbidden to
Indians, Mestizos and the Filipinos. This compromise policy lasted up to 1896, a
period of revolt and insurrection.

The Americans took over the rule of the country, and after establishing a
civil government in 1901, a systematic survey was conducted and it was found
out that there were 190 joints where the Chinese smoke opium. It was observed
that the habit had not yet gained foothold among Filipinos. In 1906, partial
legislation allowed Chinese addicts to obtain a license to use opium in their
homes for a fee of P5.00. The opium sale was under the government control and
the quality was limited.

In 1908, the total ban of opium was effected. The campaign continued
until the Japanese occupation in 1946, at which point all supplies of opium were
cut of from the country and during that period the number of opium addicts was
probably the lowest in Asia.

In 1953, Republic Act No. 953 was enacted which provided for the
registration of collection, and the imposition of fixed and special taxes upon all
persons who produce, import, manufacture, compound, deal-in, dispense, sell,
distribute, or give away opium, marijuana, opium poppies, or coca leaves or any
synthetic drugs which may declared as habit forming. The law also declared as a
matter of national policy, the prohibition of the cultivation of marijuana and opium
poppy.

Some time in 1955, the marijuana plant was introduced in Pasay City by
foreigners for purpose of producing “reefers”. These were sold in taverns in
Pasay City and introduced into elite schools in the same area. The PC Criminal
Investigation on January 8, 1959 conducted the first marijuana raid in Pasay City
when several potted marijuana plants were seized.
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The Philippines has been relatively heroin-free until the early 60’s when
small heroin laboratories opened in Manila. In 1963, new trends appear. There
was a waning of opium addiction among the Chinese but a concurrent increase
among the Filipinos, just the latter contributed 63 percent of the total arrests from
drug offenses.

Recognizing the deleterious effect of drug abuse on the health and well-
being of the Filipino youth and the threat that it poses to national security, then
President Ferdinand Marcos signed into law Republic Act No. 6425 known as the
“Dangerous Drug Act of 1972” on March 30, 1972. This law which was amended
by Presidential Decree No. 44, dated November 9, 1972 placed under control not
only narcotics by also psychotropic substances. On November 14, 1972, the
Dangerous Drug Board was organized to provide leadership, direction and
coordination in the effective implementation of R.A. 6425. By early 1974,
addiction to opiates and barbiturates had almost disappeared among the native
population.

During the period 1975-1980 the cultivation of marijuana increased and


became geographically widespread, thus the pattern of drug taking involved
marijuana, abuse of pharmaceutical products (especially cough syrup) and the
inhalation of solvents. There was very little trafficking of heroin, cocaine and LSD
and the non-availability of narcotic drugs made the prices sour beyond the reach
of Filipino drug abusers.

Definition of Terms

 Drug – is a chemical substance used as medicine or in the making of


medicines, which affects the body and mind and have potential for abuse.
 Chemical – is any substance taken into the body that alters the way and
the mind and the body work.
 Chemical Abuse – is an instance when the use of chemical has produced
negative or harmful consequences.
 Narcotic Drug – refers to illegally used drugs or dangerous drugs, which
are either prohibited or regulated drugs. It also refers to drugs that
produces sleep or stupor and relieves pain due to its depressant effect on
the CNS. The term Narcotic comes from the Greek word “narcotikos”. It is
sometimes known as “opiates”.
 Drug Abuse – is the illegal, wrongful or improper use of any drug.
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 Drug Addiction – refers to the state of periodic or chronic intoxication


produced by the repeated consumption of a drug.
 Drug Dependence – refers to the state of psychic or physical dependence
or both on dangerous drugs following the administration or use of that
drug. WHO defines it as the periodic, continuous, repeated administration
of a drug.
 Physical Dependence – an adaptive state caused by repeated drug use
that reveals it self by development of intense physical symptoms when the
drug is stopped (withdrawal syndrome).
 Psychological Dependence – an attachment to drug use that arises from a
drug ability to satisfy some emotional or personality needs of an individual.
 Tolerance – is the increasing dosage of drugs to maintain the same effect
in the body.
 Pusher – any person who sell, administer, deliver or give away to another,
distribute, transport any dangerous drug.
 Use - the act of injecting, consuming, any dangerous drugs. The means of
introducing the dangerous drug into the physiological system of the body.
 Administer – the act of introducing any dangerous drug into the body of
any person with or without his knowledge.
 Manufacture – the production, preparation, compounding or processing a
dangerous drug either directly or indirectly or by extraction from
substances of natural origin or by chemical synthesis.
 Drug Experimenter – one who illegally, wrongfully, or improperly uses any
narcotic substances for reasons of curiosity, peer pressure, or other
similar reasons.
 Drug Syndicate – It is a network of illegal drug operations operated and
manned carefully by groups of criminals who knowingly traffic through
nefarious trade for personal or group profit.

Drug Abuse Jargons

 “Opiate” - Narcotic
 “On-the-Nod/ “Nodding” - the state produced by opiates like being
suspended on the edge of sleep.
 “Mainline’/ “to shoot” - injecting a drug into the vein
 “A Hit” - the street slang for injection of drugs
 “Work” - an apparatus for injecting a drug
 “A Fix” - one injection of opiate
 “Juni” - heroin
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 “Junkie” - an opiate addict


 “Skin popping” - to inject a drug under the skin
 “A Bag” - a pocket of drug
 “Cold Turkey” - the withdrawal effect that occurs after a
repeated opiate use
 “Track” - scars on the skin left from the repeated
injection of opiate
 “Overdose” - death occurs because the part of the brain
that controls breathing becomes paralyzed.
 “Speed” - amphetamines
 “Speed Freaks” - amphetamine addicts
 “Uppers” - street slang for amphetamines
 “Rush” - the beginning of a high
 “High” - under the influence of drugs
 “Coke” - street slang for cocaine
 “Flashback” - user can be thrown back into the drug
experience months after the original use of drug.
 “Acid” - slang term for LSD
 “Acid Head” - LSD user
 “Drop” - taking drug orally
 “Joint” - an MJ Cigar
 “Roach” - butt end of a joint
 “Stoned” - the intoxicating effect of a drug
 “Trip” - the name for the reaction that is caused by
drugs
 “Head” - drug user
 “Downer” - street slang for depressant

WHAT ARE DRUGS?

A drug, as defined, is a chemical substance used as a medicine or in


making medicines, which affects the body and mind and have potential for
abuse. Without an advice or prescription from a physician, drugs can be harmful.
Hundreds of pure chemicals have been developed plants and put into
pills, capsules or liquid medicines. There are also two forms of drugs, natural and
synthetic/artificial. The natural drugs include natural plant leaves, flowering tops,
resin, hashish, opium, and marijuana, while the synthetic drugs are produced by
clandestine laboratories which include those drugs that are controlled by law
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because they are used in the medical practice. Physicians prescribe them and
are purchased in the legitimate outlets like drugstores.
Drugs also help a person’s body and mind function better during an
illness. But drugs have to be taken correctly in order to do these things. The
wrong drug or the wrong amount of the right one can make an illness, worse,
destroy blood cells, damage the body and many cause death. For this reason,
most drugs can be legally purchased only with doctor’s written order called
prescription. Only a medical doctor can prescribe medicinal drugs. These drugs
could be dangerous and must be used with care, according to the doctor’s
prescription. He gives direction on how much medicine to take and how often.
The practice of taking drugs without proper medicinal supervision is called
the non-medical use of drugs or drug abuse.

A. THE PRESCRIPTIVE DRUGS

These are drugs requiring written authorization from a doctor to allow a


purchase. They are prescribed according to the individual’s age, weight and
height and should not be taken by anyone else. It is a personal requirement and
self-medication that should be strictly avoided. The pharmacist should never
allow the consumer to request them knowingly without first consulting a doctor.

Once again strict emphasis of following directions needs to be stated. In


addition to dosage, the physician indicates both when and for how long the
medicine should be taken. Theses directions are intended to safeguard the
patient from needlessly treating himself after his illness has been brought under
control or from prematurely stopping a drug because he thinks he is well. Since
the chemistry of the body is subtle and variable, only a physician should have the
responsibility of prescribing and directing the use of drugs in the treatment of
illnesses.

B. THE OVER - THE COUNTER - DRUGS (OTC)

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


pharmacy or drugstore without written authorization from a doctor. They are use
to treat minor and short term illnesses and any persistent condition should be
immediately referred to a physician. It should be strongly emphasized that
“directions” be closely followed and all precautions necessarily taken to avoid
complications.
OTC drugs are used for the prevention and symptomatic relief of minor
ailments. The precautions that must be observed when dispensing OTCs are the
following:
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1. the correct drug with the correct drug content is given to the correct
patient in the correct dosage form;
2. the pharmacist must counsel the patient to make sure that he/she takes
the drugs correctly; and
3. the pharmacist must be aware of and know about the possible toxicity’s
possessed by the OTC drugs to avoid food/drug incompatibilities and overdoses.

OTCs must be used discriminately:


1. To avoid the dispensing of OTC to known identified habitual drug users.
2. To avoid complications, this is done by inquiring from the buyer of the
drugs as to the identity of the patient, the patient’s age and other information
such as pregnancy, hypertension, etc.
3. Counseling the patient so as to avoid the “self-medication” syndrome by
inquiring about the buyer’s source of information about the drug.

C. The “Self-Medication Syndrome”

The “self-medication” syndrome is found in users and would be users of


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

Possible outcomes of self-medication are:

1. Adverse reaction towards the drug, such as allergies that may be mild
or severe.
2. Possible non-response of the patient to the drug effectively due to
incorrect drug usage.
3. Possible drug toxicities, through over dosage which may lead to severe
reactions such as nausea, vomiting, rashes, etc.
4. Possible habit-forming characteristics due to periodic use of the drugs
even when such are no longer needed.

HOW DRUGS WORK?

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

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

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

HOW DRUGS ARE ADMINISTERED?

The common methods of administration are the following:

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

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

1. Overdose – when too much of a drug in taken, there may be an over


extension of its effects.
2. Allergy – some drugs cause the release of histamine giving rise to allergic
symptoms such as dermatitis, swelling, fall in blood pressure, suffocation
and death.
3. Idiosyncrasy – for unexplained reasons, morphine, which sedates all
men, stimulates and renders some women some maniacal. Perhaps the
phrase “catty woman” has pharmacological basis since most mammals
are sedated by morphine but some cats become extremely excited by it.
4. General Protoplasmic Poison Property – drugs are chemicals and
some of them have the property of being general protoplasmic poisons.
5. Side Effects – some drugs are not receptors for one organ but receptors
of other organs as well. The effect in the other organ may constitute a side
effect, which is unwanted.

THE MEDICAL USE OF DRUGS

The best use of medicine depends upon the physician, the user or patient,
and lastly, the pharmacist. This idea was subscribed to by both Metro Manila
Physicians (PNC Health Education Survey, 1983) and the Pharmaceutical
Manufacturer’s Association of Washington, D.C. (U.P., MEC, DDB 1979). Their
common agreements on the intelligent use of drugs are presented below.

1. Take medicines on doctor’s advice. In prescribing medicine, the doctor


considers factors like age and weight, prevalent signs and symptoms, severity of
the disease, results of laboratory examinations, route of administration tolerated
by patient, and presence of impairment in the organ or system. The physician
has always a reason for his orders.
2. When taking prescribed medicines, remember carefully the dosage,
manner of administration, frequency and time when to take it. Patient must not
trust his memory when taking medicine. The label of the medicine should be read
three times – once when medicine id remove from cabinet, again before
medicine is taken and a third time after it is taken. Medicine should not be taken
in the dark even if patient knows its location.
3. If patient goes to more than one doctor, each one of them must know
about all the drugs being taken.
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4. Avoid self-medication. Patient should not try to guess what is wrong


with him or to select his own medicines even if his symptoms seem to be familiar
to those of his neighbor.
5. Report any untoward effects of medicine to the physician. After taking
medicine, tell the doctor if any symptoms develop.
6. Patient should not take additional drugs without asking his physician.
7. See whether the medicine has expired or not.
8. Be sure that the label stays on a prescription container until all is used.
9. Store medicine in a safe, cool and dry place and out of reach of
children.

10. Some people just purchase and use common drugs without knowing
their functions and contradictions. Thus, instead of being relieved of some
symptoms, their conditions are aggravated. Physicians share the same opinion
that the following drugs are better used under medical supervision to avoid
harmful consequences and habit formation.
11. Analgesics relieve pain. However, they may produce the opposite
effects on somebody who suffers form peptic ulcer or gastric irritation.
12. Antibiotics combat or control infectious organisms. Ingesting the same
antibiotics for a long time can result in allergic reactions and cause resistance to
the drug.
13. Antipyretics can lower body temperature or fever due to infection.
14. Antihistamines control or combat allergic reactions. People who on
antihistamine therapy must not operate or drive vehicles since these drugs can
cause drowsiness.
15. Contraceptives prevent the meeting of the egg cell and sperm cell or
prevent the ovary from releasing egg cells. Pregnant women must not take birth
control pills to avoid congenital abnormalities. This advice also applies to women
suffering from heart disease, varicose veins, breast limps, goiter and anemia.
The effectiveness of oral contraceptives may be reduced when taken with
antibiotic.
16. Decongestants relieve congestion of the nasal passages. Prolonged
used of these decongestants might include nasal congestion upon withdrawal.
17. Expectorants ease the expulsion of mucus and phlegm from the lungs
and the throat. They are not drugs of choice for the newborn that does not know
to cough the phlegm out.
18. Laxatives stimulate defecation and encourage bowel movement. They
should not be given to pregnant women and those suffering from intestinal
obstruction. Taking purgatives (stronger than laxatives) unnecessarily might
result in rupture of the intestines or appendix if there is an obstruction. Constant
use might make the intestines sluggish.
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19. Sedatives and tranquilizers calm and quiet the nerves and relieve
anxiety without causing depression and clouding of the mind. Precautions must
be taken in the use of tranquilizers since they can cause impairment of
judgement and dexterity.
20. Vitamins are food substances necessary for normal growth and
development and proper functioning of he body. A person who eats a balanced
diet does not need supplements. If they are found necessary, vitamin
preparations should be taken with meals. Vitamins should be treated as drugs
since the body does not manufacture them. Excessive dosage of vitamins A and
D can be dangerous and harmful to health. Excess of vitamin D can lead to
nausea, diarrhea, and weight loss, calcification and heart and kidney troubles.
Too much vitamin A might result in symptoms of a disease of the liver.

THE INFLUENCES OF DRUG ABUSE

Concept of Drug Abuse

The term Drug Abuse most often refers to the use of a drug with such
frequency that it causes physical or mental harm to the user or impairs social
functioning. Although the term seems to imply that users abuse the drugs they
take, in fact, it is themselves or others they abuse by using drugs.

Traditionally, the term drug abuse referred to the use of any drug
prohibited by law, regardless of whether it was actually harmful or not. This
meant that any use of Marijuana, for example, even if it occurred only once in a
while, would constitute abuse, while the same level of alcohol consumption would
not.

The term drug is commonly associated with substances that may be


purchased legally with prescription for medical use. Other substances that may
be purchased legally without prescription and are commonly abused include
alcohol and the nicotine contained in tobacco cigarettes (Groiler, 1995).
Concept of Drug Dependence

Drug abuse must be distinguished from drug dependence. Drug


dependence, which is sometimes called drug addiction, is defined by basic three
characteristics (Groiler, 1995).
The users continue to take a drug over an extended period of time. Just the long
this period is dependent on the drug and the user.
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The users find it difficult to stop using the drug. They seem powerless to
quit the drug use. Users take extraordinary and often harmful measures to
continue using the drug. They will drop out of school, steal, leave their families,
go to jail and lose their job to keep using drug.

The users stop taking their drug – only if their supply of the drug is cut off,
or if they are forced to quit for any reason – they will undergo painful physical or
mental distress. The experience of withdrawal distress, called the withdrawal
syndrome, is a sure sign that a drug is dependency-producing and that the user
is dependent on the drug. Drug dependence may lead to drug abuse – especially
the illegal drugs

Concept of Drug Addiction

Drug addiction is a state of mind in which a person has lost the power of
self-control in respect of a drug. He consumes the drug repeatedly leaving aside
all values of life. In other words a drug addict will resort to crime even, to satisfy
his repeated craving for the drug. The effects of addiction are mainly
deteriorative personality Changes. They include insomnia, instability, lack of self-
confidence especially when not under the influence of drug. The addict can not
concentrate on any work. He avoids social contacts. Slowly, mentally, physically,
and morally he becomes from bad to worse and a burden to the society.

One or more of the following attributes characterizes drug addiction:

1. Compulsion/ Uncontrollable Craving – the addict feels a compulsive


craving to take drug repeatedly and tries to procure the same by any means.
2. Tolerance – it is the tendency to increase the dose of the drug to
produce the same effect as to that of the original effect.
3. Addiction – the addict is powerless to quit drug use.
4. Physical Dependence – the addict’s physiological functioning is
altered. The body becomes sick, inactive and incapable of carrying out useful
activity in the absence of the drug. The withdrawal syndromes will occur once the
drug use is stopped.
5. Psychological Dependence – Emotional and mental discomfort exist
to the individual. The drug addict feels he can not do without the drug,
consequently if he does not take the drug his mental processes are affected. He
can not carryout his work efficiently.
6. Withdrawal Syndrome – The addict becomes nervous and restless
when he does not get the drug. After about 12 hours, he starts sweating. His
nose and eyes becomes watery and continue doing so increasingly for another
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twelve hours. It is followed by vomiting, diarrhea, loss of appetite and sleep.


Respiration, blood pressure and body temperature also rises. This will continue
up to three days. After which, the trouble starts subsiding and most of it is gone
in about a week’s time. Complete recovery takes place in three to six months.

UNDELYING CAUSES/INFLUENCES OF DRUG ABUSE

The drug addict or abuser is generally an emotionally unstable person


before he acquires the habit. He can not face painful situations without help, he
has less will power and self control. He has not adjusted himself to his emotional
reaction. Due to this, drug addicts have low capacities for dealing with
frustrations, anxieties and stress.

Drug abuse is a multi-faceted problem exits in our locality and countryside,


there is usually more than one reason why this problem exists. Any of the
following factors may influence people to abuse drugs.

A. Biological Factors

There are some reasons or pre-existing induced biological abnormalities


of chemicals, physiological or structural in nature that induced a person to take
drugs. The following are some to consider:

1. Individual ‘s general health – there are several diseases that easily


make a person become a drug abuser. Examples are fatigue, chronic
cough, insomnia, and discomfort.
2. It is believe that drug has the special power to prevent or to increase
sexual capacity.
3. One specific genetic theory proposes that there is an inherited defect
in the production of endorphin, similar to morphine. A deficiency of the
substance leads to bodily discomfort. With the use of the morphine,
this feeling is induced. According to theory, a person who uses
morphine has the physiological abnormality where endorphin
production is less. The drugs when we use the body cells work
actively.

B. Common Causation of Drug Abuse

1. Children of broken home easily join peer groups as substitutes to their lost
family solidarity.
2. To strike and over protectiveness of parents.
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3. For curiosity – eagerness to know what they have not experienced.


4. To assert their independence.
5. To rebel from parental authority.
6. To prove their guts.
7. To escape problems.
8. Peer pressure and for the sake of PAKIKISAMA.
9. They believe that drug can give deeper insights.
10. The belief that medicines can magically solve problems.
11. The easy access to drug or various sort in an affluent society.
12. The enjoyment of euphoria or excitement induced by drugs.
13. The search for sharpened perception and high perception and creativity,
which some people believe they obtained from drugs.
14. The beliefs that they are just taking it like alcohol.
15. The dissatisfaction or disillusion of lost of faith in the prevailing system.
16. The tendency of persons with psychological problems to seed easily
solution with chemicals.
17. The statement of proselytizers who proclaim the goodness of drugs.
18. Slum condition - the most critical is that the slum dweller are often
deprived of emotional support.

C. Factors in Youthful Drug Abuse


(Psychological, mental health, family conditions)

1. Motives and Attitudes

Psychologically speaking, in terms of motives and function of drug use,


some of which may not be recognized by users themselves. The more a drug is
used, the more it tends to satisfy more than one motive or need.
Recent surveys of college drug use have induces the students reasons for drug
use. In one study smaller or larger groups mentioned all of the following motives;
1. To feel more courageous.
2. To find out more about oneself.
3. To have a religious experience to come close to God.
4. To satisfy a strong craving or compulsion.
5. To increase or reduce appetite.
6. To feel less dull or sluggish, improve sex.
7. To reduce sexual desire and keep from being panicked or crazy.
8. To improve intelligence or learning, prepare stress.
9. To feel less depress of sad, relieve tension or nervousness
10.To make good moral mood last longer, relieve anger or irritation
17

2. Personality and Pathology

This psychology has been described as follows:

1. Chronic, low-grade depression.


2. Smoldering, tense and restlessness.
3. A sense of not being taken seriously.
4. Narcissism or egocentricity.
5. Preoccupation with issues or identity, autonomy, and freedom of
expression.
6. Repeated dwelling on drug taking and its effects.
7. Difficulty in interpersonal relations.

3. Family Background

The kinds of personality disturbances found in some young addicts and


heads cannot, in the current state of knowledge, be identified as brain damage or
schizophrenia. It is more in the manner of character disorder. And the behavior
may be the result of inadequate socialization, condition of child rearing and family
interaction. The few available facts about families of young abuser lend
credence to this idea.

In one broad study of New York’s high addiction areas, the families of
adolescent narcotics users showed the following characteristics:

1. Absent or weak father


2. Overprotective, overindulgent and domineering mother
3. Inconsistent standards of behavior, lack of definition of limits
4. Hostility or conflict between parents
5. Unrealistic aspiration for children

D. The Psycho-Social Factors

1. Personality Disorder - Drug abuse is a manifestation of an underlying


character of personality disorder. Thus majority of the drug users are
fundamentally immature, emotionally childish, insecure or are suffering from
problems of adolescence.

2. Social Disorder - A sign or symptom of family problem involving parent


– child relationship, peer pressures, unethical values.
18

Drugs use does not also occur in isolation of other environmental factors
but rather, is greatly influenced by these factors. Some of the sociological factors
also influenced drug use is as high toll.

a. Availability of over-the counter and prescription drugs variety of


drugs available for different ailments.
b. Influence of media-advertisement message that all aliment can be
cured through the use of chemical substances toward messages
and help to create the acceptance of drugs.
c. Impact of affluent lifestyle or of high employment.
d. Effect of increased travel and exposure to different culture and
social values
e. Modeling, if parents or key influence are drug users, young persons
often tend to model the behavior they are at home.
f. Social pressures exerted by peers
g. Collapse of religious values
h. Alienation and enemies feeling of powerless
i. Lower value on academic achievement
j.
E. Other Factors

1. Ignorance, curiosity
2. Laxity of government and other authorities
3. Mass media influence
4. Nature of society resulting in the increased violent behavior for youth.

F. The 7 Deadly Sins - Primary Causes of Drug Abuse

1. Pride – excessive feeling of self-worth or self-esteem, sense of self-


importance.
2. Anger - unexpressed, deep-seated anger against himself, his family, his
friends or the society in general.
3. Lust – burning sexual desire can distort the human mind to drug abuse.
4. Gluttony – “food trip” in the lingo of junkies
5. Greed – wealth, fame, recognition as exemplified by people under
pressure in their work of art, such as musicians, actors, athletes who indulge in
drug abuse.
6. Envy – to get attention from someone: as a sign of protest envy is a
major cause of drug abuse.
19

7. Laziness –“ I can’t syndrome”, incapacity to achieve – the breeding


ground of drug abuse. Boredom coupled with poor self-image.

How Addiction is acquired?

People have generally different motivation in life. The young ones are
very much adventurous and some of them have strong attraction in Drug-taking,
because these “Space are era belongs to them so to speak, thus, the “IN” thing
these days are drugs. To see drug abusers around seemed to be of a common
sight.

The drug habit is acquired in three ways:

1. Association
2. Experimentation
3. Inexperienced doctors

Likewise, addiction may be acquired through:

1. Habituation – closely related to euphoric effect, and the relief of pain or


emotional discomfort.
2. Toleration – the necessity to increase the dose to obtain an effect
equivalent to the original dose.
3. Dependence – the altered physiological state brought about by the
repeated administration of the drug, which necessitates the continued
use of the drug to avoid withdrawal syndrome.

What are the Group Classifications of Drug Abusers?

1. Situational Users – those who use drugs to keep them awake or for
additional energy to perform an important work. Such individual may or may not
exhibit psychological dependence.

2. Spree Users – school age users who take drugs for “kicks’, an
adventurous daring experience, or as a means of fun. There may be some
degree of psychological dependence but little physical dependence due to the
mixed pattern of use.

3. Hard Core Addicts – those, whose activities revolve almost entirely


around the drug experience and securing supplies. They show strong
psychological dependence on the drug.
20

4. Hippies – those who are addicted to drugs believing that drug is an


integral part of life.

DETECTION OF DRUG ABUSERS

Detecting a drug user is not an easy task. The signs and symptoms of
drug abuse, especially in the beginning stages can be identical to those
produced by conditions having nothing whatsoever to do with drugs.

It is always necessary to exercise certain prudence before drawing


conclusions. Some judgments may only hurt the individual; if he is innocent and
one may lose his love and trust. Only after observing calmly and patiently his
behavior, appearance and associations, may one pass judgment and act.

To detect a drug abuser one should observe the following:


1. neglect of personal appearance
2. diminished drive, lack of ambition
3. reduced attention span
4. poor quality of school work
5. impaired communication skills
6. less care for the feeling of others, lessening of accustomed family warmth
7. pale face, red eyes, dilation or constricted pupils, wearing sunglasses at
wrong places
8. change from active to passive and withdrawn behavior
9. secretive about money, disappearance of money and other valuables from
the house
10. friends refusing to identify themselves or hang up when you answer the
phone
11. overreaction to mild conditions
12. smell of marijuana, sweetish odor, like a burned rope in the clothes or
room, etc.
13. symptoms of nausea, vomiting, diarrhea, tremors, muscular aches,
insomnia and convulsions, etc.
14. presence of :

a. butt from marijuana joint


b. holders (i.e. pipe clips) for the joint
c. presence of leaves, seeds in pockets or lining
d. rolling paper, pipes, “bong” in closet or pocket
e. cough syrup bottles, capsules, syringes, etc.
21

f. visines or Eye-Mo bottles to treat red eyes


g. devices for hiding drugs like trash cans, soft drinks bottles
h. presence of other pills like valium, artane, other tranquilizers
i. presence of physician’s prescription pad in blank form

IDENTIFICATION OF DRUG ABUSER

The following markers can help in identifying them:

1. Change in interest – they lose interest in their studies and in their work.
They fail in school, shift from one course to another, transfer of school of
lower standard until eventually drop out.

2. Frequent shifting of mood – they are euphoric, elated and sometimes even
ecstatic when under the influence of drugs. They would be indifferent, irritable
and even hostile when the effect of drug is waning from the system.

3. Changes in behavior – they usually spend a lot. They are usually in the
company of known drug users in the community. They come home late; they
become disrespectful and would sell personal or family valuables.

4. Changes in physical appearance – if they can be seen while still under the
influence of drugs the following can be noted:

The following can also help in identifying drug abusers.

a. They know the lingo of the abusers, i.e. OMAD. Chongki, Bitin, etc.
b. Presence of linear scar in the arms, forearms and abdomen.
c. Lobule of left ear punctured and some of the males even wear
earrings.

PROCESS OF DETECTING DRUG ABUSERS

The detection of drug abuse involves five processes namely:

a. Observation
b. History taking
c. Laboratory examination
d. Psychological examination
e. Psychiatric evaluation
22

1. OBSERVATION

Observations of the signs and symptoms of drug abuse may take relatively a
long period of time. Good sensory equipment and a high degree of objectivity are
two requirements for a good observer. To be an effective observer, the observer
should not let his own personal judgements and reactions affect his observations.
He should exercise care in his observation such that the suspected drug abuser
is not made aware of being observed.

2. HISTORY TAKING

A. Collateral Information (Interview with information)


The best information is from the patient himself, but collateral information
is necessary. Ideally, a parent or close relative or a close friend should be
present to furnish useful details as to the different changes observed in the
patient that made them suspect the subject is abusing drugs. These changes
may be in his appearance, behavior, mood, or interest.

Added information
1. If subject’s “barkadas” are also known drug abusers in the
community.
2. He knows the language of drug dependents.
3. Seeing in his room, books or in his belongings or in his
possession empty bottles of cough syrups, empty medicine foils,
MJ sticks or rolling paper.

B. Interview with patient

Inquire regarding the drugs being abused, onset of his drug taking activity,
reason for abusing drugs, how he supports his vice, etc.

3. LABORATORY EXAMINATION

Accurate laboratory examinations cannot be performed by any ordinary


chemist since detection of dangerous drugs requires sophisticated equipment
and apparatus, special chemical reagents and most of all, the specialized
technical know-how.

4. PSYCHOLOGICAL EXAMINATION
23

This phase of drug detection requires the expertise of trained


psychologists. Teachers therefore are not in a position to administer
psychological examinations among their students. Psychological examination
findings will correspond to the general findings of a drug prone individual:
- drowsy or lethargic appearance accompanied by scratching and
without alcoholic breath, tendency to giggle excessively at things which
others don’t consider funny, and over-active and over talkative

5. PSYCHOLOGICAL TESTS

a. Intelligence Test – the test is designed to cover a wide variety of


mental functions with special emphasis on adjustment comprehension
and reasoning.
b. Personality Test – this type of test is used to evaluate the character
and personality traits of an individual such as his emotional
adjustment, interpersonal relation, motivation and attitude.
c. Aptitude Test – this test is to measure the readiness with which the
individual increases his knowledge and improves skills when given the
necessary opportunity and training.
d. Interest Test – this is designed to reveal the field of interest that a
client will be interested in.
e. Psychiatric Evaluation – it is a process whereby a team of
professionals composed of psychiatrists, psychologists, psychiatric
social workers conduct an examination to determine whether or not a
patient is suffering from psychiatric disorder.

Practical Ways of Recognizing the Drug Addict

A drug abuser will do everything possible to conceal his habit. To be able


to recognize the outward signs and symptoms, it is equally important to realize
that the drug problems are so complex. Even expert advice not to judge abruptly
an individual taking narcotics drug as it could lead to falsely accusing an innocent
person.

It should also be remembered that a person might have a legitimate


reason for possessing a tablets, syringe and needle (may be a diabetic) having
capsules (they may prescribe by doctor). Having the sniffles and running eyes
may due to head cold or an allergy. Unusual or add behavior may not be
connected in any way with drug use.
24

Based on the lecture of U.S experts doctor of medicine, Forensic chemist at the
London International Police academy usually detect drugs abusers without too
much trouble by means of the following:

1. Presence of drug on the person – which he may try to conceal.

2. Presence of equipment for smoking, drinking or injection of drugs.

3. Presence of hypodermic needle marks or tracks on arms and on


various parts of the body.

4. Drug test on blood and Urinalysis

5. Drug intoxication in the absence of alcoholic smell. It is indicated by:


a. dilation or contraction of the pupils
b. unsteady gait and incoherent speech
c. loose mental processes, drowsiness and itching
d. tendency to laugh at trivial
e. Withdrawal symptoms

6. Nalline test indicates an opiate addict.


- A small dose (3 mg.) of nalline is injected into the body of the
suspect. The size of the pupil of the suspect is measured before
and after the injection. An addict will show appreciable dilation of
the pupil. The drug has practically no effect on non-addicts.

The General Profile of Drug Abusers

The data may help one in understanding drug abusers in the Philippines.
As to: The Profile

Age Mean age of 26 years (since 1996),


27 yrs (1999)
Sex Ratio of male to female remained
12: 1
Civil Status Single (55.78%)
Married (32.58%)
Separated (4.43%)
Family Size Three to four siblings in the family
Occupation Workers/Employees (42.51%)
25

Unemployed (21.75%)
Self-Employed (12.58%)
Students (12.16%)
Out-of-School Youth (3.68%)
Educational Attainment High school level (27.77%)
College level (27.07%)
High School Graduate (22.77%)
Economic Status Average monthly income of P5,290
Place of Residence Urban
Duration of Drug More than two years
Taking
I.Q Average
Nature of Drug Taking Monodrug use
Drugs of Abuse Shabu; Marijuana

Actual Outward Physical Signs/ Symptoms of Drug Abusers:

The actual profile of an abuser of narcotic drugs may show some of the
following manifestations.

1. Admission of the addict himself.


2. Consistently wear long-sleeved shirt or blouses, dark eye-classes unlikely
times to hide dilated or constricted pupils of eyes.
3. Blood spots around elbow areas of blouses shirt or pajamas.
4. Walk, talk and act as if under alcoholic influence.
5. Prolonged period of sleep or lethargy, abnormal sleepless, nervous, jumpy
and talkative.
6. School works deteriorates (grades and home works)

7. Work habits, become slip-shod, too many emotional explosions, loss body
weight., abnormal bowel habits, blood-shot eyes.
8. Sloppy in dress and careless in bodily hygiene, inordinate desire for
consumption of sweets. Unusual odor in the house or room (marijuana,
hash, or incense)
9. Develop defiant or contemptuous attitudes towards authority (Parents,
Teachers, Police, Etc.) constant demand for ever-increasing amount of
money.
10. Takes money from everyone and fails to repay, steel and sells all possible
items of value from home or elsewhere when opportunity comes.
26

11. Receives or makes numerous phone calls to people who are unknown in
the house. Associates only with people who have the reputation for
playing with using drugs.
12. Persistently lies when asked to explain in expected knock on the door.
13. Unrealistic attitudes, having difficult of concentration.

The Personality Profile of a Filipino Drug Abuser


1. They are of average or above average intelligence
2. They are witty and manipulative
3. They have negative attitude, they demonstrate hostile feelings to the world
or to anybody who does not want to conform to what they want.
4. They are emotionally immature, selfish and demanding.
5. They want immediate gratification of needs and desires.
6. They have low frustration tolerance.
7. Their interest and aptitude are on dramatics, persuasive and musical field
in that order.
2. They are depressed and excessively dependent.
3. They are rebellious and have impulsive behavior.
4. They are pleasure seeker and pathologically liars
5. They like to join anti social groups/ delinquent groups.
6. They have difficulty in solving problems.

WORK EXERCISE NO. 1

Name:__________________________________ Rating:____________________
Section:_____________ Date:_______________ Professor:_________________

Multiple Choice. Encircle only the letter which corresponds to the answer of
your best choice.
1. Historians credited that ____________ is the world’s oldest cultivated plant
started by the Incas of Peru.
A. Marijuana
B. Cocaine
C. Opium
D. Heroin
2. Knowledge on the opium poppy plant (Papaver Somniferum) goes back about
7000 years B.C cultivated and prepared by the ______________.
A. Ancient Greek
B. Egyptians
C. Summerians
D. Chinese
27

3. It was in 1806 that a German pharmacist in the name of ______________


discovered Morphine, the first derivative of opium.
A. Alexander the Great
B. Alfred Redl
C. Sir Robert Peel
D. Friedrich W. Serturner
4. In 1953, __________________was enacted which provided for the registration
of collection, and the imposition of fixed and special taxes upon all persons who
produce, import, manufacture, compound, deal-in, dispense, sell, distribute, or
give away opium, marijuana, opium poppies, or coca leaves or any synthetic
drugs which may declared as habit forming. The law also declared as a matter of
national policy, the prohibition of the cultivation of marijuana and opium poppy.
A. Republic Act No. 6425
B. Republic Act No. 953
C. Republic Act No. 9165
D. Republic Act No. 968
5. Refers to the state of psychic or physical dependence or both on dangerous
drugs following the administration or use of that drug. WHO defines it as the
periodic, continuous, repeated administration of a drug.
A. Drug Dependence
B. Psychological Dependence
C. Drug Addiction
D. Physical Dependence
6. As defined, is a chemical substance used as a medicine or in making
medicines, which affects the body and mind and have potential for abuse.
Without an advice or prescription from a physician, drugs can be harmful.
A. Psychotropic Substance
B. Medicine
C. Herbal Drugs
D. Drugs
7. These are drugs requiring written authorization from a doctor to allow a
purchase.
A. Prescriptive Drugs
B. “Self-Medication Syndrome”
C. Over-the-Counter Drugs
D. Regulated Drugs
8. This is the safest most convenient and economical route whenever possible.
A. Oral
B. Inhalation
C. Injection
D. Topical
28

9. The addict becomes nervous and restless when he does not get the drug.
A. Tolerance
B. Psychological Dependence
C. Physical Dependence
D. Withdrawal Syndrome
10. The drug addict feels he can not do without the drug, consequently if he does
not take the drug his mental processes are affected.
A. Tolerance
B. Psychological Dependence
C. Physical Dependence
D. Withdrawal Syndrome

Chapter Two
THE GLOBAL DRUG SITUATION

Overview
This chapter present the various international drug syndicates who
proliferates various kinds of illegal drugs; Drugs that are commonly abused; and
the individual effects of the dangerous drugs that the abuser’s mind would
deteriorate gradually. In other instances, he abruptly loses interest and
motivation in the pursuit of achievement and constructive goals.

Drug abuse has become not only a national issue or a problem of just a
few countries but it is a clear and present global danger.

Today, highly entrenched, well-organized drug syndicates are behind this


menace. They employ the most advanced and most sophisticated technology
coupled with unlimited financial resources at their command and disposal. Police
agencies around the world, pooling their resources together are more often than
not, the losers in a game of hide-and-seek with the international drug syndicates
(Sotto, 1994).

A. The 1st Important Drug Traffic Route


29

Middle East – discovery, plantation, cultivation, harvest

Turkey - preparation for distribution

Europe - manufacture, synthesis, refine

U.S. - Marketing

B. The 2nd Major Drug Traffic Route

A. Drugs that originates from the Golden Triangle

Burma/Myanmar

Laos Thailand

B. Drugs that originates from the Golden Crescent

- Iran
- Afghanistan
- Pakistan
- India
C. World’s Drug Scene

1. Southeast Asia – the “Golden Triangle” approximately produced 60%


of opium in the world, 90% percent of opium in the eastern part of Asia. It is also
the officially acknowledged source of Southeast Asian Heroin.
2. Southwest Asia – the “Golden Crescent” is the major supplier of opium
poppy, MJ and Heroin products in the western part of Asia. It produces at least
85% to 90% of all illicit heroin channeled in the drug underworld market.
3. Middle East – the Becka Valley of Lebanon is the biggest producer of
cannabis in the Middle East. Lebanon is also considered as the transit country for
cocaine from South America to European markets.
4. Spain – major transshipment point for international drug traffickers in
Europe – known as “the paradise of drug users in Europe”.
30

5. South America – Columbia, Peru, Uruguay, and Panama are the


sources of all cocaine supply in the world.
6. Morocco – the number one producer of cannabis in the world. (2003 to
2006)
7. Philippines – the major transshipment point for the worldwide
distribution of illegal drugs such as shabu and cocaine from Taiwan and South
America. The second world’s supplier of MJ and the drug paradise of drug
abusers in Asia.
8. India – center of the world’s drug map, leading to rapid addiction
among its people.
9. Indonesia – Northern Sumatra has traditionally been the main cannabis
growing area in Indonesia. Bali Indonesia is an important transit point for drugs
en route to Australia and New Zealand.
10. Singapore, Malaysia, and Thailand – the most favorable sites of
drug distribution from the “Golden Triangle” and other parts of Asia.
11. China – the transit route for heroin from “Golden Triangle” to H.K.
12. Hong Kong – the world’s transshipment point of all forms of heroin.
13. Japan – the major consumer of cocaine and shabu from U. S. and
Europe.

D. Organized Crime Groups behind the Global Drug Scene

Columbian Medellin Cartel

Founded during the 1980’s by Colombian drug lords in the name of Pablo
Escobar Gaviria and drug bosses Jose Gonzalo Rodriguez Gacha and the top
aid cocaine barons Juan David and the Ochoa Brothers.

The Medellin Cartel is reputedly responsible for organizing world’s drug


trafficking network. The Columbian government succeeded in containing the
Medellin Cartel, which resulted in the death, surrender, and arrest of the people
behind the organization. This further resulted to the disbandment of the Cartel led
to its downfall.

Pablo Escobar Gaviria


31

Cali Cartel

The downfall of the Columbian Medellin Cartel is the rise of the Cali Cartel
- the newly emerged cocaine monopoly. Gilberto Rodriquez Orajuela –Don
Chepe - “the chess player” heads the syndicated organization. Under him, the
Cali cartel was considered the most powerful criminal organization in the world.
The cartel produces over 90% of cocaine in the world. Due to this, it was
called the best and the brightest of the modern underworld. “ They are
professionals of the highest order, intelligent, efficient, imaginative, and nearly
impenetrable” – US - Drug Enforcement Agency.
Gilberto Rodriquez Orajuela –Don Chepe

The Chinese Triad

The Chinese Triad is also called the Chinese Mafia – the oldest and
biggest criminal organization in the world. It is believed to be the controller of the
“Golden Triangle”.
32

Drug Syndicates in the Philippines

The Binondo-based Chinese syndicate has been identified as the nucleus


of the Triad Society, the Bamboo gang based in Taiwan and the 14K based in
Hong Kong. The Bamboo Gang is the influence of the Green Gang of the
Chinese Triad while the 14K is the newest among the triads families established
only in 1947.

The most common “modus operandi” by the syndicates – posing as


fishermen along Philippine seas, particularly, the northern provinces of Luzon
such as La Union, Ilocos, and Pangasinan where they drop their loads of shabu
to shoreline based members. The syndicates are famously involved in marijuana
cultivation and other drug smuggling including drug manufacture.

THE DANGEROUS DRUGS

A. According to Effects

1. Depressants – those that depress the CNS


2. Stimulants – those that stimulate the CNS
3. Hallucinogens – those that distort perception, mind; alter moods

B. According to Medical Pharmacology

1. Depressants
33

2. Narcotics
3. Tranquilizers
4. Stimulants
5. Hallucinogens
6. Solvents/Inhalants

The Depressants (Downers)

These are group of drugs, which suppress vital body functions especially
those of the brain or central nervous system with the resulting impairment of
judgment, hearing, speech and muscular coordination. They dull the minds, slow
down body reactions to such an extent that accidental deaths and/or suicides
usually happen. They include the narcotics, barbiturates, tranquilizers, alcohol
and other volatile solvents. These drugs, when taken in, generally decrease both
the mental and the physical activities of the body. They cause depression, relieve
pain and induce sedation or sleep and suppress cough.

1. Narcotics - are drugs, which relieve pain and produce profound sleep
or stupor. Medically, they are potent painkillers, cough depressants
and as an active component of anti-diarrheal preparations. Opium and
it derivatives like morphine, codeine and heroin, as well as the
synthetic opiates, meperidine and methadone, are classified as
narcotics.

2. Opium – derived from a poppy plant – Papaver somniferum popularly


known as “gum”, “gamot”, “kalamay” or “panocha”.
34

3. Morphine - most commonly used and best used opiate. Effective as a


painkiller six times potent than opium, with a high dependence –
producing potential. Morphine exerts action characterized by
analgesia, drowsiness, mood changes, and mental clouding.
35

4. Heroin – is three to five times more powerful than morphine from


which it is derived and the most addicting opium derivative. With
continued use, addiction occurs within 14 days. It may be sniffed on
swallowed but is usually injected in the veins.

2. Codeine – a derivative of morphine, commonly available in cough


preparations. These cough medicines have been widely abused by the
36

young whenever hard narcotics are difficult to obtain. Withdrawal


symptoms are less severe than other drugs.

3. Paregoric – a tincture of opium in combination with camphor.


Commonly used as a household remedy for diarrhea and abdominal
pain.

4. Demerol and Methadone – common synthetic drugs with morphine –


like effects. Demerol is widely used as a painkiller in childbirth while
methadone is the drug of choice in the withdrawal treatment of heroin
dependents since it relieves the physical craving for heroin.
5. Barbiturates – are drugs used for inducing sleep in persons plagued
with anxiety, mental stress, and insomnia. They are also of value in the
treatment of epilepsy and hypertension. They are available in
capsules, pills or tablets, and taken orally or injected.
6. Seconal – commonly used among hospitality girls. Sudden withdrawal
from these drugs is even more dangerous than opiate withdrawal. The
dependent develops generalized convulsions and delirium, which are
frequently associated with heart and respiratory failure.
7. Tranquilizers – are drugs that calm and relax and diminish anxiety.
They are used in the treatment of nervous states and some mental
disorders without producing sleep.
8. Volatile Solvents – gaseous substances popularly known to abusers
as “gas”, “teardrops”. Examples are plastic glues, hair spray, finger nail
polish, lighter fluid, rugby, paint, thinner, acetone, turpentine gasoline,
kerosene, varnishes and other aerosol products. They are inhaled by
the use plastic bags, handkerchief or rags soaked in these chemicals.
9. Alcohol – the king of all drugs with potential for abuse. Most widely
used, socially accepted and most extensively legalized drug
throughout the world. In the field of medicine, it is “valuable” as
37

disinfectant, as an external remedy for reducing high fever among


children, and as preservative and solvent for pharmaceutical
preparations like elixirs, spirits and tincture.

The Stimulants (Uppers)

They produce effects opposite to that of depressants. Instead of bringing


about relaxation and sleep, they produce increased mental alertness,
wakefulness, reduce hunger, and provide a feeling of well being. Their medical
users include narcolepsy – a condition characterized by an overwhelming desire
to sleep. Abrupt withdrawal of the drug from the heavy abuser can result in a
deep and suicidal depression.

1. Amphetamines – used medically for weight reducing in obesity, relief


of mild depression and treatment
2. Cocaine – taken orally, injected or sniffed as to achieve euphoria or an
intense feeling of “highness”.
38

3. Caffeine – it is present in coffee, tea, chocolate, cola drinks, and some


wake-up pills.
2. Shabu/ “poor man’s cocaine” – chemically known as
methamphetamine. It is a central nervous system stimulant and
sometimes called “upper” or “speed”. It is white, colorless crystal or
crystalline powder with a bitter numbing taste. It can be taken orally,
inhaled (snorted), sniffed (chasing the dragon) or injected.

3. Nicotine – an active component in tobacco, which acts as a powerful


stimulant of the central nervous system. A drop of pure nicotine can
easily kill a person.
The Hallucinogens (Psychedelic)

Consists of a variety of mind-altering drugs, which distort reality, thinking


and perceptions of time, sound, space and sensation. The user experiences
hallucination (false perception), which at times can be strange. His “trips” may be
exhilarating or terrifying good or bad. They may dislocate his consciousness and
change his mood, thinking and concept of self.
39

1. Marijuana – It is the most commonly abused hallucinogen in the


Philippines because it can be grown extensively in the country. Many
users choose to smoke marijuana for relaxation in the same way
people drink beer or cocktail at the end of the day. The effects of
marijuana include a feeling of grandeur. It can also produce the
opposite effect, a dreamy sensation of time seeming to stretch out.

2. Lysergic Acid Diethylamide (LSD) – This drug is the most powerful


of the psychedelics obtained from ergot, a fungus that attacks rye
kernels. LSD is 1, 000 times more powerful than marijuana as supply,
large enough for a trip can be taken from the glue on the flab of an
envelope, from the paste of a postage stamp, or from the hidden areas
inside one’s clothes. LSD causes perceptual changes so that the user
sees colors, shapes, or objects more intensely than normal and may
have hallucinations of things that are not real. To him real objects
seem to change, buildings seem to be crackling open, and walls
pulsating. He experiences frequent bizarre hallucinations, loss spatial
perceptions, personality diffusion and changes in values. Usually,
users perceive distortion of time, colors, sounds and depth. They
experience “scent” music and sounds in “colors”.
40

3. Peyote – Peyote is derived from the surface part of a small gray brown
cactus. Peyote emits a nauseating odor and its user suffers from
nausea. This drug causes no physical dependence and, therefore, no
withdrawal symptoms, although in some cases psychological
dependence has been noted.
4. Mescaline – It is the alkaloid hallucinogen extracted from the peyote
cactus and can also be synthesized in the laboratory. It produces less
nausea than peyote and shows effects resembling those of LSD
although milder in nature. One to two hours after the drug is taken in a
liquid or powder form, delusions begin to occur. Optical hallucinations
follow one upon another in rapid succession. These are accompanied
by imperfect coordination and perception with a sensation of impeded
motion, and a marked sense that time is still standing. Mescaline does
not cause physical dependence.
41

5. STP – It is a take-off on the motor oil additive. It is a chemical


derivative of mescaline claimed to produce more violent and longer
effects than mescaline dose. Its effects are similar to the nerve gas
used in chemical warfare. It is less potent than LSD although its effects
are similar to those of psychedelics.
6. Psilocybin – This hallucinogenic alkaloid from small Mexican
mushrooms are used by Mexican Indians today. These mushrooms
induced nausea, muscular relaxation, mood changes with visions of
bright colors and shapes, and other hallucinations. These effects may
last for four to five hours and later may be followed by depressions,
laziness, and complete loss of time and space perceptions.
7. Morning Glory Seeds – The black and brown seeds of the wild
tropical morning glory that are used to produce hallucinations. The
seeds are ground into flour, soaked in cold water, then strained though
a cloth and drunk. They are sold under the names of “heavenly blues”,
“flying dancers’, and “pearly gates”. The active ingredient in the seed is
similar to LSD although less potent. The reactions are likened to those
resulting from LSD. Prolonged psychosis is also one of its effects.

COMMONLY ABUSED DRUGS

Drugs that are commonly abused depending on their pharmacological


effects may be classified into:

1. Sedatives – drugs which reduce anxiety and excitement such as


barbiturates, non-barbiturates, tranquilizers and alcohol.
42

2. Stimulants – drugs which increase alertness and activity such as


amphetamines, cocaine and caffeine.
3. Hallucinogens/Psychedelics – drugs which affect sensation, thinking,
self-awareness and emotion. Changes in time and space perception, delusions
(false beliefs) and hallucinations) may be mild or overwhelming, dispensing on
dose and quality of the drug. This includes LSD, mescaline and marijuana.
4. Narcotics – drugs that relieve pain and often induce sleep. The
opiates, which are narcotics, include opium and drugs derived from opium, such
as morphine, codeine and heroin.

THE EFFECTS OF DRUG ABUSE

1. PHYSICAL EFFECTS

a. Malnutrition – The life of an addict revolves around drug use. He


misses even his regular meals. He losses appetite and eventually
develops malnutrition. Likewise, the drug dependent who has tried on
his own to withdraw may suffer from severe gastrointestinal
disturbance that results to severe dehydration.

b. Skin Infections and Skin Rashes - Oftentimes the drug abuser


neglects his personal hygiene, uses unsterilized needles and syringes
that result in skin infections or even ulceration at the sites of the needle
puncture. Skin rashes may even occur as a side effect or sensitivity
reaction to certain drugs of abuse.

Infectious diseases, such as tuberculosis, bronchitis, bronchial


asthma, viral hepatitis, sequelae of drug abuse. Marijuana smoking can
produce physical conditions like chronic bronchitis and asthma. Physically
ill persons, like a tuberculosis individual who has suffered so much from
his illness may resort to drug taking as a temporary measure for relief. A
drug abuser, because of his use of unsterilized paraphernalia, tends to
43

develop lowered resistance and becomes susceptible to various


infections, among them are viral hepatitis, and HIV infections/AIDS.

An individual suffering from arthritis or terminal cancer who


experiences acute, unbearable pains and insomnia is likely to become a
drug dependent to opiates or sedatives.

2. PSYCHOLOGICAL EFFECTS

a. Deterioration of personality with impaired emotional maturation.


b. Impairment of adequate mental function.
c. Loss of drive and ambition.
d. Development of psychosis and depression.
e. Loss of interest to study.
f. Laziness, lethargy, boredom and restlessness.
g. Irritability, rebellious attitude.
h. Withdrawn forgetfulness.

3. SOCIAL EFFECTS

a. Deterioration of interpersonal relationship and development of


conflict with authority.
b. Leads to crime.
c. Social maladjustment; loss of desire to work, study and participate
in activities or to face challenges.

4. MENTAL EFFECTS

a. Adverse effect on the central nervous system. Regular use or


injection of large doses of a substance reduces the activity of the
brain and depresses the central nervous system. The drug
dependent then manifests changes in his mind and behavior that
are undesirable by people in his environment.
b. Deterioration of the mind.

The dependent is a “mental invalid” in the sense that drugs can


manipulate him, make him lose his power, and prod him to behave contrary to
what he usually think is right. These drugs are essentially reality modifiers, which
create a masked sense of well being by either dulling or distorting sensory
perceptions and providing a temporary means of escape from personal
44

difficulties, either real or imaginary. They can reduce or accelerate activity to


create indifference, depressive mood, or carelessness.

As a result, the abuser’s mind deteriorates gradually. In other instances,


he abruptly loses interest and motivation in the pursuit of achievement and
constructive goals.

Instead of providing him relaxation and escape from discomfort, drug,


alcohol and tranquilizers may blur his attempts to come to terms with reality. His
character becomes weak and inadequate in coping with his problems.

5. ECONOMIC EFFECTS

a. Inability to hold stable job.

It is impossible for a drug abuser to hold a steady job since he spends


all his time and money on drugs. If he does not have a regular job, he and his
friends steal to raise money. If he has one, he would be unable to concentrate
since he would be either over-stimulated or lazy and drowsy.

b. Dependence on family resources.

Instead of contributing to the economic stability of the family, a


dependent becomes an economic burden. Besides depending on the
family for his basic necessities, he also has to rely on the family resources
to provide him money for the support of his expensive habit.

c. Accidents in industry.

In a state of agitation or dullness of the mind as a result of the drug


he has taken, the dependent becomes careless and loses concentration
on his job. Consequently, an accident may occur which may adversely
affect both drug abuser and his co-workers.

SYMPTOMS OF ABUSE ON THE DANGEROUS DRUGS

COMMON EFFECTS/SYMPTOMS OF DRUG ABUSE

Effects Downers Uppers Psychedelics


(depressants) (stimulants) (hallucinogens)
45

Changes in the Pupils constricted Dilated Marijuana – no


eyes change in pupils
but the
conjunctivae are
red because of
dilation of the
vessels of the
eyes. Other
hallucinogens –
pupils are dilated.
Locomotive Decrease Increase None
changes

Speech Under-productive, Talkative, None


Under-talkative Loquacious with
flight of ideas
Hallucination None None Present usually in
visual field
Delusion None Usually Sometimes
encountered encountered
Vital signs i.e. Low High Usually no change
temperature,
blood pressure,
pulse rate,
respiratory rate

1. DEPRESSANTS

a. Narcotics

1. lethargy, drowsiness
2. pupils are constricted and fail to respond to light
3. inhaling heroin in powder form leaves traces of white powder
around nostrils causing redness
4. injecting heroin leaves scars, usually on the inner surface of the
arms and elbows although user may inject drug in the body where
needle marks will not be seen readily
5. user often leaves syringes, bent spoons, bottle caps, eye droppers,
cotton and needles in lockers at school or hidden at home
6. user scratches self frequently
46

7. loss if appetite
8. sniffles, running nose, red watery eyes, coughing which disappears
when user gets a “fix”

b. Barbiturates/Tranquilizers

1. symptoms of alcohol intoxication without odor or alcohol on breath


2. staggering or stumbling
3. falling asleep unexplainably
4. drowsiness, may appear disoriented
5. lack of interest in school and family activities

c. Volatile Solvents

1. odor of substance on breath and clothes


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

2. STIMULANTS

a. Amphetamines/Cocaine/Speed/Bunnies/Ups

1. pupils may be dilated


2. mouth and nose dry, bad breath; licks lips frequently
3. goes long periods without eating or sleeping; nervous; has difficulty
sitting still
4. chain smoking
5. if injecting drug, user may have hidden eye droppers and needles
among possessions

b. Shabu

1. produces elevations of mood, heightened alertness and increased


energy
2. some individuals may become anxious, irritable or loquacious
3. causes decreased appetite and insomnia
47

3. HALLUCINOGENS

a. Marijuana

1. may appear animated with rapid, loud talking and bursts of laughter
2. sleepy or stuporous
3. pupils are dilated
4. odor(similar to burnt rope) on clothing or breath
5. remnants of marijuana, either loose or in partially smoked “joints” in
clothing or possessions

b. LSD/STP/DMT/THC

1. user usually sits or reclines quietly in a dream or trance – like state


2. user may become fearful and experience a degree of terror which
makes him attempt to escape from his group
3. senses of sight, hearing, touch, body image and time are distorted
4. mood and behavior are affected, the manner depending upon
emotional and environmental condition of the user

INDIVIDUAL EFFECTS OF THE DANGEROUS DRUGS

1. DEPRESSANTS

a. Death due to respiratory arrest.


b. In large doses can cause respiratory depression and coma, the
combination of depressants and alcohol can multiply the effect of the
drugs, thereby multiplying the risks.
c. Babies born to mothers who abuse depressants during pregnancy may be
physically dependent on the drug and show withdrawal symptom shortly
after they are born. Birth defects and behavioral problems may also result.

2. STIMULANTS

a. Death due to infections, high blood pressures.


b. Extremely high doses can cause a rapid or irregular heartbeat, tremors,
loss of coordination, and even physical collapse.

Shabu
48

a. Overdosage leads to chest pains, hypertension, acute psychotic


reaction, convulsions and death due to cardiac arrest
b. Due to the appetite suppressing effects of shabu, pregnant mother
may become malnourished. This may affect the nutritional needs of
the baby.
c. Babies born to shabu-using women show sever emotional
disturbances.

3. HALLUCINOGENS

Marijuana

a. Can lead to serious mental changes (psychoses) like insanity, suicidal


and/or homicidal tendencies
b. Poor impulse control.
c. Damage to chromosomes, hence, affecting potentially the offspring.

Effects On The Body

a. Brain – impairs skills for driving cars and operating machinery,


interferes with memory, and intellect.
b. Eyes – lowers pressure inside eye ball
c. Heart – raises heart rate, potentially hazardous to heart patients
d. Lungs – impairs lung functions
e. Reproductive Organ – decreases sex hormones and sperm
production in males
f. Immune System – impairs immunity of the body against infection and
cancer.
WORK EXERCISE NO. 2

Name:__________________________________ Rating:____________________
Section:_____________ Date:_______________ Professor:_________________

Multiple Choice. Encircle only the letter which corresponds to the answer of
your best choice.
1. Major transshipment point for international drug traffickers in Europe – known
as “the paradise of drug users in Europe”.
A. Philippines
B. Spain
C. Thailand
49

D. Morocco
2. Founded during the 1980’s by Colombian drug lords in the name of Pablo
Escobar Gaviria and drug bosses Jose Gonzalo Rodriguez Gacha and the top
aid cocaine barons Juan David and the Ochoa Brothers.
A. Cali Cartel
B. The Chinese Triad
C. Columbian Medellin Cartel
D. Japanese Yakuza
3. These are group of drugs, which suppress vital body functions especially those
of the brain or central nervous system with the resulting impairment of judgment,
hearing, speech and muscular coordination.
A. The Depressants (Downers)
B. The Hallucinogens (Psychedelic)
C. The Stimulants (Uppers)
D. Narcotics
4. They produce effects opposite to that of depressants. Instead of bringing about
relaxation and sleep, they produce increased mental alertness, wakefulness,
reduce hunger, and provide a feeling of well being.
A. The Depressants (Downers)
B. The Hallucinogens (Psychedelic)
C. The Stimulants (Uppers)
D. Narcotics
5. Are drugs, which relieve pain and produce profound sleep or stupor. Medically,
they are potent painkillers, cough depressants and as an active component of
anti-diarrheal preparations.
A. The Depressants (Downers)
B. The Hallucinogens (Psychedelic)
C. The Stimulants (Uppers)
D. Narcotics
6. Derived from a poppy plant – Papaver somniferum popularly known as “gum”,
“gamot”, “kalamay” or “panocha”.
A. Codeine
B. Morphine
C. Heroin
D. Opium
7. Are drugs used for inducing sleep in persons plagued with anxiety, mental
stress, and insomnia.
A. Barbiturates
B. Volatile Solvents
C. Tranquilizers
D. Alcohol
50

8. Chemically known as methamphetamine. It is a central nervous system


stimulant and sometimes called “upper” or “speed”.
A. Shabu/ “poor man’s cocaine”
B. Amphetamines
C. Caffeine
D. Nicotine
9. It is the most commonly abused hallucinogen in the Philippines because it can
be grown extensively in the country.
A. Mescaline
B. Marijuana
C. Peyote
D. Lysergic Acid Diethylamide (LSD)
10. Drugs that relieve pain and often induce sleep. The opiates, which are
narcotics, include opium and drugs derived from opium, such as morphine,
codeine and heroin.
A. The Depressants (Downers)
B. The Hallucinogens (Psychedelic)
C. The Stimulants (Uppers)
D. Narcotics

Chapter Three

APPROACHES TO THE DRUG PROBLEM

Overview
This chapter presents the nature and extent of drug abuse and misuse
among the youth that constitutes one of the gravest health problems facing the
nation and the world today. Public concern about drug abuse is focused not only
on drugs that can be abused but also on the individual who misuses them.

Today, there are many measures undertaken by both the private and the
government sectors in the fight against drug abuse as a disease of society. This
includes the major approaches as follows:

A. The Law Enforcement Approach


51

B. The Treatment and Rehabilitation Approach


C. The Educational Approach
D. 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).

Ex. MMDA – Methylenedioxymethamphetamine (Ecstacy),


Tetrahydrocannabinol (MJ); Mescaline (Peyote)

What are the 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 Psychotrophic 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.

NOTE:
52

Under RA 6425 (Dangerous Drugs Act of 1972), Dangerous drugs refers


to the Prohibited drugs, Regulated drugs and Volatile substances.
Prohibited Drugs – ex. Opium and its derivatives, Cocaine and its
derivatives, Hallucinogen drugs like MJ, LSD, and Mescaline
Regulated drugs – ex. Barbiturates, Amphetamines, Tranquillizers
Volatile Substances – ex. rugby, paints, thinner, glue, gasoline

Table 8. What are the Unlawful Acts and Penalties?

Unlawful Acts Penalty


Importation of Dangerous drugs and/or Life Imprisonment to Death
Controlled Precursors and Essential Chemicals and a fine ranging from P500,
(sec. 4) 000 to P10 Million
Sale, Trading, Administration, Dispensation, Life Imprisonment to Death
Delivery, Distribution and transportation of and a fine ranging from P500,
Dangerous Drugs and/or Controlled Precursors 000 to P10 Million
and Essential Chemicals (sec. 5)
Maintenance of a Den, Dive or Resort where Life Imprisonment to Death
dangerous drugs are used or sold in any form and a fine ranging from P500,
(sec. 6) 000 to P10 Million
Being an employee or visitor of a den, dive or Imprisonment ranging from 12
resort (sec. 7) yrs and 1 day to 20 yrs and a
fine ranging from P100, 000 to
P500, 000.
Manufacture of dangerous Drugs and/or Life Imprisonment to Death
Controlled Precursors and Essential Chemicals and a fine ranging from P500,
(sec. 8) 000 to P10 Million
Illegal Chemical Diversion of Controlled Imprisonment ranging from 12
Precursors and Essential Chemicals (sec. 9) yrs and 1 day to 20 yrs and a
fine ranging from P100, 000 to
P500, 000.
Manufacture or Delivery of Equipment, Imprisonment ranging from 12
Instrument, Apparatus and other Paraphernalia yrs and 1 day to 20 yrs and a
for Dangerous Drugs and/or Controlled fine ranging from P100, 000 to
Precursors and Essential Chemicals (sec. 10) P500, 000.

Possession of Dangerous Drugs Life Imprisonment to Death


(sec. 11) and a fine ranging from P500,
000 to P10 Million
53

Possession of Equipment, Instrument, Imprisonment ranging from 6


Apparatus and other Paraphernalia for mos and 1 day to 4 yrs and a
Dangerous Drugs fine ranging from P10, 000 to
(sec. 12) P50, 000
Possession of dangerous Drugs during Parties, The maximum penalties
Social Gatherings or Meetings (sec. 13), and provided for Sec. 11.
Possession of Equipment, Instrument,
Apparatus and other Paraphernalia for
Dangerous Drugs during Parties, Social
Gatherings or Meetings (sec. 14)
Use of Dangerous Drugs (sec. 15) Minimum 6 mos rehabilitation
(1st offense),
Imprisonment ranging from 6
yrs and 1 day to 12 yrs and a
fine ranging from P50,000 to
P200, 000 (2nd Offense)

NOTE:

Section 15 shall not be applicable where the person tested is also found to
have in his/her possession such quantity of any dangerous drug provided in
sec.11, in which case the penalty provided in sec. 11 shall apply.

Cultivation of Plants classified as dangerous Life Imprisonment to Death and


drugs or are sources thereof (sec. 16) a fine ranging from P500, 000 to
P10 Million
Failure to comply with the maintenance and Imprisonment ranging from 1 yr
keeping of the original records of transaction and 1 day to 6 yrs and a fine
on any dangerous drugs and/or controlled ranging from P10, 000 to P50,
precursors and Essential Chemicals on the 000
part of practioners, manufacturers, Plus revocation of license to
wholesalers, importers, distributors, dealers, practice profession.
or retailers (sec. 17)
Unnecessary Prescription of Dangerous Imprisonment ranging from 12
Drugs (sec. 18) yrs and 1 day to 20 yrs and a
fine ranging from P100, 000 to
P500, 000.
Plus revocation of license to
practice profession
54

Unlawful Prescription of Dangerous Drugs Life imprisonment to Death and


(sec.19) a fine ranging from P500, 000 to
10 Million pesos
NOTE:

The Possession of Dangerous drugs in the following quantities, regardless


of degree of purity: 10 grams or more of opium; morphine; heroin; cocaine; MJ
resin; 10 grams or more of MMDA, LSD and similar dangerous drugs; 50 grams
or more of “shabu”/ Methamphetamine Hydrochloride; 500 grams or more of
Marijuana.

If the quantity involved is less than the foregoing, the penalties shall be
graduated as follows:

1. Life imprisonment and a fine ranging from P400, 000 to P500, 000 if
“shabu” is 10 grams or more but less than 50 grams;

2. Imprisonment of 20 yrs and 1 day to Life imprisonment and a fine


ranging from P400, 000 to P500, 000 if the quantities of dangerous drugs are 5
grams or more but less than 10 grams of opium, morphine, heroin, cocaine, mj
resin, shabu, MMDA, and 300 grams or more but less than 500 grams of
marijuana

3. Imprisonment of 12 yrs and 1 day to 20 yrs and a fine ranging from


P300, 000 to P400, 000 if the quantities of dangerous drugs are less than 5
grams of opium, morphine, heroin, cocaine, mj resin, shabu, MMDA, and less
than 300 grams of marijuana.

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).
55

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


runners, couriers and messengers or in any other capacity directly
connected to the dangerous drug 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, delivered or sold to a minor who is
allowed to use the same in such a place (sec 6, Art II).
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, Instrument, 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:
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/Chaiman 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. 81, Art IX)
56

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.
57

Other Features of R.A 9165

1. In the revised law, importation of any illegal drug, regardless of quantity


and purity or 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.
 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 as 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.

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 privilege provisions of the Probation Law (P.D.
968).
58

(sec.58, Art VIII) Filing of charges against a drug dependent for 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 refuses 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 Operational 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 drug
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.
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 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 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 conducted to neutralize the 14k, the Bamboo
gang and other local organized crimes groups involved in illegal drug
trafficking.
59

12. Oplan Cyclops – operations against Chinese triad members 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, Phil. 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 for 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 3, 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
60

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, 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.
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 barangay officials
61

WORK EXERCISE NO. 3

Name:__________________________________ Rating:____________________
Section:_____________ Date:_______________ Professor:_________________

Multiple Choice. Encircle only the letter which corresponds to the answer of
your best choice.
1. This is known as COMPREHENSIVE DANGEROUS DRUGS ACT OF 2002
(Approved on June 7, 2002 - Effective July 4, 2002).
A. R.A. 6425
B. R.A. 8551
C. R.A. 9165
D. R.A. 6975
2. Under ______________ (Dangerous Drugs Act of 1972), Dangerous drugs
refers to the Prohibited drugs, Regulated drugs and Volatile substances.
A. R.A. 6425
B. R.A. 8551
C. R.A. 9165
D. R.A. 6975
62

3. The __________________is the policy-making body and strategy-making


body in the planning and formulation of policies and programs on drug prevention
and control.
A. Dangerous Drugs Board
B. National Bureau of Investigation
C. Philippine Drug Enforcement Agency
D. Philippine National Police
4. The following are powers and duties of the DDB except;
A. Formulation of Drug Prevention and Control Strategy
B. Conduct policy studies and researches
C. Conduct continuing seminars and consultations
D. Maintain a national drug intelligence system
5. 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.
A. Dangerous Drugs Board
B. National Bureau of Investigation
C. Philippine Drug Enforcement Agency
D. Philippine National Police
6. The following are the powers and duties of the PDEA except;
A. Formulation of Drug Prevention and Control Strategy
B. Filing of appropriate drug cases
C. Conduct eradication programs
D. Maintain a national drug intelligence system
7. Are the operations to neutralize suspected illegal drug laboratories.
A. Oplan Thunderbolt I
B. Oplan Thunderbolt III
C. Oplan Thunderbolt II
D. Oplan Iceberg
8. Operations against suspected military and police personnel who are engage in
illegal drug activities.
A. Oplan Hunter
B. Oplan Tornado
C. Oplan Mercurion
D. Oplan Greengold
9. A civic program initiated by NGO’s and local government offices to help
eradicate drug syndicates involving street children as drug conduit.
A. Oplan Cyclops
B. Oplan Banat
C. Oplan Athena
D. Oplan Sagip-Yagit
63

10. Operations against Chinese triad members involved in the illegal drug
operations particularly Methamphetamine Hydrocloride.
A. Oplan Cyclops
B. Oplan Banat
C. Oplan Athena
D. Oplan Sagip-Yagit

Chapter Four

RULES ON NARCOTICS OPERATIONS


Overview
This chapter presents the most effective way of investigative technique or
combination of two or more or all techniques under a given situation and setting
that shall be determined by considering the magnitude of drug law violations.

General Rules and Procedures:

1. Only specially trained and competent drug enforcement personnel


shall conduct drug enforcement and prevention operations.
2. All drug enforcement and prevention operations shall be covered by a
Pre-Operations report.
3. All steps taken before, during, and after the conduct of the operation
must be documented and properly authenticated.
4. Operating units shall promptly submit written a report after the
operation.
5. No apprehendee or seized item shall be released without authorization
from the duly designated authority.
64

6. All pieces of evidence confiscated will be deposited with the proper


Evidence Custodian for safekeeping and proper handling.
7. Each participating element must be given clear and do-able task.
Coverage of the Rules

1. Coverage: The rules covers the following anti-narcotics operations.

a. Buy-bust Operations
b. Search with warrant
c. MJ Eradication
d. Mobile Check point Operations
e. Airport/Seaport Interdiction
f. Controlled delivery
g. Undercover Operations
h. Narcotics Investigation

2. Stages of Operations:

Phase I – Initial stage

 Planning and preparations which include surveillance,


casing, reconnaissance and other preliminary activities.
 Conduct the operation

Phase II – Action and post-action stage

 Tactical interrogation (follow-up operation)


 Post operation
 Custodial Investigation
 Prosecution
 Trial
 Resolution

Buy-Bust Operations

a. Concept: It is a form of entrapment employed by peace officers as an


effective way of apprehending a criminal in the act of the commission of
the offense. Entrapment has received judicial sanction as long as it is
carried with due regard to constitutional and legal safeguards.
65

b. Planning and Preparation: The operation must be preceded by an


intensive surveillance, casing, or other intelligence operations and
gathering, evaluation and timely dissemination. Intelligence must be
evidence-based and shall be supported by documents such as summaries
of info, maps, sketches, affidavits and sworn statements.

Search For Drug Evidence with Warrant

a. Concept: A search warrant is an order in writing issued in the name of the


People of the Philippines, signed by a judge and directed to a peace
officer, commanding him to search for personal property described therein
and bring it before the court. (Sec. 1, Rule 126, Revised Rules of Court)

b. Planning and Preparation:


1. Prior to the procurement of search warrant, intensive intelligence
data gathering must be undertaken, evidence-based and supported
by credible documents.
2. Conduct of surveillance, casing, and other intelligence operations.
3. Identification, movement, activities and location of suspects should
be established.
4. Search warrant shall be applied with competent court
5. Conduct of Operation
6. Submission of reports

Marijuana Eradication

a. Concept: Marijuana eradication involves the location and destruction of


marijuana plantations, including the identification, arrest and prosecution
of the planter, owner or cultivator, and the escheating of the land where
the plantations are located.

b. Planning and Preparation: The planning and operation shall be


preceded by intelligence gathering to verify the existence of marijuana
plantation and the existence to be supported by documentary evidence
such as summary of information, maps, sketches, photographs and
others. The intelligence gathering must be appropriately documented by
pre-operations orders and after-casing reports.

c. Conduct of Operation:

1. Briefing, rehearsals, and proper formations.


66

2. Exact location of the plantation must be established.


3. Identify owner of the land or the cultivators.
4. Coordination with other operating units in the area.
5. Barangay eradication team should be organized.
6. Strict compliance with SOPs under Rules of Opns.

Mobile Checkpoint Operations

a. Concept: No other forms of checkpoints other than mobile checkpoints


are authorized for drug enforcement and prevention operations. They shall
be established only in conjunction with on-going operations/situation or
when there is a need to arrest a criminal.

b. Planning and Operation: Intensive intelligence gathering supported by


credible documents, with proper pre-operations orders and after
surveillance or after casing reports.

c. Conduct of Operations shall be in consonance with the existing SOPs on


checkpoint operations.
Airport and Seaport Interdiction

a. Concept: Airport and seaport interdiction involves the conduct of


surveillance, interception and interdiction of persons and evidence during
travel by air or sea vessels.

b. Planning and Operation: Intensive intelligence gathering supported by


credible documents, with proper pre-operations orders and after
surveillance or after casing reports.

c. Conduct of Operations

1. Coordination with airport and seaport authorities.


2. Operations shall be in consonance with the existing SOPs on
airport and seaport checks/operations.

Controlled Delivery

a. Concept: This is the technique of allowing illicit or suspect consignment


of narcotic drugs, psychotropic substances or substances substituted for
them to pass out of, through or into the territory of one or more countries,
with the knowledge and under the supervision of their competent
67

authorities with a view to identifying persons involved in the commission of


drug related offenses. International cooperation in facilitating the
controlled delivery of illicit drugs is considered the most effective means to
neutralize transnational criminal syndicates.

b. Planning and Operation: Intensive intelligence gathering and evaluation


to determine the applicability of controlled delivery operations. It must be
supported by credible documents, with proper pre-operations orders and
after surveillance or after casing reports. A committee or board shall be
constituted to study the project proposal for the suitable employment of a
controlled delivery operation.

c. Conduct of Operations

1. Proper formation for accounting of personnel


2. Coordination with airport, seaport and other travel agency
authorities.
3. Operations shall be in consonance with the existing SOPs on
controlled delivery operations.

Undercover Operations

a. Concept: Undercover operation is an investigative technique in which the


personnel involve assumes different identities in order to obtain the
necessary information. This technique may also be considered as a
method of surveillance.

b. Planning and Operation: Undercover operations shall be resorted to only


under circumstances where evidence can be hardly obtained in an open
investigation or when an open investigation is unsuccessful.

c. Conduct of Operations

1. Proper briefing and rehearsals.


2. Identification of effective cover and undercover.
3. Buy-bust or search with warrant operations.
4. Operations shall be in consonance with the existing SOPs on
Undercover operations.

Narcotic Investigation
68

a. Concept: Narcotic investigation is a necessary tool employed by drug


enforcement agencies in building up relevant and competent evidence,
which are vital in the development of a drug case. Several investigative
techniques may be utilized for the successful attainment of the operation.
This include but not limited to use of informants, interviewing,
interrogation, surveillance operations and undercover operations.

b. Planning and Operation: The most effective way of investigative


technique or combination of two or more or all techniques under a given
situation and setting that shall be determined by considering the
magnitude of drug law violations.

c. The conduct of investigation shall follow the basic steps in criminal


investigation and detection. The application of the following:

1. Initial Investigation
2. Tactical Investigation (Follow-up)
3. Post Operations
4. Custodial Investigations
5. After Investigation and Inquest

d. Prosecution and filing of the case


e. Trial of the case
69

WORK EXERCISE NO. 4

Name:__________________________________ Rating:____________________
Section:_____________ Date:_______________ Professor:_________________

A. Multiple Choice. Encircle only the letter which corresponds to the answer of
your best choice.

1. It is a form of entrapment employed by peace officers as an effective way of


apprehending a criminal in the act of the commission of the offense.
A. Buy-Bust Operations
B. Marijuana Eradication
C. Search For Drug Evidence with Warrant
D. Mobile Checkpoint Operations
2. Involves the conduct of surveillance, interception and interdiction of persons
and evidence during travel by air or sea vessels.
A. Narcotic Investigation
B. Undercover Operations
C. Controlled Delivery
D. Airport and Seaport Interdiction
3. Is an investigative technique in which the personnel involve assumes different
identities in order to obtain the necessary information. This technique may also
be considered as a method of surveillance.
A. Narcotic Investigation
B. Undercover Operations
C. Controlled Delivery
70

D. Airport and Seaport Interdiction


4. Involves the location and destruction of marijuana plantations, including the
identification, arrest and prosecution of the planter, owner or cultivator, and the
escheating of the land where the plantations are located.
A. Buy-Bust Operations
B. Marijuana Eradication
C. Search For Drug Evidence with Warrant
D. Mobile Checkpoint Operations
5.They shall be established only in conjunction with on-going operations/situation
or when there is a need to arrest a criminal.
A. Buy-Bust Operations
B. Marijuana Eradication
C. Search For Drug Evidence with Warrant
D. Mobile Checkpoint Operations
B. Choose one from among the listed concepts below that adequately
corresponds to and completes respectively, the meaning of the following
phrases.

1. The Comprehensive Dangerous Drugs Act of 2002 __________________


2. The Dangerous Drugs Act of 1972 ________________________
3. Is a necessary tool employed by drug enforcement agencies in building up
relevant and competent evidence, which are vital in the development of a drug
case ________________
4. This technique may also be considered as a method of surveillance
______________________
5. Entrapment has received judicial sanction as long as it is carried with due
regard to constitutional and legal safeguards ________________________

CONCEPTS
Buy-Bust Operations Narcotic Investigation
Undercover Operations Republic Act No. 9165
Republic Act No. 6425
71

Chapter Five

THE TREATMENT AND REHABILTITATION APPROACH


Overview
This chapter presents the treatment and rehabilitative approach as the
dynamic process directed towards the physical, emotional/psychological,
vocational, social and spiritual change to prepare a person for the fullest life
compatible with his capabilities and potentialities, and render him able to become
a law abiding and productive member of the community without abusing drugs.

A. Assisting the Drug Abuser

1. Treatment - the medical service rendered to a client for the effective


management of physical and mental conditions related to drug abuse.

Aims of treatment

a. To prevent death from overdose.


b. To treat complications following drug dependency.
c. To make them comfortable during the withdrawal period.
d. To encourage confirmed drug dependent clients to undergo
rehabilitation and other specialized services.

Detoxification - it is a medically supervised elimination of drugs from the


system of any addicted person.

Methods of Detoxification includes:


72

1. Cold Turkey
2. Substitution – the use of methodex, catapres, haemasin,
dextropropoxyphene, tranquilizer, etc.
3. Reduction Method – using the same drug to which the patient is
dependent. The process could be gradual or rapid.
4. Acupuncture

2. Rehabilitation - the dynamic process directed towards the physical,


emotional/psychological, vocational, social and spiritual change to prepare a
person for the fullest life compatible with his capabilities and potentialities, and
render him able to become a law abiding and productive member of the
community without abusing drugs.
Objectives:

To restore an individual to a state where he is physically,


psychologically and socially capable of coping with the same problems as
others of his age group and able to avail of the opportunity to live a happy,
useful and productive life without abusing drugs.

Modalities:

a. Multi-disciplinary Team Approach


b. Therapeutic Community Approach
c. Primal Scream Therapy
d. Spiritual Approach
e. Eclectic Approach
f. The 12 Steps of AA/NA

Methods of Rehabilitation

1. Psychotherapeutic Methods

a. Individual Therapy – This involves a one to one relationship


whose aim is to help the patient reduce his drug abusing
behavior and develop insight into his condition.

b. Group Therapy – This is a form of therapy where the individual


is helped through group process. Each member of the group
receives immediate feedback from the other members regarding
his verbal and other forms of behavior. Group support and
encouragement are given to the subject on the premise that
73

these are effective devices, which can produce positive results


toward behavioral modification.

c. Unstructured Group Therapy – The role of the therapist can


be assumed by the entire group or group members. In the
therapeutic community, group therapy is commonly used,
among others, through (a) group encounter, (b) verbal haircut
(tongue lashing reprimand), (c) group games, and (d) family
encounters.

The Family Therapy – This form of intervention is


based on recognition that while the family as a
primary social unit, can be a source of problem
leading to drug abuse, can also be a powerful factor
in improving the behavior of the drug dependent.
Family therapy may include restructuring of the family,
environmental manipulation, strengthening family
communication, and discovering other means of
family communication, and discovering potentials of
family members to help facilitate the rehabilitation of
the drug dependent.

2. The Spiritual and Religious Means - development of moral and


spiritual values of the user.

3. The Follow-up and After – Care

The process of rehabilitation does not end upon the release or


discharge of client from a center. After his discharge, he has to
undergo follow-up and after-care services for a period of not more than
18 months by the appropriate center personnel. The Department of
Social Welfare and Development (DSWD) and the National Bureau
of Investigation (NBI) are deputized agents of the board to handle
this. A Transfer Summary of the case from the rehabilitation facility is
necessary and should be forwarded to the entity undertaking the
follow-up and after-care services. The Social Worker of the receiving
entity assigned to the case shall maintain a close contact with the
client, family, the accredited physician attending to the case, and the
police, for the purpose of assisting the client maintain his progress
towards adjusting to his new environment. He shall also see to it that a
74

regular laboratory examination of the client’s body fluids is made to


ensure that the client remains drug-free.

Duration of Rehabilitation - If the patient is found to be an opiate


abuser, the treatment prescribed shall be for a period of not less than six
(6) months.

Criteria of Rehabilitation

a. The patient achieves a drug-free existence.


b. He becomes adjusted to his family and peers.
c. Socially integrated to the community.
d. The client is not involved in socially deviant behaviors.

B. DIAGNOSTIC GUIDELINES

A definite diagnosis of dependence should only be made if three or more


of the following have been experienced or exhibited at some time during the
previous year.

1. A strong desire or sense of compulsion to take the substance.


2. An impaired capacity to control substance-taking behavior in terms of
its onset, termination, or levels of use.
3. Substance used with the intention of relieving withdrawal symptoms
and with awareness that this strategy is effective.
4. A psychological withdrawal state.
5. Evidence of tolerance such that increased doses of the substance is
required in order to achieve effects originally produced by lower doses.
(Clear examples of this are found in alcohol and opiate dependent
individuals who may tale daily doses of the substance sufficient to
incapacitate or kill non-tolerant users).
6. A narrowing of the personal repertoire of patterns of substance use
(e.g. tendency to drink alcoholic drinks in the same way on weekdays
and weekends and whatever the social constraints regarding
appropriate drinking behavior).
7. Progressive neglect of alternative pressures or interests in favor of
substance use.
8. Persisting with substance use despite clear evidence of overtly harmful
consequences. (Adverse consequences may be medical as with harm
to the liver through excessive drinking, social as in the case of loss of a
75

job through drug-related impairment of performance, or psychological


as in the case of depressive mood states consequent to periods of
heavy substance use).

THE EDUCATIONAL APPROACHES

Drug Abuse Prevention Education

Drug abuse prevention education is concerned with bringing about


changes in the people’s knowledge, attitudes and practices towards drug abuse.
It utilizes a variety of approaches and methods whereby people go through
teaching-learning process, and which may be planned, implemented and
evaluated through the barangay organized groups and other organizations and
agencies in the community.

There are six known strategies in drug abuse prevention, which are the
following:

1. Drug Education – learning situations during seminar-workshops,


symposiums and lecture forums, which take up values clarification, leadership
training, coping skills and decision-making. It is a movement, which utilizes
humanistic techniques in both school-based and community oriented drug abuse
prevention programs.

2. Drug Information – it is an activity, which focused on the dissemination


of basic facts of the causes and effects of drug abuse with the objective of
creating awareness and vigilance of the people in the community.

It includes the following information drive activities:

a. Youth-Adult Communication
- parent-youth dialogues
- family encounters

b. Info-Oriented Classroom/Community Activities


- Contest in the school/community – essay, slogans, posters,
cartoon, play writing.

c. Broadcast Media: TV/Radio or Printed


- plugs, films, slides, spot announcement, music
programming, newsletter, comics, leaflets/brochures,
76

magazines, other publications.

3. Alternatives – this includes a number of ideas for stimulating


meaningful involvements for the youth that can compete successfully with the
demands of drugs and alcohol. Primarily the emphasis should be on service or
constructive and productive pursuits and recreational activities that are usually
community-based such as:

a. Voluntary service works


b. Income producing activities
c. Sports, arts development: theater – choral/dance groups
d. Community fair/contest
e. Other recreational activities: development of physical, emotional
interpersonal, mental-intellectual, social, spiritual, and all aspects of
behavioral development.

4. Interventions – this strategy is applied to experimenters and potential


drug abusers. Activities like peer or group counseling should be encouraged in
every community. It is applied to the individual/group, which needs specific
assistance and support.
The techniques or activities recommended for intervention are:

a. Peer counseling
b. Hot lines
c. Cross-age tutoring
d. New peer group creation

B. Peer and Cross-age Tutoring and Counseling

Peer and cross-age tutoring and counseling enable the person/student to


assume adult and mature roles, to become actively involved in their own learning
and in other’s learning and to take on a “real world” responsibility. It can provide
a meaningful “work” in the school setting to the students who might otherwise
suffer from low self-esteem and a general lack of involvement with school or
cross-age tutoring and counseling programs.

The program is focused on:

a. Life Career Planning – the preparation towards a comprehensive


career education helps young people to make the right choices.
77

b. Parenting and Family Communication – activities that fosters better


understanding and wholesome family relationship.

C. Effective Techniques and Learning Activities


1. Values Formation or Development – the articulation of personal
values. Its process includes choosing from alternatives and repeatedly
and consistently acted upon.
2. Role Playing – a technique used to help students identify more closely
with historical figures or characters in literature, which will help them at
sensing problems and testing solutions with out taking any great risk.
3. Decision Making and Problem solving – techniques using conflict
resolutions focused on group problems, which help the students in
identifying possible alternatives to solve the problem.
4. Individual Contact – the basic principles in working with an individual
with the emphasis of making him feel at ease, involving him by asking
questions, supplying with the necessary information and arriving at a
decision that will end to action. It is carried out by:
a. person-to-person relationship or individual counseling
b. House/Office visits
c. Telephone calls or by letters
d. Information conversation or dialogues

5. Small Group Approach – involves contact with a number of people


assembled in isolated group or in one of a series of related groups.
This technique can be carried out by:
a. Lecture – one way discussion
b. Small group discussion –mutual interchange of ideas or
opinions between the small group
c. Symposium – group of talks, speeches or lectures presented by
several individuals on various phases of a single subject.
d. Panel Discussion – discussion before an audience by a selected
group of persons expressing a variety of view points under a
moderator
e. The Buzz Session – the count off procedure
f. Seminars, simulation games, debate, field trips

6. Community Approach – this involves working together about their


common problems, identify these and implement the kind of action
patterns for the solution of the problems. This technique can be carried
out by:
a. Community assemblies and barangay fairs
78

b. Sport festivals or on test in the community


c. Church related activities

INTERNATIONAL COOPERATION APPROACH

The UNDCP

The United Nation International Drug Control Program (UNDCP) was


established in 1991 pursuant to General assembly Resolution 45/179 of 21
December 1990.

The UNDCP is mandated by the General Assembly with the exclusive


responsibility leadership for all United Nation Drug Control activities in order to
ensure coherence of actions, coordination, and non-duplication of such activities
in the United Nation System.

The UNDCP assists government in fulfilling their obligation under the


existing regulatory structures so that they can become parties to these
conventions.

The UNDCP Resources for Operations

The financial resources come from the regular budget of the United Nation
and voluntary contributions of the U.N members.

UNDCP in SEA

UNDCP is created in the different field offices in Laos and Burma


(Myanmar), which handles national programs while Thailand, handles Regional
programs.

Master Plan Approach

This involves encouraging and assisting governments in undertaking a


thorough analysis of drug problems with in a country or region, the identification
and assessment of all anti-narcotics intervention undertaken and planned. It also
involves the identification of needs for new projects and activities.
79

Measures Undertaken in SEA

1. Enhancement of Capital Punishment


2. ASIAN Drug Official group meetings/Conventions against Drug Abuse
3. Instant Urine Test Machine
4. Denial of Passport on all drug offenders upon released from prison
5. Use of Narcotic Drug Detector
6. ASEAN Cooperation on against Drug Trafficking

Drug Outlook in the ASEAN Countries (Major Contributors)

1. Thailand – the training center for:


a. undercover operations
b. investigations
c. informant handling
d. surveillance
e. other enforcement techniques

2. Philippines - the adoption of the Drug Demand Reduction Strategy


and Supply Reduction Strategy. The Drug Supply strategy is carried
out by the conduct of anti- narcotics operations (raids on plantations,
laboratories, etc); arrest, search and seizure; surveillance and other
intelligence operations; legislative and judicial measures. The Demand
Reduction strategy is carried out by the conduct of information and
educational drives and the treatment or rehabilitation of drug addicts.

3. Malaysia - The Asian treatment and rehabilitation training center is


sponsored by the International Labor Union located in Malaysia.
Malaysia then is considered as the training center for treatment and
rehabilitation of drug abusers in Asia.

4. Singapore - Singapore is responsible in the area of research as part of


the Asian anti-narcotic work. The urine test project was adopted with
the aim to train chemist from ASEAN members in the techniques of
mass urine screening.

SOCIETAL ROLE IN DRUG ABUSE PREVENTION

Different sectors of society play vital roles in preventing drug abuse. All
should exert concerted efforts to fight the spreading tentacles of this menace.
80

A. The Individual

The primary role of the individual is to improve his personality and develop
traits and characteristics that would help him build-up his self-concept, thereby
making himself confident. He should develop strong spiritual and moral values,
sharpen his skills in making decisions, and strengthen his will power. He should
improve his physical qualities as well as his mental faculties.

What a person can do to prevent drug abuse?

1. Maintain good physical and mental health.


2. Use drugs properly. Most drugs are beneficial when used under
medical advice.
3. Understand himself. Accept and respect himself for what he is.
4. Develop potentials. Engage in wholesome, productive and satisfying
activities.
5. Learn to relate effectively with others. Talk to others regarding
problems.
6. Learn to cope with problems and other stresses with out the use of
drugs.
7. Seek professional help regarding problems that are hard to cope with.
8. Develop strong moral and spiritual values.

B. The Family

The Role of Parents

Parents are looked upon by their children as models. The parents should:

1. Create a warm and friendly atmosphere in the home.


2. Develop effective means of communication with their children.
3. Understand and accept the children for what they are and not for what
they want them to be.
4. Listen to their children, respect for their opinions, and guide them in
making decisions.
5. Praise their children for whatever positive achievement they have
accomplished no matter how trivial this may seem.
6. Take time to be with their children no matter how busy they are.
7. Strengthen moral and spiritual values.

C. The School
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Next to the home, the school is the child’s next impressive world. Here,
the child moves about in a bigger social environment predominantly made up of
his peers and teachers. As part of a broader social process for behavior
influence, it is said that the school is an extension of the home having the
strategic position to control crime and delinquency. It exercises authority over
every child as a constituent. The teachers are considered second parents having
the responsibility to mold the child to become productive member of the
community by devoting energies to study the child behavior using all available
scientific means and devices in an attempt to provide each child the kind and
amount of education they need.

The school take the responsibility of preventing the feeling of insecurity


and rejection of the child which can contribute directly to maladjustment and to
criminality by setting up objectives of developing the child into a well integrated
and useful, law abiding citizens. The school has also the role of working closely
with the parents and neighborhood, and other community agencies and
organizations to direct the child in the most effective and constructive way.

D. The Church

The church is also committed to fight against drug abuse. Religion is a


positive force for humanitarian task of moral guidance of the youth. It is the social
institution with the primary role to strengthen faith and goodness in the
community, an influence against crime and delinquency. The church influences
people’s behavior with the emphasis on morals and life’s highest spiritual values,
the worth and dignity of the individual, and respect for person’s lives and
properties, and generate the full power to oppose crime and delinquency. Just
like the family and the school, the church is also responsible to cooperate with
institutions in the community in dealing with problems of children, delinquents
and criminals as regards to the treatment and correction of criminal behaviors.

D. The Police

The police are one of the most powerful occupation groups in the modern
society. The prime mover of the criminal justice system and the number one
institution in the community with the broad goals of maintaining peace and order,
the protection of life and property, and the enforcement of the laws. The police
are the authority having a better position to draw up special programs against
drug abuse and crime in general because it is the very reason why the police
exist. That is to protect the society against lawless elements since they are the
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best equipped to detect and identify criminals. The police are the agency most
interested about crime and criminals and having the most clearly defined legal
power authority to take action against them.

E. The Government and the other Components of the CJS

The government and the other components of the criminal justice system
is the organized authority that enforces the laws of the land and the most
powerful in the control of people. Respect for the government is influenced by the
respect of the people running the government. When the people see that public
officers and employees are the first ones to violate the laws, people will refuse to
obey them, they set a bad example for others to follow and create an atmosphere
conducive to crime and disrespect for the law. In this regard, the government
itself indirectly abets the commission of crimes.

F. The Non-Government Organizations

The group of concerned individuals responsible for helping the


government in the pursuit of community development being partners of providing
the common good and welfare of the people through public service. When the
government is inefficient and unable to provide the necessary goods and
services to the people, these non-government organizations are good helpers in
providing the required services, thus preventing drug abuse.

G. The Mass Media

The media is the best institution for information dissemination thereby


giving the public the necessary need to know, and do help shape everyday views
about drug abuse, its control and prevention.
83

WORK EXERCISE NO. 5

Name:__________________________________ Rating:____________________
Section:_____________ Date:_______________ Professor:_________________

Multiple Choice. Encircle only the letter which corresponds to the answer of
your best choice.
1. It is a medically supervised elimination of drugs from the system of any
addicted person.
A. Treatment
B. Rehabilitation
C. Detoxification
D. Psychotherapeutic Methods
2. This involves a one to one relationship whose aim is to help the patient reduce
his drug abusing behavior and develop insight into his condition.
A. Individual Therapy
B. Unstructured Group Therapy
C. Group Therapy
D. The Family Therapy
3. Is concerned with bringing about changes in the people’s knowledge, attitudes
and practices towards drug abuse.
A. Drug Abuse Prevention Education
B. Drug Information
C. Drug Education
D. Alternatives
4. It enable the person/student to assume adult and mature roles, to become
actively involved in their own learning and in other’s learning and to take on a
“real world” responsibility.
A. Role Playing
B. Values Formation or Development
C. Individual Contact
D. Peer and Cross-age Tutoring and Counseling
5. Involves contact with a number of people assembled in isolated group or in
one of a series of related groups.
A. Small Group Approach
B. Panel Discussion
C. Community Approach
D. Symposium
6. Is mandated by the General Assembly with the exclusive responsibility
leadership for all United Nation Drug Control activities in order to ensure
84

coherence of actions, coordination, and non-duplication of such activities in the


United Nation System.
A. United Nation International Drug Control Program (UNDCP)
B. UNICEF
C. World Health Organization (WHO)
D. Association of South East Asian Nations (ASEAN)
7. Is responsible in the area of research as part of the Asian anti-narcotic work.
The urine test project was adopted with the aim to train chemist from ASEAN
members in the techniques of mass urine screening.
A. Thailand
B. Philippines
C. Malaysia
D. Singapore
8. The primary role of the ______________ is to improve his personality and
develop traits and characteristics that would help him build-up his self-concept,
thereby making himself confident.
A. Individual
B. Family
C. School
D. Church
9. The prime mover of the criminal justice system and the number one institution
in the community with the broad goals of maintaining peace and order, the
protection of life and property, and the enforcement of the laws.
A. The Mass Media
B. The Non-Government Organizations
C. The Government and the other Components of the CJS
D. The Police
10. It is the social institution with the primary role to strengthen faith and
goodness in the community, an influence against crime and delinquency.
A. Individual
B. Family
C. School
D. Church

Chapter Six
85

VICE AND SUBSTANCE ABUSE


Overview
This chapter presents treatment which is coupled with proper education
both in the schools and in the adult community to develop the nation habits of
moderation in the use of alcoholic beverages. It requires investigation and testing
of social policies on the control of the prohibited Vices and the distribution of
alcohol as well as the effective implementation of these prevention policies.

VICE definition
A vice is a moral failing or a bad habit. Traditional examples of vice
include drinking alcohol, smoking tobacco, and gambling in card games.
In the United States, municipal police departments often have a bureau
dedicated to vice, manned by vice cops, whose job it is to fight crime related to
alcohol, drugs, and gambling. But anything can be a vice, as long as there's
someone out there who views it as bad behavior or a moral weakness. You might
say, casually, "I don't drink, smoke, or gamble. Chocolate ice cream is my vice."
Or driving over the speed limit. Or intentionally failing to sort your recycling.
Behaviors that have long been considered vices include:
1. excessive or habitual indulgence in gambling,
2. certain sexual activities, and
3. the use of psychoactive drugs such as nicotine, alcohol or opium.
Even in a world without vice‐specific public policies, vice would still be
subject to informal social controls. Most vices, including forms of gambling,
prostitution, pornography, alcohol, tobacco, and other psychoactive drugs, have
met with prohibitions at certain times and places, including contemporary times
and places. What has become known as the “harm reduction” or “harm
minimization” approach to illicit drugs typically focuses on reducing the harms per
incident, while being rather unconcerned about overall prevalence or whether the
harms are external or suffered by the vice participants themselves. It is
commonplace to note that the Internet has changed everything, and this trope
would apply to vice regulation, too.

A. ALCOHOL

Alcohol is colorless, tasteless clear liquid, which gives a burning


sensation to the mouth, esophagus and stomach. Like many drugs, alcohol is
toxic. It can poison the human body if taken in large amounts or in combination
with other drugs. Alcohol is a depressant not stimulant.
86

There are two kinds of alcohol – methyl and ethyl alcohol. Methyl alcohol
is ver poisonous and is not put in drinks but is use in some industries. Ethyl
alcohol is used in alcoholic drinks, which are made by breweries. This occurs
when germs called yeast act on sugars in food to produce alcohol and carbon
dioxide. Fermented brews and spirits contain different amounts of alcohol. The
amount in beer is less than in other drinks. It varies from 2.5% to 8% in different
countries.

Types of Drinkers

1. Occasional Drinker – drinks on special occasions or uses alcohol as a


home remedy, takes only a few drinks per year.
2. Frequent Drinker – drinks at parties and social affairs. Intake of alcohol
may be once a week or occasionally reaches three or four times per week,
uses beverages to release inhibitions and tensions.
3. Regular Drinker – may drink daily or consistently on weekends, usually
comes from cultural background where wine or beer is used with meals to
enhance the flavor of the food.
4. Alcohol Dependent – drinks to have good time, excessive drinking
occurs occasionally but drinker may not become alcoholic.
5. Alcoholic – has lost control of his use of alcohol. Alcohol assumes
primary goal in his life, even to the exclusion of physical health and
interests of family and society in general.

Motives for Drinking

1. Traditional – social and religious functions.


2. Status – symbol of success and prestige.
3. Dietary – dining incomplete without wine, integral part of today’s way of
“gracious living”.
4. Social – release tensions and inhibitions so user can tolerate and enjoy
another’s company.
5. Shortcut to Adulthood – user unsure of maturity, drinks to prove himself.
6. Ritual – fosters group feeling, cocktail parties, toasts made to brides,
wishes for good health.
7. Path of least Resistance - doesn’t want to drink but doesn’t want to
abstain so goes along with everyone else.

EFFECTS OF ALCOHOL ON THE BODY


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When a person drinks alcohol, it passes down to the stomach. Here,


unlike foods we eat, it does not need to be digested or broken down by juices in
the stomach. It is absorbed easily into the blood stream and most of it stays in
the blood. While in the blood stream, the alcohol is carried around the body many
times as the heart pumps blood through the vessels. The alcohol stays in the
blood and can only be passed out of the body when the liver changes it. A
healthy liver takes approximately one hour to change the alcohol in one bottle of
beer. While the liver is trying to remove the alcohol, the alcohol is having effects
on body functions.

The Brain and the Nervous System - The nerves are like telephone
wires coming out of the control system in the brain and spinal cord. They send
and receive messages from all parts of the body. Alcohol slows down the work of
the brain cells and stops proper messages being sent to the rest of the body.
Alcohol stops people behaving correctly to other people. They may do whatever
comes first into their minds. They may say things that do not make sense or
behave rudely to others. They may also have feelings of increased personal or
social power. This is because their thinking is slowed down and not because it
has sparked up. They are less able to cope with situations where drinking is
needed.

As the level of alcohol becomes higher in the blood, brain and nerve cells
die from the poisonous or toxic effects of the alcohol. Unlike other body cells,
once a brain cell is destroyed it is never replaced. As more and more of these
brain cells are destroyed from repeated drinking over a period of years, the
person’s thinking becomes cloudy. His feelings about things also change. He
also will get a burning feeling and pain or numbness in his hands and feet from
the death of nerve cells. After heavy drinking, and when the pain killing effects of
the alcohol are removed, the person may suffer from a hangover. A hangover is
the word used to describe the terrible pain and horrible effects, which follow a
period of heavy drinking.

Stomach and Intestines - Alcohol damages the stomach and intestines


and makes them sore. This can cause a burning sensation, nausea and
vomiting. Sometimes there is bleeding.

Liver

a. The first thing the liver does is to turn part of the alcohol into fat.
Some of this goes into the blood, but a lot builds up in the liver
88

cells. After drinking six (6) medium-sized glasses of beer everyday


for a few days, fat is formed in the liver.
b. To cope with the extra work of getting rid of the alcohol, the liver
becomes larger.
c. As the liver enlarges, the person gets more used to the effects of
alcohol in the body. A person can drink larger amounts of alcohol
without getting drunk. This effect is called tolerance to alcohol.
However, the alcohol is still doing its damage.
d. As the liver enlarges, it changes they way other drugs and
medicines work in the body. So it can be dangerous to take
medicines with alcohol.
e. While the liver enlarges, some of the liver cells are damaged.
The liver can become permanently damaged. As the alcohol
poisons the cells of the liver, they die. If many of these cells die, the
person may get what is called “ALCOHOLIC HEPATITIS”.
f. Scar tissue is formed where the liver cells die. This means the liver
doesn’t work so well. This is called “CIRRHOSIS”.
g. People with scarred livers can get a swollen abdomen, swollen feet
and hands and may bleeding from inside the body.
Waste products build up in the body and give a yellow color to the
skin and eyes (jaundice). This also affects the brain so that a
person may become unconscious and die.

Heart and Muscles - Alcohol affects the heart and other muscles so that
they become weaker and less effective. This makes people tired and
breathless.

Blood - The activity of the liver I trying to get rid of the alcohol results in
many changes to the blood – for example – blood sugar is lowered and
blood fats are increased.

Kidneys - Alcohol decreased the ability of the kidneys to get rid of some
waste products.

Sexual Activities - After the excessive use of alcohol, the ability to have
satisfactory sexual activity is decreased.

Malnutrition - The illness that occurs when a person doesn’t have enough
food to eat or eats the wrong kind of food. The person who drinks alcohol
may suffer from malnutrition because:
89

a. He spends his time, money and energy in drinking. He may not eat
the proper foods.
b. Drinking alcohol decreases a person’s desire to eat.
c. Alcohol burns the stomach and bowel so that food eaten is not
used well by the body.
d. If the liver is damaged, some important vitamins are not produced.
Malnutrition in itself causes further liver damage, which makes the
condition even worse. The result of all these are that the heavy drinker
gets weak because of lack of energy and body building food. His body
defenses are weakened against infections such as pneumonia, tropical
ulcers and tuberculosis. The person may get severely emotional disturbed.
The nerves in his arms or legs may be damaged so that he may not feel
what he is touching. He may not walk properly and may keep falling over.

Alcohol effect on General Behavior

Drinking affects a person’s behavior. Most of the changes are due to the
effect of alcohol on the brain and nerves. The effects of alcohol depend on how
much there is in the blood. A large person has to drink more than small person to
produce the same level of alcohol in the blood.

Alcohol Effects on the Community

Because drinking affects people’s behavior, it has effects on the


community as a whole.

a. Trouble in the Home – Heavy drinkers takes money needed for food,
clothes and furniture. This causes debts. Husbands and wife fight and
accuse each other of being unfaithful. There will be often be sexual
problems. Children are badly treated and badly fed. And drinking makes
people lazy and they may not go to work. Women may have to steal food
to feed their families.
b. Trouble among Friends – The heavy drinker will often fight with his friend
and may even kill people.
c. Trouble at Work – The heavy drinker often does not go to work because
he feels sick. He sometimes works badly and hurts himself or others.
d. Trouble at Play – Heavy drinkers has a bad effect on sportsmen.
Because alcohol affects the brain, the drinker can not control his arms and
legs well. A sportsman who has been drinking can not play well as he
should.
90

e. Trouble on Roads – The driver has lost his judgement, he is careless and
takes risks. Accidents result. A person who is drunk may walk onto the
road and be killed by a motor vehicle.
f. Trouble with Crime – excessive drinking is the biggest cause of crime.
People become aggressive, fight, break into houses and steal.
g. Trouble with the Economy and the Nation - The economy is badly
affected when people do not go to work and production falls. Heavy
demands are made on health services, the police force and correctional
institutions. Alcoholism is burden to the government.

Alcohol Dependence

A person who drinks a lot can become a dependent on alcohol. This


means he can not live without it. If he tries to stop drinking, he will have the
shivers and shakes and feels very bad. He may also experience acute anxiety or
fear, delirium and hallucinations.

Prevention of Alcohol Problem

Solely treating people with medications can not control problem drinking
and alcoholism. Treatment should be coupled with proper education both in the
schools and in the adult community to develop the nation habits of moderation in
the use of alcoholic beverages. It requires investigation and testing of social
policies on the control of the distribution of alcohol as well as the effective
implementation of these prevention policies.

TOBACCO

Facts about Tobacco Smoking

The use of tobacco is one of the foremost public health problems in the
world today. Tobacco had for centuries been used all over the world as a way of
increasing the enjoyment of life or as an aid in coping with some of its problem.
The World Health Organization estimates that around the world one person dies
every 13 seconds from tobacco-related diseases. Doctor’s cite 50,000 scientific
studies from various independent bodies that have proved beyond doubt that
smoking is responsible for around 90% of all cases of lung cancer, 95% of all
cases of chronic bronchitis and emphysema, and 25% of heart conditions in men
under 65 years of age.
91

The World Health Organization Advisory Panel on Smoking and health


estimates that at least two million of 30 million Filipinos under 20 years of age
today will eventually be killed by smoking. Smoking threatens not only the adults,
but also children – born and unborn. The Philippine Obstetrical and
Gynecological Society notes that premature in infants of mothers who smoke is
three times more common than in mothers. Spontaneous abortion is likewise
more common in smoking mothers.

Too often, the smoking habit begins in the early teens or even earlier.
Becoming a smoker may have the immediate value to some teenagers of being
accepted by their peers, feeling more mature because smoking is an adult
behavior to the child providing level of psychological stimulation and pleasure
and might even serve the function of an cat of defiance to authority figures.

General Effect of Tobacco Smoking

The effects of tobacco smoking consist primarily of ill-health and of human


suffering. These necessarily, too, the productivity of the work force, the need for
medical care and other variables. Thus smoking impairs society’s total well-being
and posses substantial economic loss to the nation.

Properties of Tobacco

Cigarette smoke contains over 2,000 different chemicals and gases whixh
can produce coughing, broncho spasm, increased mucus secretion.

NICOTINE – It is the most important active ingredient in controlled doses.


It is an extremely toxic substance. A typical cigarette contains 1-2 mg of nicotine.
When smoked, less than 1 mg from each cigarette is filtered or not depending on
the characteristics of the filter, the depth and frequency of inhalation and the
length of the butt.

Effects of Smoking on the Following

 Increases in heart attack risk with amount smoke


Cardiovascular System  Increases heart rates 15-25 beats with one to
 two cigarette.
 Constricts small arteries causing higher blood
 pressure.
 Increases chance of developing peripheral
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 vascular diseases.
 Causes carbon monoxide from smoke to rob
 oxygen carrying potential of blood.
 Causes increase of free fatty acids in blood
which
 may be related to heart attack.
Respiratory System  Increases risks of developing lung cancer ten-
fold for the average of one pack a day smoker.
 Increases lung cancer risk with amount, with
length of time smoked and early age starting.
 Major factor identified in the development of lung
cancer
 Only one in twenty lung cancer victims is saved
from death per year
 Lung cancer deaths slightly exceed traffic deaths
per year
 A major cause of chronic bronchitis
 Increases risk of dying of chronic bronchitis and
emphysema about six fold.
 Tends to paralyze bronchial cilia and stimulate
production of mucus. Eventually destroys ciliary
structure cleansing system predisposing to
respiratory infections
 Increases in abnormal cell growth in bronchial
tube walls with increase in basal cell layers and
thickening
 Causes closing of the bronchi, reducing effective
breathing space.

Increased Mortality  Increase cancer of the larynx, the mouth, bladder


from other Causes and the esophagus.
 Increase in ulcer deaths, death from cirrhosis.
 Increase in kidney problems.
Over all Morbidity and  Greater incident of infant pre-maturity and
Mortality mortality.
 Life expectancy is expected to reduce by about
14 minutes per cigarette smoked.
Reproductive System  Women who smoke during pregnancy increase
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the risk of still birth and prenatal mortality, and


the child physical and intellectual is delayed
 Women who smoke causes menopause in early
age than in normal.
 Male smokers, penile arteries become constricted
bringing about slower erection time, impotence in
1 in 4 heavy smokers versus 1 in 12 non-
smokers. Smoking fathers may beget children
who may suffer from brain tumor, leukemia and
other abnormalities due to decreased number of
spermatozoa.

Measures to Reduce Smoking

Government support of anti-smoking campaign demonstrates commitment


to the eradication of health problems related to smoking and public influences
and attitudes to smoking. Successful programs to reduce the prevalence of
tobacco use by young people need a combination of legislative measures and
health education including:

 prohibition of sales in minor


 prohibition of smoking in schools and other places frequented by the
young
 restriction on advertising and promotion of tobacco products especially
those aimed at young people
 health education at both primary and secondary levels of schools
 use of fiscal policies to increase the price of tobacco products
 health warnings on cigarette packets
 Collaboration with the media to deglamorize the image of the smoker.

WORK EXERCISE NO. 6

Name:__________________________________ Rating:____________________
Section:_____________ Date:_______________ Professor:_________________
94

A. Multiple Choice. Encircle only the letter which corresponds to the answer of
your best choice.
1. Is colorless, tasteless clear liquid, which gives a burning sensation to the
mouth, esophagus and stomach.
A. Marijuana
B. Shabu
C. Solvents
D. Alcohol
2. Drinks on special occasions or uses alcohol as a home remedy, takes only a
few drinks per year.
A. Occasional Drinker
B. Frequent Drinker
C. Regular Drinker
D. Alcohol Dependent
3. Dining incomplete without wine, integral part of today’s way of “gracious living”.
A. Dietary
B. Social
C. Shortcut to Adulthood
D. Path of least Resistance
4. While the liver enlarges, some of the liver cells are damaged. The liver can
become permanently damaged. As the alcohol poisons the cells of the liver, they
die. If many of these cells die, the person may get what is called ___________
A. ALCOHOLIC HEPATITIS
B. CIRRHOSIS
C. DIABETIS
D. HIGH BLOOD
5. It is the most important active ingredient in controlled doses. It is an extremely
toxic substance present in tobacco.
A. CARBON MONOXIDE
B. CHLORIDE
C. AMPHETAMINE
D. NICOTINE

B. Answer and explain the following questions.

QUESTIONS:

1. What are the different Types of Drinkers?


95

________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________.

2. Explain the effects of alcohol on the body.

________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________.

3. Discuss the Alcohol effect on General Behavior.

________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________.
4. Give the General Effect of Tobacco Smoking.

________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________.
5. Give the following measures to Reduce Smoking.

________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________.
96

Chapter Seven

NARCOTIC INVESTIGATION
Overview
This chapter presents various techniques in the investigation of any
related narcotic death related cases. The investigation should determine the
manner of death which is either homicide, suicide or accidental. A thorough
97

investigation at the scene helps the medical examiner in determining the cause
of death.

Since narcotic use has direct link with criminal activities, investigation of
this must be specialized. The following are some reasons why it has to be
investigated in a specialized manner:

1. Illicit drug underworld is specialized and syndicated.


2. The underworld organization is composed of and operated by selected
and highly proficient members of the elite.
3. Drug addicts are clannish and they represent a rare group of
individuals.
4. Drug abusers and or addicts have their own lingo and way of life.
5. The illicit drug trade is completely underworld in conception and
operation capable to espionage or subversive operations; it is a hidden
crime where there is rarely a complainant.

Considerations in Narcotic and Investigation

The Violation

a) Republic Act No. 9165 (The Comprehensive Dangerous Drug Act of 2002)
- Under this law, the following are punishable:

1. Importation of Dangerous drugs and/or Controlled Precursors and


Essential Chemicals;
2. Sale, Trading, Administration, Dispensation, Delivery, Distribution and
transportation of Dangerous Drugs and/or Controlled Precursors and
Essential Chemicals;
3. Sale, Trading, Administration, Dispensation, Delivery, Distribution and
transportation of Dangerous Drugs and/or Controlled Precursors and
Essential Chemicals;
4. Maintenance of a Den, Dive or Resort where dangerous drugs are
used or sold in any form;
5. Being an employee or visitor of a den, dive or resort;
6. Manufacture of dangerous Drugs and/or Controlled Precursors and
Essential Chemicals;
7. Illegal Chemical Diversion of Controlled Precursors and Essential
Chemicals;
98

8. Manufacture or Delivery of Equipment, Instrument, Apparatus and


other Paraphernalia for Dangerous Drugs and/or Controlled Precursors
and Essential Chemicals;
9. Possession of Dangerous Drugs;
10. Possession of Equipment, Instrument, Apparatus and other
Paraphernalia for Dangerous Drugs; Possession of dangerous Drugs
during Parties, Social Gatherings or Meetings;
11. Possession of Equipment, Instrument, Apparatus and other
Paraphernalia for Dangerous Drugs during Parties, Social Gatherings
or Meetings;
12. Use of Dangerous Drugs; Cultivation of Plants classified as dangerous
drugs or are sources thereof;
13. Failure to comply with the maintenance and keeping of the original
records of transaction on any dangerous drugs and/or controlled
precursors and Essential Chemicals on the part of practioners,
manufacturers, wholesalers, importers, distributors, dealers, or
retailers;
14. Unnecessary Prescription of Dangerous Drugs;
15. Unlawful Prescription of Dangerous Drugs

The Violators – The Persons of Importance

a) The Addict or User - A “user” is one who injects, intravenously or


intramuscularly, or consumes, either by chewing, smoking, sniffing, eating,
swallowing, drinking, or otherwise introducing into the physiological
system of the body, any of the dangerous drugs. An “addict” is one who
habitually uses dangerous drugs.

1. Determine his history.


2. Has he just used or administered the drug? Get urine and, if possible,
blood samples for analysis within 24 hours after administration.
3. Is he in possession of the drug?
4. Determine the reason for possession. Is it for sale or for own
consumption?
5. If possession is for reason other than personal use, he must be
accordingly charged under RA 6425.
6. Is he suffering from the signs and symptoms of drug abuse? This will
guide the investigator to determine whether the violator is an addict or
not.
99

b) The Pusher - “Pusher” refers to any person who sells, administers,


delivers, or gives away to another, on any terms whatsoever, or distributes
or dispatches in transit or transport any dangerous drug or who acts as a
broker in any such transaction.

1. Ordinarily, he is an addict himself.


2. If not an addict, determine the reason for his possession of the drug. Is
it for sale, for giving away, etc.?
3. If he is selling, determine his clientele. Get their names and other
personal circumstance.
4. Determine, if possible, his source of supply, their names, addresses,
etc.
5. Determine the number of times that he had been arrested and charged
for the same offense.
6. If he is a recidivist, state so in the complaint or information to be filed.

c. The Narcotic Evidence

These include opium and its active components and derivatives, the coca
leaf and beta eucaine, and the hallucinogenic drugs. It includes all preparations
made from any of the foregoing and other drugs and chemical preparations;
whether natural or synthetics, with the physiological effects of a narcotic or a
hallucinogenic drug.

Opium and its derivatives

“Opium” refers to the coagulated juice of the opium poppy and embraces
every kind, character and class of opium, whether crude of prepared; the ashes
or refuse of the same; narcotic prepared; the ashes or refuse of the same,
narcotic preparations thereof or therefrom; morphine or any alkaloid of opium;
preparations in which opium enters as an ingredient; opium poppy; opium seeds;
opium poppy straw; and leaves or wrapping of opium leaves, whether prepared
for use or not.

Field test: Burn a small quantity of the suspected substance. The odor or
smell is similar to burnt banana leaves or has a sweetish odor.

Morphine – the drug varies in different forms such as:


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Powder – white, odorless granulated powder with a very bitter taste.


Sometimes however, illicit traffickers add color to deceive
investigators.

Block – with embossed marks like “999” “555” “AAA” “1A”, etc. with
“Lion”, Elephant”, “Tiger/Dragon” brands.

Licit morphine used for medical purposes invariably comes in powder


form, tablets, capsules with the brand name of the manufacturer.

Heroin (Dimorphine Hydrochloride/ Diacetylmorphine) is a white, odorless,


crystalline powder with a very bitter taste. Heroin is the hydrochloride of
an alkaloid obtainable by the action of acetic anhydride or morphine.
The alkaloid base may be made by treating morphine with acetyl
chloride, washing the product with a dilute alkaline solution and
crystallizing from alcoholic solution.

NOTE: Both heroin and morphine may be sold by pushers in bundle


containing about .03 gram of powder. The price will depend on supply and
demand.

Cocaine (Methyl ecgonine). Cocaine (C12 H 21n O4) is an alkaloid obtained


from the leaves of Erythorxylon coca and the other species of Erthroxlon Linne,
or by synthesis from ecgoine and its derivatives.

Preparation - It may be made by moisturizing ground coca leaves with a


sodium carbonate solution, percolating with benzene or other solvents such as
petroleum benzene, shaking the liquid with diluted sulfuric acid, and adding to the
separated acid solution and excess of sodium carbonate. The participated
alkaloids are removed with ether, and after drying with sodium carbonate, the
solution is filtered and the ether distilled off. The residue is dissolved in methyl
alcohol and the solution heated with sulfuric acid or with alcoholic hydrogen
chloride. This treatment splits off any acids from the ecgonine and esterifies the
carbozyl group.

After dilution with water, the organic that have been liberated are removed
with chloroform. The aqueous solution is then concentrated, neutralized, and
cooled with ice, whereupon methyl ecgonine sulfate crystallizes.

Upon adding water and sodium hydroxide, methyl benzoyl ecgonine or


cocaine is precipitated. The cocaine is extracted with ether and the solution
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concentrated to crystallization. For the purification of cocaine, re-crystallization


from a mixture of acetone and benzene is generally preferred.

Solubility - 1 gm dissolves in about 600 ml of water, 7 ml of alcohol, 1 ml


of chloroform, 3.5 ml of ether, and is very soluble in warm alcohol.

Uses - Cocaine was the first local anaesthetic to be discovered. At


present, it is considered too toxic for any anaesthetic procedure requiring
injection, but is still extensively employed for anesthesia of the nose and throat.
For this purpose, a 10 % solution of the hydro – chloride is used.

Cocaine is a central stimulant, but is never employed clinically for this


purpose. Addiction and a certain amount of tolerance result from its use.
Because of its properties, the sale of cocaine is prohibited in the Philippines.
Cocaine also comes in the form of salt crystals, known as “crack” and
usually sold in packets. This is the American counterpart of the local “shabu” or
methamphetamine hydrochloride.

Marijuana (Cannabis Sativa)

Marijuana is a seasonal plant grown from seed. Depending on soil and


weather condition, it grows approximately 20 feet. The leaves come in clusters of
3,5,7,9 to 13 leaflets. The leaflets are elongated with the tip pointed and the sides
serrated.

Manicured or grounded leaves and flowering tops – Although dried and


grounded, they will retain their greenish color.

Reefers or cigarettes known as “joints” and other names – These are


hand-rolled in cigarette paper, irregular and slim with both ends tucked in or
twisted.
Hallucinogen Drugs

These are the drugs that are capable of creating hallucinations in the mind
of the taker such as Lysergic acid diethylamide commonly known as LSD and
other drugs falling under this category are DMT, STP, peyote and morning glory
seeds.

Synthetic Drugs
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Those having the same physiological action as a narcotic drug, such as


methadone and demerol.

Other Dangerous Drugs

These include self-inducting sedatives, such as seconbarbital,


phenobarbital, pentobarbital, amobarbital, salt or a derivative of a salt of
barbituric acid: and salt, isomer or salt of an isomer, of amphetamine, such as
benzedrine of dexedrine, or any drug which produces a physiological acting
simlar to amphetamine; and hypnotic drugs, such as methaqualone, nitrzepam or
any other compound producing similar physiological effects.

Barbiturates – Manufactured synthetically as salts of barbituric acid. All


names of these drugs are in al, such as pentobarbital, secobarbital
(seconal), amobarbital, phenobarbital, barbital, etc.

Categories according to Effects

 Long acting barbiturates – take effect with in 30 to 60 minutes


and last up to 8 hours, e.i. Phenobarbital
 Intermediate acting barbiturates – take effect with in 15 to 30
minutes and last up to 6 hours, e.i. amobarbital and butabarbital.
 Short acting barbiturates – take effect with in 10 to 20 minutes
and last up to 6 hours, e.i. Pentobarbital and secobarbital.
 Ultra short barbiturates – take effect with in 45 seconds and last
up to 30 minutes, e.i. thiopental sodium.

Note: Slang Terms of Barbiturates

Pentobarbital – “yellow jackets” - Secobarbital – “red devils” - Amobarbital


– “ blue devils/ blue birds”
Amosbarbital – “ rainbow/ double trouble”

Note: Under FDA law, it is illegal to sell these drugs without prescription.
There is no illegal possession charge under the FDA law, but under RA
6425, there is such a violation.
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Amphetamines – Stimulate the central nervous system and have the


ability to combat fatigue and sleepiness. These are also known at uppers.

Chemical Names
a. Amphetamine Sulfate
b. Dextroamphetamine Sulfate
c. Methamphetamine Hydrochloride

Amphetamines come in varied forms, colors and shapes. Examples of


amphetamines are benzedrine or the “bennies”, dexedrine or the “dexies”, and
the methedrine known as the “meatballs”. Shabu is the most widely known
amphetamine in the country today. The compound (methamphetamine
hydrochloride) is also known as “poor man’s cocaine”. The latter term, however,
is misleading because although cheaper than that cocaine, shabu is nonetheless
expensive as compared to other drugs such as marijuana or solvents.

The Volatile Substances – also called the Inhalants, Solvents or


Deliriants. This are chemicals which when sniffed can produce intoxication
effects such as gasoline, kerosene, thinner, paint, etc. The most popular among
them is the solvent rugby. These chemical substances are significant in narcotic
investigation because of their intoxicating symptoms that do not produce
alcoholic breath.

HANDLING NARCOTIC EVIDENCE

Evidence handling

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


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

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

1. Identify the seizure in some permanent way using markings or non-


removable labels or wax-sealed tie on tag.
104

2. The identification should give detail of the time, date and place of seizure,
and the name of the owner or suspect where an arrest had been made.
3. The officer should complete the identification of the seizure by placing his
initial or signature on the identifying label.
4. Where a suspect charged demands a sample of the seized drug for
independent analysis, the desired sample should be place in a suitable
container. It should then be sealed in such a way as to prevent tampering
preferably with the signature of the suspect and the officer appearing on
the seal.
5. Where another officer later takes the seizure – as in during questioning –
that drug is shown to suspect during questioning – that officer should
continue the chain of identification by placing his initials on the label.
6. Few parties as possible should hold the seized drug. A permanent written
record of the movement of the seizure, noting time, dates and signatures
or receiving parties should be maintained.
7. As soon as after seizure, the drug should be sealed in a container in such
a way as to prevent loss or tampering with. The seal should be affixed in
such a way that it will be impossible to open the container without
breaking the seal. The seal should bear the same identification as the
seizure itself.
8. The officer in the area designated by his command should retain the
seizure, the security of which will satisfy the scrutiny of the court.
9. Where the nature of the seizure requires special storage conditions or
facilities, this should be arranged and the security of the seizure
maintained.
10. At the first opportunity, the officer should himself deliver the seized drug/s
to the laboratory for examination.
11. If the commitments of the officer holding the seized drug/s are such that
he cannot travel to the laboratory, he should hand the same to another
officer who should make the delivery personally.
12. If personal delivery is not possible, the seized drug(s) should be carefully
packed in a parcel, which is then sealed. This should be adequately
addressed and shipped by certified delivery mail.
Photographs - A permanent written record should be kept relating to
photographs taken in the course of an investigation, noting the time, date and
place of the photograph, its subject the weather condition at the time it was
taken. The technician might also note details of film and camera operations.
Several prints of each photograph should be obtained, and on one copy, these
details should be recorded together with the name of the officers who can “prove”
the photograph. The other print copies be retained unmarked for possible
105

submission to court. Photographs of, for instance, a meeting between two


offenders can adduce valuable corroborative evidence.

Documents - Documents that may become evidence in a prosecution


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

Investigative Records - Records in this particular category include:


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

DRUG INVESTIGATIVE PROCESS

Roles of the PDEA

Drug investigation in the Philippines is under the concern of the Philippine


Drug Enforcement Agency (PDEA) being newly created and organized. The
agency has one among its powers and functions the initiation of all investigation
proceedings concerning drug cases, absorbing all drug enforcement units of the
other governmental agencies like the National Bureau of Investigation, the
Philippine National Police, the Bureau of Customs and other agencies and
bureaus with drug investigation divisions.

As mandated by law and here quoted, the PDEA shall “create and
maintain an efficient special enforcement unit to conduct an investigation and file
charges and transmit evidence to the proper court”. Proper handling of drug
evidence is necessary to obtain the maximum possible information upon which
scientific examination shall be based, and to prevent exclusion as evidence in
court. Drug specimens, that truly represent the material found at the scene,
unaltered, unspoiled or otherwise unchanged in handling, will provide more and
better information upon examination. Legal requirements make it necessary to
account for all physical pieces of evidence from the time it is collected until it is
presented in court. With these, the following principles should be observed in
handling all types of evidence in narcotic investigation:
106

1. The evidence should reach the laboratory as mush as possible in same


condition as when it is found.
2. The quantity of specimen should be adequate. Even with the best
equipment available, good results cannot be obtained from insufficient
specimens.
3. Submit a known or standard specimen for comparison purpose.
4. Keep each specimen separate from others so there will be no intermingling
or mixing of known and unknown material. Wrap and seal in individual
packages when necessary.
5. Mark or label each piece of evidence must be maintained. Account for
evidence from the time it is collected until it is produced in court. Any break
in this chain of custody may make the material inadmissible as evidence in
court.

Generally, the recognition, search, collection, handling, preservation and


documentation of evidence in narcotic investigation rest upon the quality of
people involved in the activity which they follow certain guidelines for
investigative success. Below is an illustration of a basic procedure in narcotic
investigation focused in the crime scene:
Receipt/Report Complaint

First Responder

Security and Protection

 Cordoning
 Safety of Injured
persons, if any
 prevention of entry by

Conduct of Crime Scene


Investigation
From this point:

Preparation

Approach

Preliminary
Survey
Evaluation of
Physical evidence
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Documentation of
crime Scene

Preparation of
Narrative
Description

Crime Scene Search

Collection of
Physical Evidence

Final Survey & Release


of crime Scene

The illustration shows a general process in the crime scene investigation


involving any crime which is narcotic investigators can fundamentally base on a
scientific crime scene processing.

In the flow of the investigation, it shows that upon receipt or report of a


crime, the desk officer shall record the date and time the report/ complaint was
made, identify persons who made the report, place of incident and a synopsis of
the incident then inform his superior or duty officer regarding the report.

The first responders will properly preserve the crime scene. The security
and protection of the crime scene to get maximum scientific information that will
help successful prosecution of perpetrators. Then the formal investigation maybe
conducted.

Procedure at the Crime Scene


Upon Arrival at the Crime Scene

a. Record time/date of arrival at the crime scene, location of the scene,


condition of the weather, condition and type of lighting direction of wind
and visibility.
b. Secure the crime scene by installing the crime scene tape or rope (police
line)
c. Before touching or moving any object at the crime scene determine first
the status of the victim, whether he is still alive or already dead. If the
victim is alive the investigator should exert effort to gather information from
the victim himself regarding the circumstances of the crime, while a
member of the team or someone must call an ambulance from the nearest
108

hospital. After the victim is remove and brought to the hospital for medical
attention, measure, sketch, and photograph.
d. Designate a member of the team or summon other policemen or
responsible persons to stand watch and secure the scene, and permit only
those authorized person to enter the same.
e. Identify and retain for questioning the person who firs notified the police,
and other possible witnesses.

Recording

The investigator begins the process of recording pertinent facts and


derails of the investigation the moment he arrives at the crime scene. (He should
record the time when he was initially notified prior to his arrival). He also writes
down the identification of person involved and what he initially saw. He also
draws a basic sketch of the crime scene and takes the initial photographs. This is
to ensure that an image of the crime scene is recorded before any occurrence
that disturbs the scene. As a rule, do not touch, alter or remove anything at the
crime scene until the evidence has been processed through notes, sketches and
photographs, with proper measurements.

Searching for Evidence

a) Each crime scene is different, according tot he physical nature of the


scene and the crime or offense involved. Consequently, the scene is
processed in accordance with the prevailing physical characteristics of the
scene and with the need to develop essential evidentiary facts peculiar to
the offense. A general survey of the scene is always made, however, to
not the location of obvious traces of action, the probable entry and exit
points used by the offender(s) and the size and shape of the area
involved.

b) In rooms, buildings, and small outdoor areas, a systematic search of


evidence is initiated, (In the interest of uniformity, it is recommended that
the clockwise movement be used). The investigator examines each item
encountered on the floor, walls, and ceiling to locate anything that may be
of evidentiary value. He should:

 give particular attention to fragile evidence that may be destroyed or


contaminated if it is not collected when discovered,
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 if any doubt exists as to the value of an item, treat it as evidence until


proven otherwise,
 carefully protect any impression of evidentiary value in surfaces
conducive to making casts or molds,
 note stains, spots and pools of liquid within the scene and treat them
as evidence,
 proceed systematically and uninterruptedly to the conclusion of the
processing of the scene. The search for evidence is initially completed
when, after a thorough examination of the scene, the rough sketch,
necessary photograph and investigative note have been completed
and the investigator has returned to the point from which the search
began.

c) In large outdoor areas, it is advisable to divide the area into strips about
four (4) feet wide. The policeman may first search the strip on his left he
faces the scene then the adjoining strips.
d) It may be advisable to make a search beyond the area considered to be
immediate scene of the incident or crime. For example, evidence may
indicate that a weapon or tool used in the crime was discarded or hidden
by the offender somewhere within a square-mile area near the scene.
e) After completing the search of the scene, the investigator examined the
objects or persons involved.

Methods of Crime Scene Search - As maybe applicable in narcotic


investigation, the following methods of searches maybe used: Strip Search
Method, Double strip or grid method of search, Spiral Search Method, Zone
Search Method.

Collecting Evidence - This is accomplished after the search is completed, the


rough sketch finished and photographs taken. Fragile evidence should be
collected as they are found.

Removal of Evidence - The investigator places his initials, the date and the time
of discovery on each item of evidence and the time discovery on each item of
evidence for proper identification. Items that could not be marked should be
placed in a suitable container and sealed.

Tagging of Evidence - Any physical evidence obtained must tagged before its
submission to the evidence custodian.
110

Evaluation of Evidence - Each item of evidence must be evaluated in relation to


all the evidence, individually and collectively.

Preservation of Evidence - It is the investigator’s responsibility to ensure that


every precaution is exercised to preserve physical evidence in the state in which
it was recovered until it is released to the evidence custodian.

Releasing the Scene - The scene is not released until all processing has been
completed. The release should be effected at the earliest practicable time,
particularly when an activity has been closed or its operations curtailed.

Pointers to Consider in Sketching the Crime Scene

1. To establish admissibility, the investigator must have had personal


observation o the data in question. In other words, the sketch must be
sponsored or verified.
2. Sketches are not a substitute for notes or photos; they are but a
supplement to them.
3. Write down all measurements.
4. Fill in all the detail on your rough sketch at the scene. Final sketch may be
prepared at the office.
5. Keep the rough sketch even when you have completed the final sketch.
6. Indicate ht North direction with an arrow.
7. Draw the final sketch to scale.
8. Indicate the palce in the sketch as well as the person who drew it. Use the
KEY – capital letters of the alphabet for listing down more or less normal
parts of accessories of the place, and numbers for items of evidence
9. Indicate the position, location and relationship of objects.
10. Methods or systems of locating points (objects) on sketch
11. Critical measurements, such as skid marks, should be checked by two (2)
investigators.
12. Measurements should be harmony; or in centimeters, inches, yards,
meters, mixed in one sketch.
13. Use standard symbols in the sketch.
14. Show which way doors swing,
15. Show with arrow the direction of stairways.
16. Recheck the sketch for clarity, accuracy, scale, and title key.

The Role of SOCO in Narcotic Investigation


111

A number of crime incident committed in the country are unsolved and/or


dismissed by trial courts because of insufficiency of evidence. In cases of
narcotic investigation, it is important that pieces of drug evidence that will provide
clue on the suspects/offenders identities can be found in the crime scene.
However, those vital evidence in the crime scene are either left in the crime
scene are critical in the prosecution on the case in court with the advent of new
technologies, they could be analyzed scientifically for these purpose. The
recovery of physical evidence during investigation of crime scene is the most
important task of current law enforcement. In most cases, the material items of
evidence and descriptive information collected from the scene of the crime make
a big difference in the success and failure of cases in court.

The capability of the Crime Laboratory to provide scientific interpretation


and information depends on the recognition, recovery and documentation of the
evidence in the crime scene. Field investigators work as part of the forensic team
as that of laboratory technician. If evidence collected in the crime scene is not
properly accomplished, the work of the crime laboratory is impeded and even
negated. The recovery of physical evidence during investigation of crime scene is
the most important task of current law enforcement. In most cases, the material
items of evidence and descriptive information collected from the scene of the
crime make a big difference in the success and failure of cases in court. Past
experience shows that a well-trained team, coordinated and properly equipped,
can be of great advantage in effectively and efficiently recovering evidences.
Personal knowledge and instinctive actions or institutions are of great help in the
solution of the criminal and drug related cases. However there is no substitute for
the adoption and practice of scientific investigation. The idea of enhancing SOCO
in narcotic investigation is to assist drug investigators in terms of scientific
approach in investigating criminal cases, specifically heinous ones.

DRUG TESTING

Field Test - The test describes in the following pages are designed to give
investigators emergency means of making on-the-spot tentative identification of
samples seized or purchased during the course of investigations. Results
obtained should not be regarded as final identification since a number of such
drugs are marketed in combination with other chemicals from which they must be
separated (by laboratory methods) before true results can be attained.

Care of Apparatus and Reagents - Reagents should be protected from


excessive heat and light. Acid reagents should be stored in glass bottles.
Reagent stability should be tested from time to time with drugs of known identify.
112

All apparatus used in making test should be thoroughly cleaned before reusing.
Marquis test is used for morphine, codeine, heroin and other opium derivatives.

When brought into contact with morphine, heroin or other opium


derivatives, the reagent develops brilliant colors ranging from blue to reddish
purple. There are some other substances, which also produce colors with this
reagent. No confusion, however, should arise once the operator is familiar with
the specific colors given by the opium alkaloids. It is therefore essential that the
test be observed with known samples before any unknown is tested.

Making the Test – In making drug tests, the following are considered:

1. Allow the reagent to drain to one end of the ampul


2. Break the ampul between the fingers along the scored line.
3. Introduce a small bit of sample into the open end of one-half of the sample
by scraping a cube or pinch of powder held between the fingers with a
sharp edge. Tap the closed end so as to shake the sample further into the
tube and thus bring it into contact with the reagent.
4. After the test, the ampul should be rinsed with water before discarding.

*** DO NOT THROW AMPUL IN WASH BAIN OR SINK.

NOTE: The value of this test lies in the fact that a positive reaction
indicates the presence of an opium derivative. A negative result does
not rule out the possiblity of the sample being a prohibited drug since
cocaine, methadone, demerol, dromoran, etc. do not give positive
results with this reagent. A suspected sample that gives a negative
result should be submitted to the laboratory for examination.

General Drug Tests

Drugs Test Used Color Reaction

Opium Marquis test Purple/Violet


Heroin Nitric Acid Yellow-Green
Morphine Nitric Acid Red Orange
Cocaine Cobalt Thiocyanate Blue
Barbiturates Dille-Kopanyi test Violet
Or the Zwikker test Blue color
Amphetamines Marquis test Red/Orange -Brown
LSD Para Amino BenZoic Acid(PABA) Purple
113

Marijuana Duquenois-Levine test or KN Test Red Bottom layer


Shabu Symone’s test Purple

FIELD DRUG TESTING

Field Tests for Methadone

This narcotic drug, known also as Amidone, Dolophine and di-6


dimethylamide-4, 4- diphenyl-3-heptanone hydrochloride, can be detected in the
presence of some other drugs by employing the reagent and technique as set
forth below. After solution is effected, filtration of the sample is desirable but not
essential to the success of the method, since insoluble substance such as starch,
talc, etc. are not blue in color.

Reagent: Dissolve 1 gm of cobalt acetate, nitrate or chloride and 1/5 gm of


potassium thiocyanate in 90 ml of water and 10ml of glacial acetic acid.

Test: Dissolve the sample in a minimum amount of water, Filter. Add 2 or


3 drops of the reagent to the filtrate. Shake for about 1 minute. A blue precipitate
indicates the presence of methadone.

Field Test for Cocaine, Demerol and Methadone

This field test for cocaine, demerol and methadone was developed by the
U.S. Customs Laboratory, in Baltimore, Maryland in 1961 and has been
successful use since then.

The field test is based on a modification of the well-known cobalt


thiocyanate color test that produces a blue color in the presence of cocaine. The
customs field test is a stable single-solution version of the thiocyanate test and is
the most specific cocaine color test available at this time.

The field test is not intended to replace more specific laboratory


determination and should be used only as a preliminary test. Some non-narcotic
substances, such as certain antihistamines, are known to give a color with cobalt
thiocyanate.
114

The test is simple to perform. The ampul should be broken at the point
where the glass is scored and the powdered sample introduced into the open
end of the half of the ampul should NOT BE SHAKEN. A blue color is indicative
of cocaine, demerol or methadone give stronger blues than that demerol. For
each of the three narcotics, the strength of their blue in the ampuls is
proportionate to their active content. The ampul contains a dilute acid and should
be discarded in a place where water can be used to delute the acid.

Field Tests for Marijuana

NOTE: Do not rely on chemical tests alone. Always examine the material
with a microscope or hand lens. Cannabis Sativa, or marijuana, can be quickly
and positively identified by subjecting the sample to the following tests:

Microscopic - Using a magnification of approximately 30 diameters, the


leaves, small twigs, seed hulls and flowering tops exhibit a characteristics warty
appearance due to the presence of non-glandular hairs which contain at their
base called spheriodal cystolith of calcium carbonate. Adding a drop of diluted
hydrochloric acid to the slide and noting the effervescence may show the
presence of carbonate. Many of the cystolithic hairs appear in the shape of bear
claws. The seed or fruit, deprived of its hull, under the same magnification,
presents a mottled effect and gives the viewer the impression he is looking at a
hulled coconut or nutmeg. A comparison with an authentic sample is most
desirable.

Chemical - The Duquenois-Levine Test has been found to be the only


satisfactory chemical test for the identification of marijuana. The chloroform
soluble color developed in this test is due to the presence of tetrahydrocannbinol
(THC) which is the active principal of the marijuana plant.

Reagents - Duquenois Reagent – Dissolve 5 drops of acetaldehyde and


0.4 gm. of vanillin in 20 ml of 95% ethyl alcohol. (This reagent may be kept for
some time in glass-stoppered bottles in a cool dark place. It should be discarded
after it assumes a deep yellow color).

- Add a pinch of suspected marijuana to a test tube containing about 2


ml (one teaspoon) Duquenois reagent.
- Add an equal amount (2ml) of concentrated hydrochloric acid. Stir with
a glass rod or shake the test tube in a circular motion to mix its
contents. CAUTION – Do not splash acid contents on body or clothing.
Allow the test tube to stand for 10 minutes, or until a color develops.
115

- Decant the liquid into a second test tube. Add 2ml of chloroform.
Stopper and shake. If marijuana is present, a violet or indigo-violet
color will be transferred to the bottom (chloroform) layer.
Seeds – When a sample consists entirely of seeds, their identity alone is
not sufficient to bring them within the purview of the law, which requires them to
be fertile. To establish their fertility a number of the seeds should be placed in a
suitable container with moist paper pulp or wet vermiculite, and place in a warm
dark place until germination takes place. When reporting a sample containing
marijuana seeds alone, their fertility should always be stated.
Field Test for Amphetamines

This field test for identifying amphetamines is useful in screening out


caffeine, vitamins, or other substitutes proffered as amphetamines.

Test Material – The test material consists of 2 or 3 drops of Marquis


reagent (2 drops of 37% formaldehyde in 3 ml of concentrated sulfuric acid) in a
small glass ampul.

Test Procedure – Break the ampul at the scored center and place 1 or 2
drops of the reagent on the sample. This should be done on a glass ashtray,
inverted tumbler, etc. Amphetamines react with the reagent to give a red-orange
color, turning to reddish and then dark brown within 1 or 2 minutes. The reagent
gives this characteristics color reaction when applied to white, pink, yellow,
peach or green amphetamine tablets.

The speed within which the color is formed appears to depend upon the
hardness of the tablet. The red-orange color forms immediately of some tablets
while with others it appears in 10 to 20 second. Therefore, the critical period of
color differentiation for amphetamines is within the first 20 seconds. The peach-
colored caffeine tablet gives a color, which might cause some confusion. The
difference between the color formed by this tablet by this tablet and that formed
by a peach-colored amphetamine tablet are crushed before the reagent is
applied. Once the difference is seen, there should be no trouble in distinguishing
one from the other.

Amphetamine powder and tablets – Red-orange onset to reddish brown to


dark brown within a couple of minutes, Caffeine powder and tablets - no color
reaction, Methamphetamine and tablets – Red-orange onset to reddish brown to
dark brown in 1 to 2 minutes, Phenyl tertiary butylamine HCI – Same color
change as amphetamines, Wyamine sulfate – Same color change as
amphetamines.
116

Field Test for Barbiturates

For the tentative identification of the barbiturates, the Zwikker test is used.
Zwikker Test – An anhydrous methanol solution of the barbiturate upon several
drops of cobalt chloride in methanol solution gives a bluish color, which changes
to dark blue upon being alkalized with a 5% isopropylamine in methanol. The
Atkinson Laboratory, 33031 Fierro Street, Los Angeles, California, manufactures
a compact kit that utilized the Zwikker Test.
Test Material – The Zwikker Test Kit consists of a small plastic bag
containing three solutions in plastics dropping bottles and small porcelain spot
plate. Solution # 1 – Anhydours methanol, Solution # 2 – Cobalt chloride
dissolved in methanol, Solution # 3 – 5% isopropylamine in methanol. CAUTION:
The above solutions are volatile and inflammable. They should be kept sealed.

Test Procedure – The following shall be considered:


1. Place part of sample into spot-tester, (enough to cover letter “O” on a
typewriter key).
2. Put two drops of solution # 1 on sample in spot-tester. (Sample should
dissolve.)
3. Add two drops of solution # 2 (This may produce a violet or a blue
color.)
4. Add tow drops of solution # 3. (If color deepens to a darker violet of
blue, this indicates presumption presence of barbiturate.) The solution
will become contaminated. Wash and dry spot-test plat after use.

NARCOTIC DEATH INVESTIGATION

A common occurrence in the drug culture is the death of a user.


Investigation of a narcotic death is divided into three (3) phases: the SCENE
investigation, the MEDICAL investigation, and the TOXICOLOGICAL
investigation. An officer involved in such a case should determine the manner of
death, that is, whether homicide, suicide or accidental. All of the factors and
elements of the scene must be accurately and completely recorded. This will
assist the medical examiner in determining the cause of death.

Physiological Effect of Narcotic Ingestion

The ingestion of narcotics or dangerous drugs poisons the body. This is


poisoning effect will leads to a paralysis of the respiratory center or cause heart
117

failure. This, the, will deny the body a sufficient amount of oxygen. Evident or
visible signs, which remain after death, often accompany the effects of a
particular drug on the human body for the trained observe. These signs are result
of symptoms experienced by the victim prior to death. Following is a partial listing
of the more dangerous drugs, the minimum lethal dose, symptoms and cause of
death:

Poison Symptoms/Cause of Death


Codeine Nausea, dizziness, Constipation, Respiratory
failure

Heroin &
Morphine Sweating, loss of appetite, nausea (Vomiting),
Constipation, itching, thirst, cyanosis, respiratory
failure

Barbiturates lower body temperature, cyanosis, cold extremities


skin rash, constipation, respiratory arrest of
pneumonia

Cocaine nausea, vomiting, chills, sweating, thirst, convulsions,


circulatory and respiratory failure

Amphetamine Chills, sweating, diarrhea, constipation, nausea,


vomiting, cramps, thirst, convulsions, petechial
hemorrhages
The Scene of Death

During investigation of the scene, you should recognize and relate


seemingly insignificant items or material, which would justify a conclusion of
narcotic involvement. The following are just some of such items:

1. Paraphernalia (or “works”) – Tools or implements used in administering


narcotics. These may include the obvious syringe and needle, tourniquet,
spoon or bottle top “cookies” and tinfoil packet. Also included are small
balls of cotton, capsules and envelopes, and a book of matches.
2. Narcotic Medication – Laudanum, paregoric, codeine cough syrup, all
utilized as “carryovers” until the next fix.
3. Maalox –Milk of Magnesia – Medication used to relieve nausea, vomiting,
constipation, cramps or diarrhea.
118

4. Absence of Nutritional Food – Loss of appetite is a symptom of poisoning.


Presence of candy or soft drinks indicates low insulin count.
5. Body Fluids – Presence of urine, feces, mucus or vomitus on the scene
may be evidence of the body attempting to rid itself of poisoned
substance.
6. Clothing or Bed Linens – which may be sweat-stained or soaking wet from
the victim having hot and cold flashes, should be collected and analyzed.
7. Lack of Ordinary Cleanliness – Dependent user is not concerned in most
cases with the environment or health, and this is shown by a neglect of
both.
8. Wet Body – Evidence of body being immersed in tub or shower, or having
ice cubes placed in underclothes or in private parts. It is a common
mistake uses make in thinking this helps in overdose cases. Salt water
may also be injected into the victim. Hospitals use Narcan as antidote.
9. Nylon Stoking – Stretched over a hanger used as sieve.
10. Playing Card – with the powder, may have been used to “smack” (cut)
heroin. The card is usually on top of a record album or similar.
11. Merchandise – Small items which are easily carried and disposed of after,
being stolen-radios, watches, portable TVs, radios, etc.

The Body Signs

1. Cyanosis – bluish discoloration of the face and /or fingernails due to


insufficient oxygenation of the blood caused by increase in carbon dioxide
in the body.
2. Petechial Hemorrhages – Pinpoint spots of discoloration resulting from
capability ruptures due to pressure and generally observed in the eyes,
eyelids, behind the ears and internally.
3. Form or Froth – Observed in mouth and nose, may be white or pinkish
and caused by fluids entering the air passages.
4. Hematoma – A localized swelling on any par to the body caused by
bleeding beneath the surface of the skin. This is caused by “skin popping”
rather that vein injections.

5. Needle marks/tracks – Visual evidence of repeated intravenous


injections. The tracks will follow a vein (exception “skin popping”) and
result in a dark discoloration and eventual collapse of the vein.
6. Scar – Skin imperfection caused by the victim in removing needle mark
scabs, added to uncleanness of the victim.
7. Rash/scratched Skin – External body signs of morphine or heroin
poisoning.
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8. Asphyxia- When it is the cause the death, it is often accompanied by


external body changes. These changes, visible to the naked eye, are not
restricted to narcotic-related deaths and may be found in other asphyxia
deaths, such as hearth attack, drowning, hanging, etc. They must be
noted, photographed and reported to the pathologist during the pre-
autopsy interview.

Victim’s History

Historical date on the victim would include his criminal record (local,
national and international and international); medical record (of a private doctor,
hospitals, clinics, etc. and any mental treatment or attempts at suicide); social
(relatives, friends, neighbors, co-workers); marital (past or present); and financial
records.

When interviewing users or person possibly involved in narcotics traffic,


you should use straight language rather than attempt street talk because slang
constantly changes. You must determine the extent of decedent’s addiction, his
familiarity with other drugs, whether he had a steady source of the drugs or
continuously shopped around, and other matters relative to his personal history.
Medical Phase

This is the most important stage of the narcotics death investigation. Since
the pathologist will rarely be able to examine the body at the death scene, you
should note every detail, which may be of medico-legal importance and make a
complete report on this.

You should attend the autopsy yourself. Make sure that the following
specimens are submitted for narcotics, alcohol or other foreign matter. Heroin is
quickly changed to morphine after entering the body, and clears the blood in
approximately ½ hour remains in the urine about 24 hours and in the bile for ¾
days.
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WORK EXERCISE NO. 7

Name:__________________________________ Rating:____________________
Section:_____________ Date:_______________ Professor:_________________

Multiple Choice. Encircle only the letter which corresponds to the answer of
your best choice.
1. A “user” is one who injects, intravenously or intramuscularly, or consumes,
either by chewing, smoking, sniffing, eating, swallowing, drinking, or otherwise
introducing into the physiological system of the body, any of the dangerous
drugs.
A. The Addict or User
B. The Pusher
C. The Coddler
D. The Financier
2. These include opium and its active components and derivatives, the coca leaf
and beta eucaine, and the hallucinogenic drugs.
A. Morphine
B. Shabu
C. Cocaine
D. The Narcotic Evidence
121

3. Refers to the coagulated juice of the opium poppy and embraces every kind,
character and class of opium, whether crude of prepared;
A. Heroin
B. Opium
C. Cocaine
D. Marijuana Resin Oil
4. (Dimorphine Hydrochloride/ Diacetylmorphine) is a white, odorless, crystalline
powder with a very bitter taste.
A. Heroin
B. Opium
C. Cocaine
D. Marijuana Resin Oil
5. (Methyl ecgonine) (C12 H 21n O4) is an alkaloid obtained from the leaves of
Erythorxylon coca and the other species of Erthroxlon Linne, or by synthesis from
ecgoine and its derivatives.
A. Heroin
B. Opium
C. Cocaine
D. Marijuana Resin Oil
6. Was the first local anaesthetic to be discovered.
A. Heroin
B. Opium
C. Cocaine
D. Amphetamine
7. Is a seasonal plant grown from seed. Depending on soil and weather
condition, it grows approximately 20 feet. The leaves come in clusters of 3,5,7,9
to 13 leaflets. The leaflets are elongated with the tip pointed and the sides
serrated.
A. Marijuana
B. Opium poppy
C. Resin Oil
D. Nicotine
8. These are the drugs that are capable of creating hallucinations in the mind of
the taker such as Lysergic acid diethylamide commonly known as LSD and other
drugs falling under this category are DMT, STP, peyote and morning glory seeds.
A. Narcotics Drugs
B. Depressant Drugs
C. Stimulants Drugs
D. Hallucinogen Drugs
9. Those having the same physiological action as a narcotic drug, such as
methadone and demerol.
122

A. Synthetic Drugs
B. Natural Drugs
C. Stimulants Drugs
D. Hallucinogen Drugs
10. Stimulate the central nervous system and have the ability to combat fatigue
and sleepiness. These are also known as uppers.
A. Heroin
B. Opium
C. Cocaine
D. Amphetamines

APPENDIX A

Republic of the Philippines


Congress of the Philippines
Metro Manila

Sixteenth Congress

First Regular Session

Begun and held in Metro Manila, on Monday, the twenty-second day of July, two
thousand thirteen.

[REPUBLIC ACT NO. 10640]

AN ACT TO FURTHER STRENGTHEN THE ANTI-DRUG CAMPAIGN OF THE


GOVERNMENT, AMENDING FOR THE PURPOSE SECTION 21 OF
REPUBLIC ACT NO. 9165, OTHERWISE KNOWN AS THE
“COMPREHENSIVE DANGEROUS DRUGS ACT OF 2002″

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


Congress assembled:
123

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 person/s 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.

“x x x

“(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 examination report shall be provisionally issued stating therein the
quantities of dangerous drugs still to be examined by the forensic laboratory:
Provided, however, That a final certification shall be issued immediately upon
completion of the said examination and certification;
124

“x x x.”

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 (DO J) and relevant sectors to curb increasing
drug cases.

SEC. 3. Separability Clause. – If any provision or part hereof is 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 in at least two (2) newspapers of general circulation.

Approved,

(Sgd.) FELICIANO BELMONTE JR.


(Sgd.) FRANKLIN M. DRILON
Speaker of the House
President of the Senate
of Representatives

This Act which is a consolidation of House Bill 2285 and Senate Bill No. 2273
was finally passed by the House of Representatives and the Senate on June 9,
2014.

(Sgd.) MARILYN B. BARUA-YAP


(Sgd.) OSCAR G. YABES
Secretary General
Secretary of the Senate
House of Representatives

Approved: JUL 15 2014

(Sgd.) BENIGNO S. AQUINO III


President of the Philippines
125

APPENDIX B

Congress of the Philippines


Twelfth Congress
First Regular Session

REPUBLIC ACT NO. 9165       June 7, 2002

AN ACT INSTITUTING THE COMPREHENSIVE DANGEROUS DRUGS ACT


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

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


Congress

Section 1. Short Title. – This Act shall be known and cited as the
"Comprehensive Dangerous Drugs Act of 2002".

Section 2. Declaration of Policy. – It is the policy of the State to safeguard the


integrity of its territory and the well-being of its citizenry particularly the youth,
from the harmful effects of dangerous drugs on their physical and mental well-
being, and to defend the same against acts or omissions detrimental to their
development and preservation. In view of the foregoing, the State needs to
enhance further the efficacy of the law against dangerous drugs, it being one of
today's more serious social ills.

Toward this end, the government shall pursue an intensive and unrelenting
campaign against the trafficking and use of dangerous drugs and other similar
126

substances through an integrated system of planning, implementation and


enforcement of anti-drug abuse policies, programs, and projects. The
government shall however aim to achieve a balance in the national drug control
program so that people with legitimate medical needs are not prevented from
being treated with adequate amounts of appropriate medications, which include
the use of dangerous drugs.

It is further declared the policy of the State to provide effective mechanisms or


measures to re-integrate into society individuals who have fallen victims to drug
abuse or dangerous drug dependence through sustainable programs of
treatment and rehabilitation.

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 body of any
person, with or without his/her knowledge, by injection, inhalation, ingestion or
other means, or of committing any act of indispensable assistance to a person in
administering 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. – Any facility used for the illegal manufacture of any
dangerous drug and/or controlled precursor and essential chemical.

(f) Confirmatory Test. – An analytical test using a device, tool or equipment with a
different chemical or physical principle that is more specific which will validate
and confirm the result of the screening test.
127

(g) Controlled Delivery. – The investigative technique of allowing an unlawful or


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

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


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

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


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

(j) Dangerous Drugs. – Include those listed in the Schedules annexed to the
1961 Single Convention on Narcotic Drugs, as amended by the 1972 Protocol,
and in the Schedules annexed to the 1971 Single Convention on Psychotropic
Substances as enumerated in the attached annex which is an integral part of this
Act.

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


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

(l) Den, Dive or Resort. – A place where any dangerous drug and/or controlled
precursor and essential chemical is administered, delivered, stored for illegal
purposes, distributed, sold or used in any form.

(m) Dispense. – Any act of giving away, selling or distributing medicine or any
dangerous drug with or without the use of prescription.

(n) Drug Dependence. – As based on the World Health Organization definition, it


is a cluster of physiological, behavioral and cognitive phenomena of variable
intensity, in which the use of psychoactive drug takes on a high priority thereby
involving, among others, a strong desire or a sense of compulsion to take the
substance and the difficulties in controlling substance-taking behavior in terms of
its onset, termination, or levels of use.

(o) Drug Syndicate. – Any organized group of two (2) or more persons forming or
joining together with the intention of committing any offense prescribed under this
Act.

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


lookout, and other persons working in the den, dive or resort, employed by the
128

maintainer, owner and/or operator where any dangerous drug and/or controlled
precursor and essential chemical is administered, delivered, distributed, sold or
used, with or without compensation, in connection with the operation thereof.

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

(r) Illegal Trafficking. – The illegal cultivation, culture, delivery, administration,


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

(s) Instrument. – Any thing that is used in or intended to be used in any manner
in the commission of illegal drug trafficking or related offenses.

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


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

(u) Manufacture. – The production, preparation, compounding or processing of


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

(v) Cannabis or commonly known as "Marijuana" or "Indian Hemp" or by its any


other name. – Embraces every kind, class, genus, or specie of the
plant Cannabis sativa L. including, but not limited to, Cannabis
americana, hashish, bhang, guaza, churrus and ganjab, and embraces every
kind, class and character of marijuana, whether dried or fresh and flowering,
flowering or fruiting tops, or any part or portion of the plant and seeds thereof,
and all its geographic varieties, whether as a reefer, resin, extract, tincture or in
any form whatsoever.

(w) Methylenedioxymethamphetamine (MDMA) or commonly known as


"Ecstasy", or by its any other name. – Refers to the drug having such chemical
composition, including any of its isomers or derivatives in any form.
129

(x) Methamphetamine Hydrochloride or commonly known as "Shabu", "Ice",


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

(y) Opium. – Refers to the coagulated juice of the opium poppy (Papaver
somniferum L.) and embraces every kind, class and character of opium, whether
crude or prepared; the ashes or refuse of the same; narcotic preparations thereof
or therefrom; morphine or any alkaloid of opium; preparations in which opium,
morphine or any alkaloid of opium enters as an ingredient; opium poppy; opium
poppy straw; and leaves or wrappings of opium leaves, whether prepared for use
or not.

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

(aa) PDEA. – Refers to the Philippine Drug Enforcement Agency under Section
82, Article IX of this Act.

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


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

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

(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
130

transit or transports dangerous drugs or who acts as a broker in any of such


transactions, in violation of this Act.

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


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

(hh) Screening Test. – A rapid test performed to establish potential/presumptive


positive result.

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

(jj) Trading. – Transactions involving the illegal trafficking of dangerous drugs


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

(kk) Use. – Any act of injecting, intravenously or intramuscularly, of consuming,


either by chewing, smoking, sniffing, eating, swallowing, drinking or otherwise
introducing into the physiological system of the body, and of the dangerous
drugs.

ARTICLE II

Unlawful Acts and Penalties

Section 4. Importation of Dangerous Drugs and/or Controlled Precursors and


Essential Chemicals.- .The penalty of life imprisonment to death and a ranging
from Five hundred thousand pesos (P500,000.00) to Ten million pesos
(P10,000,000.00) shall be imposed upon any person, who, unless authorized by
law, shall import or bring into the Philippines any dangerous drug, regardless of
the quantity and purity involved, including any and all species of opium poppy or
any part thereof or substances derived therefrom even for floral, decorative and
culinary purposes.

The penalty of imprisonment ranging from twelve (12) years and one (1) day to
twenty (20) years and a fine ranging from One hundred thousand pesos
(P100,000.00) to Five hundred thousand pesos (P500,000.00) shall be imposed
upon any person, who, unless authorized by law, shall import any controlled
precursor and essential chemical.
131

The maximum penalty provided for under this Section shall be imposed upon any
person, who, unless authorized under this Act, shall import or bring into the
Philippines any dangerous drug and/or controlled precursor and essential
chemical through the use of a diplomatic passport, diplomatic facilities or any
other means involving his/her official status intended to facilitate the unlawful
entry of the same. In addition, the diplomatic passport shall be confiscated and
canceled.

The maximum penalty provided for under this Section shall be imposed upon any
person, who organizes, manages or acts as a "financier" of any of the illegal
activities prescribed in this Section.

The penalty of twelve (12) years and one (1) day to twenty (20) years of
imprisonment and a fine ranging from One hundred thousand pesos
(P100,000.00) to Five hundred thousand pesos (P500,000.00) shall be imposed
upon any person, who acts as a "protector/coddler" of any violator of the
provisions under 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 (P500,000.00) to Ten million pesos
(P10,000,000.00) 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 dangerous drug, including any and
all species of opium poppy regardless of the quantity and purity involved, or shall
act as a broker in any of such transactions.

The penalty of imprisonment ranging from twelve (12) years and one (1) day to
twenty (20) years and a fine ranging from One hundred thousand pesos
(P100,000.00) to Five hundred thousand pesos (P500,000.00) 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 transpires 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 in any other capacity directly connected to
the dangerous drugs and/or controlled precursors and essential chemical trade,
the maximum penalty shall be imposed in every case.
132

If the victim of the offense is a minor or a mentally incapacitated individual, or


should a dangerous drug and/or a controlled precursor and essential chemical
involved in any offense herein provided be the proximate cause of death of a
victim thereof, the maximum penalty provided for under this Section shall be
imposed.

The maximum penalty provided for under this Section shall be imposed upon any
person who organizes, manages or acts as a "financier" of any of the illegal
activities prescribed in this Section.

The penalty of twelve (12) years and one (1) day to twenty (20) years of
imprisonment and a fine ranging from One hundred thousand pesos
(P100,000.00) to Five hundred thousand pesos (P500,000.00) shall be imposed
upon any person, who acts as a "protector/coddler" of any violator of the
provisions under this Section.

Section 6. Maintenance of a Den, Dive or Resort. - The penalty of life


imprisonment to death and a fine ranging from Five hundred thousand pesos
(P500,000.00) to Ten million pesos (P10,000,000.00) shall be imposed upon any
person or group of persons who shall maintain a den, dive or resort where any
dangerous drug is used or sold in any form.

The penalty of imprisonment ranging from twelve (12) years and one (1) day to
twenty (20) years and a fine ranging from One hundred thousand pesos
(P100,000.00) to Five hundred thousand pesos (P500,000.00) shall be imposed
upon any person or group of persons who shall maintain a den, dive, or resort
where any controlled precursor and essential chemical is used or sold in any
form.

The maximum penalty provided for under this Section shall be imposed in every
case where any dangerous drug is administered, delivered or sold to a minor
who is allowed to use the same in such a place.

Should any dangerous drug be the proximate cause of the death of a person
using the same in such den, dive or resort, the penalty of death and a fine
ranging from One million (P1,000,000.00) to Fifteen million pesos (P500,000.00)
shall be imposed on the maintainer, owner and/or operator.

If such den, dive or resort is owned by a third person, the same shall be
confiscated and escheated in favor of the government: Provided, That the
criminal complaint shall specifically allege that such place is intentionally used in
the furtherance of the crime: Provided, further, That the prosecution shall prove
such intent on the part of the owner to use the property for such
purpose: Provided, finally, That the owner shall be included as an accused in the
criminal complaint.
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The maximum penalty provided for under this Section shall be imposed upon any
person who organizes, manages or acts as a "financier" of any of the illegal
activities prescribed in this Section.

The penalty twelve (12) years and one (1) day to twenty (20) years of
imprisonment and a fine ranging from One hundred thousand pesos
(P100,000.00) to Five hundred thousand pesos (P500,000.00) shall be imposed
upon any person, who acts as a "protector/coddler" of any violator of the
provisions under this Section.

Section 7. Employees and Visitors of a Den, Dive or Resort. - The penalty of


imprisonment ranging from twelve (12) years and one (1) day to twenty (20)
years and a fine ranging from One hundred thousand pesos (P100,000.00) to
Five hundred thousand pesos (P500,000.00) 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

Section 8. Manufacture of Dangerous Drugs and/or Controlled Precursors and


Essential Chemicals. - The penalty of life imprisonment to death and a fine
ranging Five hundred thousand pesos (P500,000.00) to Ten million pesos
(P10,000,000.00) shall be imposed upon any person, who, unless authorized by
law, shall engage in the manufacture of any dangerous drug.

The penalty of imprisonment ranging from twelve (12) years and one (1) day to
twenty (20) years and a fine ranging from One hundred thousand pesos
(P100,000.00) to Five hundred thousand pesos (P500,000.00) shall be imposed
upon any person, who, unless authorized by law, shall manufacture any
controlled precursor and essential chemical.

The presence of any controlled precursor and essential chemical or laboratory


equipment in the clandestine laboratory is a prima facie proof of manufacture of
any dangerous drug. It shall be considered an aggravating circumstance if the
clandestine laboratory is undertaken or established under the following
circumstances:

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


presence or with the help of minor/s:

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


within one hundred (100) meters of a residential, business, church or
school premises;
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(c) Any clandestine laboratory was secured or protected with booby traps;

(d) Any clandestine laboratory was concealed with legitimate business


operations; or

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


foreigner.

The maximum penalty provided for under this Section shall be imposed upon any
person, who organizes, manages or acts as a "financier" of any of the illegal
activities prescribed in this Section.

The penalty of twelve (12) years and one (1) day to twenty (20) years of
imprisonment and a fine ranging from One hundred thousand pesos
(P100,000.00) to Five hundred thousand pesos (P500,000.00) shall be imposed
upon any person, who acts as a "protector/coddler" of any violator of the
provisions under this Section.

Section 9. Illegal Chemical Diversion of Controlled Precursors and Essential


Chemicals. - The penalty of imprisonment ranging from twelve (12) years and
one (1) day to twenty (20) years and a fine ranging from One hundred thousand
pesos (P100,000.00) to Five hundred thousand pesos (P500,000.00) shall be
imposed upon any person, who, unless authorized by law, shall illegally divert
any controlled precursor and essential chemical.

Section 10. Manufacture or Delivery of Equipment, Instrument, Apparatus, and


Other Paraphernalia for Dangerous Drugs and/or Controlled Precursors and
Essential Chemicals. - The penalty of imprisonment ranging from twelve (12)
years and one (1) day to twenty (20) years and a fine ranging from One hundred
thousand pesos (P100,000.00) to Five hundred thousand pesos (P500,000.00)
shall be imposed upon any person who shall deliver, possess with intent to
deliver, or manufacture with intent to deliver equipment, instrument, apparatus
and other paraphernalia for dangerous drugs, knowing, or under circumstances
where one reasonably should know, that it will be used to plant, propagate,
cultivate, grow, harvest, manufacture, compound, convert, produce, process,
prepare, test, analyze, pack, repack, store, contain or conceal any dangerous
drug and/or controlled precursor and essential chemical in violation of this Act.

The penalty of imprisonment ranging from six (6) months and one (1) day to four
(4) years and a fine ranging from Ten thousand pesos (P10,000.00) to Fifty
thousand pesos (P50,000.00) shall be imposed if it will be used to inject, ingest,
inhale or otherwise introduce into the human body a dangerous drug in violation
of this Act.
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The maximum penalty provided for under this Section shall be imposed upon any
person, who uses a minor or a mentally incapacitated individual to deliver such
equipment, instrument, apparatus and other paraphernalia for dangerous drugs.

Section 11. Possession of Dangerous Drugs. - The penalty of life imprisonment


to death and a fine ranging from Five hundred thousand pesos (P500,000.00) to
Ten million pesos (P10,000,000.00) 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:

(1) 10 grams or more of opium;

(2) 10 grams or more of morphine;

(3) 10 grams or more of heroin;

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

(5) 50 grams or more of methamphetamine hydrochloride or "shabu";

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

(7) 500 grams or more of marijuana; and

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

Otherwise, if the quantity involved is less than the foregoing quantities, the
penalties shall be graduated as follows:

(1) Life imprisonment and a fine ranging from Four hundred thousand
pesos (P400,000.00) to Five hundred thousand pesos (P500,000.00), if
the quantity of methamphetamine hydrochloride or "shabu" is ten (10)
grams or more but less than fifty (50) grams;

(2) Imprisonment of twenty (20) years and one (1) day to life imprisonment
and a fine ranging from Four hundred thousand pesos (P400,000.00) to
Five hundred thousand pesos (P500,000.00), if the quantities of
dangerous drugs are five (5) grams or more but less than ten (10) grams
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of opium, morphine, heroin, cocaine or cocaine hydrochloride, marijuana


resin or marijuana resin oil, methamphetamine hydrochloride or "shabu",
or other dangerous drugs such as, but not limited to, MDMA or "ecstasy",
PMA, TMA, LSD, GHB, and those similarly designed or newly introduced
drugs and their derivatives, without having any therapeutic value or if the
quantity possessed is far beyond therapeutic requirements; or three
hundred (300) grams or more but less than five (hundred) 500) grams of
marijuana; and

(3) Imprisonment of twelve (12) years and one (1) day to twenty (20) years
and a fine ranging from Three hundred thousand pesos (P300,000.00) to
Four hundred thousand pesos (P400,000.00), if the quantities of
dangerous drugs are less than five (5) grams of opium, morphine, heroin,
cocaine or cocaine hydrochloride, marijuana resin or marijuana resin oil,
methamphetamine hydrochloride or "shabu", or other dangerous drugs
such as, but not limited to, MDMA or "ecstasy", PMA, TMA, LSD, GHB,
and those similarly designed or newly introduced drugs and their
derivatives, without having any therapeutic value or if the quantity
possessed is far beyond therapeutic requirements; or less than three
hundred (300) grams of marijuana.

Section 12. Possession of Equipment, Instrument, Apparatus and Other


Paraphernalia for Dangerous Drugs. - The penalty of imprisonment ranging from
six (6) months and one (1) day to four (4) years and a fine ranging from Ten
thousand pesos (P10,000.00) to Fifty thousand pesos (P50,000.00) shall be
imposed upon any person, who, unless authorized by law, shall possess or have
under his/her control any equipment, instrument, apparatus and other
paraphernalia fit or intended for smoking, consuming, administering, injecting,
ingesting, or introducing any dangerous drug into the body: Provided, That in the
case of medical practitioners and various professionals who are required to carry
such equipment, instrument, apparatus and other paraphernalia in the practice of
their profession, the Board shall prescribe the necessary implementing guidelines
thereof.

The possession of such equipment, instrument, apparatus and other


paraphernalia fit or intended for any of the purposes enumerated in the preceding
paragraph shall be prima facie evidence that the possessor has smoked,
consumed, administered to himself/herself, injected, ingested or used a
dangerous drug and shall be presumed to have violated Section 15 of this Act.

Section 13. Possession of Dangerous Drugs During Parties, Social Gatherings


or Meetings. – Any person found possessing any dangerous drug during a party,
or at a social gathering or meeting, or in the proximate company of at least two
(2) persons, shall suffer the maximum penalties provided for in Section 11 of this
Act, regardless of the quantity and purity of such dangerous drugs.
137

Section 14. Possession of Equipment, Instrument, Apparatus and Other


Paraphernalia for Dangerous Drugs During Parties, Social Gatherings or
Meetings. - The maximum penalty provided for in Section 12 of this Act shall be
imposed upon any person, who shall possess or have under his/her control any
equipment, instrument, apparatus and other paraphernalia fit or intended for
smoking, consuming, administering, injecting, ingesting, or introducing any
dangerous drug into the body, during parties, social gatherings or meetings, or in
the proximate company of at least two (2) persons.

Section 15. Use of Dangerous Drugs. – A person apprehended or arrested, who


is found to be positive for use of any dangerous drug, after a confirmatory test,
shall be imposed a penalty of a minimum of six (6) months rehabilitation in a
government center for the first offense, subject to the provisions of Article VIII of
this Act. If apprehended using any dangerous drug 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
(P50,000.00) to Two hundred thousand pesos (P200,000.00): 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.

Section 16. Cultivation or Culture of Plants Classified as Dangerous Drugs or


are Sources Thereof. - The penalty of life imprisonment to death and a fine
ranging from Five hundred thousand pesos (P500,000.00) to Ten million pesos
(P10,000,000.00) shall be imposed upon any person, 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: Provided, That in the case
of medical laboratories and medical research centers which cultivate or culture
marijuana, opium poppy and other plants, or materials of such dangerous drugs
for medical experiments and research purposes, or for the creation of new types
of medicine, the Board shall prescribe the necessary implementing guidelines for
the proper cultivation, culture, handling, experimentation and disposal of such
plants and materials.

The land or portions thereof and/or greenhouses on which any of said plants is
cultivated or cultured shall be confiscated and escheated in favor of the State,
unless the owner thereof can prove lack of knowledge of such cultivation or
culture despite the exercise of due diligence on his/her part. If the land involved
is part of the public domain, the maximum penalty provided for under this Section
shall be imposed upon the offender.

The maximum penalty provided for under this Section shall be imposed upon any
person, who organizes, manages or acts as a "financier" of any of the illegal
activities prescribed in this Section.
138

The penalty of twelve (12) years and one (1) day to twenty (20) years of
imprisonment and a fine ranging from One hundred thousand pesos
(P100,000.00) to Five hundred thousand pesos (P500,000.00) shall be imposed
upon any person, who acts as a "protector/coddler" of any violator of the
provisions under this Section.

Section 17. Maintenance and Keeping of Original Records of Transactions on


Dangerous Drugs and/or Controlled Precursors and Essential Chemicals. - The
penalty of imprisonment ranging from one (1) year and one (1) day to six (6)
years and a fine ranging from Ten thousand pesos (P10,000.00) to Fifty
thousand pesos (P50,000.00) shall be imposed upon any practitioner,
manufacturer, wholesaler, importer, distributor, dealer or retailer who violates or
fails to comply with the maintenance and keeping of the original records of
transactions on any dangerous drug and/or controlled precursor and essential
chemical in accordance with Section 40 of this Act.

An additional penalty shall be imposed through the revocation of the license to


practice his/her profession, in case of a practitioner, or of the business, in case of
a manufacturer, seller, importer, distributor, dealer or retailer.

Section 18. Unnecessary Prescription of Dangerous Drugs. – The penalty of


imprisonment ranging from twelve (12) years and one (1) day to twenty (20)
years and a fine ranging from One hundred thousand pesos (P100,000.00) to
Five hundred thousand pesos (P500,000.00) and the additional penalty of the
revocation of his/her license to practice shall be imposed upon the practitioner,
who shall prescribe any dangerous drug to any person whose physical or
physiological condition does not require the use or in the dosage prescribed
therein, as determined by the Board in consultation with recognized competent
experts who are authorized representatives of professional organizations of
practitioners, particularly those who are involved in the care of persons with
severe pain.

Section 19. Unlawful Prescription of Dangerous Drugs. – The penalty of life


imprisonment to death and a fine ranging from Five hundred thousand pesos
(P500,000.00) to Ten million pesos (P10,000,000.00) shall be imposed upon any
person, who, unless authorized by law, shall make or issue a prescription or any
other writing purporting to be a prescription for any dangerous drug.

Section 20. Confiscation and Forfeiture of the Proceeds or Instruments of the


Unlawful Act, Including the Properties or Proceeds Derived from the Illegal
Trafficking of Dangerous Drugs and/or Precursors and Essential Chemicals. –
Every penalty imposed for the unlawful importation, sale, trading, administration,
dispensation, delivery, distribution, transportation or manufacture of any
dangerous drug and/or controlled precursor and essential chemical, the
cultivation or culture of plants which are sources of dangerous drugs, and the
possession of any equipment, instrument, apparatus and other paraphernalia for
139

dangerous drugs including other laboratory equipment, shall carry with it the
confiscation and forfeiture, in favor of the government, of all the proceeds and
properties derived from the unlawful act, including, but not limited to, money and
other assets obtained thereby, and the instruments or tools with which the
particular unlawful act was committed, unless they are the property of a third
person not liable for the unlawful act, but those which are not of lawful commerce
shall be ordered destroyed without delay pursuant to the provisions of Section 21
of this Act.

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

During the pendency of the case in the Regional Trial Court, no property, or
income derived therefrom, which may be confiscated and forfeited, shall be
disposed, alienated or transferred and the same shall be in custodia legis and no
bond shall be admitted for the release of the same.

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


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

Section 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 drugs
shall, immediately after seizure and confiscation, physically inventory and
photograph the same in the presence of the accused or the person/s from
whom such items were confiscated and/or seized, or his/her
representative or counsel, a representative from the media and the
Department of Justice (DOJ), and any elected public official who shall be
required to sign the copies of the inventory and be given a copy thereof;
140

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


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

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


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

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

(5) The Board shall then issue a sworn certification as to the fact of
destruction or burning of the subject item/s which, together with the
representative sample/s in the custody of the PDEA, shall be submitted to
the court having jurisdiction over the case. In all instances, the
representative sample/s shall be kept to a minimum quantity as
determined by the Board;

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


allowed to personally observe all of the above proceedings and his/her
presence shall not constitute an admission of guilt. In case the said
offender or accused refuses or fails to appoint a representative after due
notice in writing to the accused or his/her counsel within seventy-two (72)
141

hours before the actual burning or destruction of the evidence in question,


the Secretary of Justice shall appoint a member of the public attorney's
office to represent the former;

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

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


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

Section 22. Grant of Compensation, Reward and Award. – The Board shall


recommend to the concerned government agency the grant of compensation,
reward and award to any person providing information and to law enforcers
participating in the operation, which results in the successful confiscation, seizure
or surrender of dangerous drugs, plant sources of dangerous drugs, and
controlled precursors and essential chemicals.

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.

Section 24. Non-Applicability of the Probation Law for Drug Traffickers and


Pushers. – 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.

Section 25. Qualifying Aggravating Circumstances in the Commission of a


Crime by an Offender Under the Influence of Dangerous Drugs. –
Notwithstanding the provisions of any law to the contrary, a positive finding for
the use of dangerous drugs shall be a qualifying aggravating circumstance in the
commission of a crime by an offender, and the application of the penalty provided
for in the Revised Penal Code shall be applicable.

Section 26. Attempt or Conspiracy. – Any attempt or conspiracy to commit the


following unlawful acts shall be penalized by the same penalty prescribed for the
commission of the same as provided under this Act:
142

(a) Importation of any dangerous drug and/or controlled precursor and


essential chemical;

(b) Sale, trading, administration, dispensation, delivery, distribution and


transportation of any dangerous drug and/or controlled precursor and
essential chemical;

(c) Maintenance of a den, dive or resort where any dangerous drug is


used in any form;

(d) Manufacture of any dangerous drug and/or controlled precursor and


essential chemical; and

(e) Cultivation or culture of plants which are sources of dangerous drugs.

Section 27. Criminal Liability of a Public Officer or Employee for


Misappropriation, Misapplication or Failure to Account for the Confiscated,
Seized and/or Surrendered Dangerous Drugs, Plant Sources of Dangerous
Drugs, Controlled Precursors and Essential Chemicals,
Instruments/Paraphernalia and/or Laboratory Equipment Including the Proceeds
or Properties Obtained from the Unlawful Act Committed. – The penalty of life
imprisonment to death and a fine ranging from Five hundred thousand pesos
(P500,000.00) to Ten million pesos (P10,000,000.00), in addition to absolute
perpetual disqualification from any public office, shall be imposed upon any
public officer or employee who misappropriates, misapplies or fails to account for
confiscated, seized or surrendered dangerous drugs, plant sources of dangerous
drugs, controlled precursors and essential chemicals, instruments/paraphernalia
and/or laboratory equipment including the proceeds or properties obtained from
the unlawful acts as provided for in this Act.

Any elective local or national official found to have benefited from the proceeds of
the trafficking of dangerous drugs as prescribed in this Act, or have received any
financial or material contributions or donations from natural or juridical persons
found guilty of trafficking dangerous drugs as prescribed in this Act, shall be
removed from office and perpetually disqualified from holding any elective or
appointive positions in the government, its divisions, subdivisions, and
intermediaries, including government-owned or –controlled corporations.

Section 28. Criminal Liability of Government Officials and Employees. – The


maximum penalties of the unlawful acts provided for in this Act shall be imposed,
in addition to absolute perpetual disqualification from any public office, if those
found guilty of such unlawful acts are government officials and employees.

Section 29. Criminal Liability for Planting of Evidence. – Any person who is


found guilty of "planting" any dangerous drug and/or controlled precursor and
143

essential chemical, regardless of quantity and purity, shall suffer the penalty of
death.

Section 30. Criminal Liability of Officers of Partnerships, Corporations,


Associations or Other Juridical Entities. – In case any violation of this Act is
committed by a partnership, corporation, association or any juridical entity, the
partner, president, director, manager, trustee, estate administrator, or officer who
consents to or knowingly tolerates such violation shall be held criminally liable as
a co-principal.

The penalty provided for the offense under this Act shall be imposed upon the
partner, president, director, manager, trustee, estate administrator, or officer who
knowingly authorizes, tolerates or consents to the use of a vehicle, vessel,
aircraft, equipment or other facility, as an instrument in the importation, sale,
trading, administration, dispensation, delivery, distribution, transportation or
manufacture of dangerous drugs, or chemical diversion, if such vehicle, vessel,
aircraft, equipment or other instrument is owned by or under the control or
supervision of the partnership, corporation, association or juridical entity to which
they are affiliated.

Section 31. Additional Penalty if Offender is an Alien. – In addition to the


penalties prescribed in the unlawful act committed, any alien who violates such
provisions of this Act shall, after service of sentence, be deported immediately
without further proceedings, unless the penalty is death.

Section 32. Liability to a Person Violating Any Regulation Issued by the Board. –


The penalty of imprisonment ranging from six (6) months and one (1) day to four
(4) years and a fine ranging from Ten thousand pesos (P10,000.00) to Fifty
thousand pesos (P50,000.00) shall be imposed upon any person found violating
any regulation duly issued by the Board pursuant to this Act, in addition to the
administrative sanctions imposed by the Board.

Section 33. Immunity from Prosecution and Punishment. – Notwithstanding the


provisions of Section 17, Rule 119 of the Revised Rules of Criminal Procedure
and the provisions of Republic Act No. 6981 or the Witness Protection, Security
and Benefit Act of 1991, any person who has violated Sections 7, 11, 12, 14, 15,
and 19, Article II of this Act, who voluntarily gives information about any violation
of Sections 4, 5, 6, 8, 10, 13, and 16, Article II of this Act as well as any violation
of the offenses mentioned if committed by a drug syndicate, or any information
leading to the whereabouts, identities and arrest of all or any of the members
thereof; and who willingly testifies against such persons as described above,
shall be exempted from prosecution or punishment for the offense with reference
to which his/her information of testimony were given, and may plead or prove the
giving of such information and testimony in bar of such
prosecution: Provided, That the following conditions concur:
144

(1) The information and testimony are necessary for the conviction of the
persons described above;

(2) Such information and testimony are not yet in the possession of the
State;

(3) Such information and testimony can be corroborated on its material


points;

(4) the informant or witness has not been previously convicted of a crime
involving moral turpitude, except when there is no other direct evidence
available for the State other than the information and testimony of said
informant or witness; and

(5) The informant or witness shall strictly and faithfully comply without
delay, any condition or undertaking, reduced into writing, lawfully imposed
by the State as further consideration for the grant of immunity from
prosecution and punishment.

Provided, further, That this immunity may be enjoyed by such informant or


witness who does not appear to be most guilty for the offense with reference to
which his/her information or testimony were given: Provided, finally, That there is
no direct evidence available for the State except for the information and
testimony of the said informant or witness.

Section 34. Termination of the Grant of Immunity. – The immunity granted to the


informant or witness, as prescribed in Section 33 of this Act, shall not attach
should it turn out subsequently that the information and/or testimony is false,
malicious or made only for the purpose of harassing, molesting or in any way
prejudicing the persons described in the preceding Section against whom such
information or testimony is directed against. In such case, the informant or
witness shall be subject to prosecution and the enjoyment of all rights and
benefits previously accorded him under this Act or any other law, decree or order
shall be deemed terminated.

In case an informant or witness under this Act fails or refuses to testify without
just cause, and when lawfully obliged to do so, or should he/she violate any
condition accompanying such immunity as provided above, his/her immunity
shall be removed and he/she shall likewise be subject to contempt and/or
criminal prosecution, as the case may be, and the enjoyment of all rights and
benefits previously accorded him under this Act or in any other law, decree or
order shall be deemed terminated.

In case the informant or witness referred to under this Act falls under the
applicability of this Section hereof, such individual cannot avail of the provisions
under Article VIII of this Act.
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Section 35. Accessory Penalties. – A person convicted under this Act shall be


disqualified to exercise his/her civil rights such as but not limited to, the rights of
parental authority or guardianship, either as to the person or property of any
ward, the rights to dispose of such property by any act or any conveyance inter
vivos, and political rights such as but not limited to, the right to vote and be voted
for. Such rights shall also be suspended during the pendency of an appeal from
such conviction.

ARTICLE III

Dangerous Drugs Test and Record Requirements

Section 36. Authorized Drug Testing. – Authorized drug testing shall be done by


any government forensic laboratories or by any of the drug testing laboratories
accredited and monitored by the DOH to safeguard the quality of test results. The
DOH shall take steps in setting the price of the drug test with DOH accredited
drug testing centers to further reduce the cost of such drug test. The drug testing
shall employ, among others, two (2) testing methods, the screening test which
will determine the positive result as well as the type of the drug used and the
confirmatory test which will confirm a positive screening test. Drug test
certificates issued by accredited drug testing centers shall be valid for a one-year
period from the date of issue which may be used for other purposes. The
following shall be subjected to undergo drug testing:

(a) Applicants for driver's license. – No driver's license shall be issued or


renewed to any person unless he/she presents a certification that he/she
has undergone a mandatory drug test and indicating thereon that he/she
is free from the use of dangerous drugs;

(b) Applicants for firearm's license and for permit to carry firearms outside
of residence. – All applicants for firearm's license and permit to carry
firearms outside of residence shall undergo a mandatory drug test to
ensure that they are free from the use of dangerous drugs: Provided, That
all persons who by the nature of their profession carry firearms shall
undergo drug testing;

(c) Students of secondary and tertiary schools. – Students of secondary


and tertiary schools shall, pursuant to the related rules and regulations as
contained in the school's student handbook and with notice to the parents,
undergo a random drug testing: Provided, That all drug testing expenses
whether in public or private schools under this Section will be borne by the
government;

(d) Officers and employees of public and private offices. – Officers and
employees of public and private offices, whether domestic or overseas,
shall be subjected to undergo a random drug test as contained in the
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company's work rules and regulations, which shall be borne by the


employer, for purposes of reducing the risk in the workplace. Any officer or
employee found positive for use of dangerous drugs shall be dealt with
administratively which shall be a ground for suspension or termination,
subject to the provisions of Article 282 of the Labor Code and pertinent
provisions of the Civil Service Law;

(e) Officers and members of the military, police and other law enforcement
agencies. – Officers and members of the military, police and other law
enforcement agencies shall undergo an annual mandatory drug test;

(f) All persons charged before the prosecutor's office with a criminal
offense having an imposable penalty of imprisonment of not less than six
(6) years and one (1) day shall have to undergo a mandatory drug test;
and

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

In addition to the above stated penalties in this Section, those found to be


positive for dangerous drugs use shall be subject to the provisions of
Section 15 of this Act.

Section 37. Issuance of False or Fraudulent Drug Test Results. – Any person


authorized, licensed or accredited under this Act and its implementing rules to
conduct drug examination or test, who issues false or fraudulent drug test results
knowingly, willfully or through gross negligence, shall suffer the penalty of
imprisonment ranging from six (6) years and one (1) day to twelve (12) years and
a fine ranging from One hundred thousand pesos (P100,000.00) to Five hundred
thousand pesos (P500,000.00).

An additional penalty shall be imposed through the revocation of the license to


practice his/her profession in case of a practitioner, and the closure of the drug
testing center.

Section 38. Laboratory Examination or Test on Apprehended/Arrested


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

Section 39. Accreditation of Drug Testing Centers and Physicians. – The DOH


shall be tasked to license and accredit drug testing centers in each province and
city in order to assure their capacity, competence, integrity and stability to
conduct the laboratory examinations and tests provided in this Article, and
appoint such technical and other personnel as may be necessary for the effective
implementation of this provision. The DOH shall also accredit physicians who
shall conduct the drug dependency examination of a drug dependent as well as
the after-care and follow-up program for the said drug dependent. There shall be
a control regulations, licensing and accreditation division under the supervision of
the DOH for this purpose.

For this purpose, the DOH shall establish, operate and maintain drug testing
centers in government hospitals, which must be provided at least with basic
technologically advanced equipment and materials, in order to conduct the
laboratory examination and tests herein provided, and appoint such qualified and
duly trained technical and other personnel as may be necessary for the effective
implementation of this provision.

Section 40. Records Required for Transactions on Dangerous Drug and


Precursors and Essential Chemicals. –

a) Every pharmacist dealing in dangerous drugs and/or controlled


precursors and essential chemicals shall maintain and keep an original
record of sales, purchases, acquisitions and deliveries of dangerous
drugs, indicating therein the following information:

(1) License number and address of the pharmacist;

(2) Name, address and license of the manufacturer, importer or


wholesaler from whom the dangerous drugs have been purchased;

(3) Quantity and name of the dangerous drugs purchased or


acquired;

(4) Date of acquisition or purchase;

(5) Name, address and community tax certificate number of the


buyer;
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(6) Serial number of the prescription and the name of the physician,
dentist, veterinarian or practitioner issuing the same;

(7) Quantity and name of the dangerous drugs sold or delivered;


and

(8) Date of sale or delivery.

A certified true copy of such record covering a period of six (6) months,
duly signed by the pharmacist or the owner of the drugstore, pharmacy or
chemical establishment, shall be forwarded to the Board within fifteen (15)
days following the last day of June and December of each year, with a
copy thereof furnished the city or municipal health officer concerned.

(b) A physician, dentist, veterinarian or practitioner authorized to prescribe


any dangerous drug shall issue the prescription therefor in one (1) original
and two (2) duplicate copies. The original, after the prescription has been
filled, shall be retained by the pharmacist for a period of one (1) year from
the date of sale or delivery of such drug. One (1) copy shall be retained by
the buyer or by the person to whom the drug is delivered until such drug is
consumed, while the second copy shall be retained by the person issuing
the prescription.

For purposes of this Act, all prescriptions issued by physicians, dentists,


veterinarians or practitioners shall be written on forms exclusively issued
by and obtainable from the DOH. Such forms shall be made of a special
kind of paper and shall be distributed in such quantities and contain such
information and other data as the DOH may, by rules and regulations,
require. Such forms shall only be issued by the DOH through its
authorized employees to licensed physicians, dentists, veterinarians and
practitioners in such quantities as the Board may authorize. In emergency
cases, however, as the Board may specify in the public interest, a
prescription need not be accomplished on such forms. The prescribing
physician, dentist, veterinarian or practitioner shall, within three (3) days
after issuing such prescription, inform the DOH of the same in writing. No
prescription once served by the drugstore or pharmacy be reused nor any
prescription once issued be refilled.

(c) All manufacturers, wholesalers, distributors, importers, dealers and


retailers of dangerous drugs and/or controlled precursors and essential
chemicals shall keep a record of all inventories, sales, purchases,
acquisitions and deliveries of the same as well as the names, addresses
and licenses of the persons from whom such items were purchased or
acquired or to whom such items were sold or delivered, the name and
quantity of the same and the date of the transactions. Such records may
be subjected anytime for review by the Board.
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ARTICLE IV

Participation of the Family, Students, Teachers and School Authorities in


the Enforcement of this Act

Section 41. Involvement of the Family. – The family being the basic unit of the
Filipino society shall be primarily responsible for the education and awareness of
the members of the family on the ill effects of dangerous drugs and close
monitoring of family members who may be susceptible to drug abuse.

Section 42. Student Councils and Campus Organizations. – All elementary,


secondary and tertiary schools' student councils and campus organizations shall
include in their activities a program for the prevention of and deterrence in the
use of dangerous drugs, and referral for treatment and rehabilitation of students
for drug dependence.

Section 43. School Curricula. – Instruction on drug abuse prevention and control


shall be integrated in the elementary, secondary and tertiary curricula of all public
and private schools, whether general, technical, vocational or agro-industrial as
well as in non-formal, informal and indigenous learning systems. Such
instructions shall include:

(1) Adverse effects of the abuse and misuse of dangerous drugs on the
person, the family, the school and the community;

(2) Preventive measures against drug abuse;

(3) Health, socio-cultural, psychological, legal and economic dimensions


and implications of the drug problem;

(4) Steps to take when intervention on behalf of a drug dependent is


needed, as well as the services available for the treatment and
rehabilitation of drug dependents; and

(5) Misconceptions about the use of dangerous drugs such as, but not
limited to, the importance and safety of dangerous drugs for medical and
therapeutic use as well as the differentiation between medical patients and
drug dependents in order to avoid confusion and accidental stigmatization
in the consciousness of the students.

Section 44. Heads, Supervisors, and Teachers of Schools. – For the purpose of


enforcing the provisions of Article II of this Act, all school heads, supervisors and
teachers shall be deemed persons in authority and, as such, are hereby
empowered to apprehend, arrest or cause the apprehension or arrest of any
person who shall violate any of the said provisions, pursuant to Section 5, Rule
113 of the Rules of Court. They shall be deemed persons in authority if they are
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in the school or within its immediate vicinity, or even beyond such immediate
vicinity if they are in attendance at any school or class function in their official
capacity as school heads, supervisors, and teachers.

Any teacher or school employee, who discovers or finds that any person in the
school or within its immediate vicinity is liable for violating any of said provisions,
shall have the duty to report the same to the school head or immediate superior
who shall, in turn, report the matter to the proper authorities.

Failure to do so in either case, within a reasonable period from the time of


discovery of the violation shall, after due hearing, constitute sufficient cause for
disciplinary action by the school authorities.

Section 45. Publication and Distribution of Materials on Dangerous Drugs. –


With the assistance of the Board, the Secretary of the Department of Education
(DepEd), the Chairman of the Commission on Higher Education (CHED) and the
Director-General of the Technical Education and Skills Development Authority
(TESDA) shall cause the development, publication and distribution of information
and support educational materials on dangerous drugs to the students, the
faculty, the parents, and the community.

Section 46. Special Drug Education Center. – With the assistance of the Board,
the Department of the Interior and Local Government (DILG), the National Youth
Commission (NYC), and the Department of Social Welfare and Development
(DSWD) shall establish in each of its provincial office a special education drug
center for out-of-school youth and street children. Such Center which shall be
headed by the Provincial Social. Welfare Development Officer shall sponsor drug
prevention programs and activities and information campaigns with the end in
view of educating the out-of-school youth and street children regarding the
pernicious effects of drug abuse. The programs initiated by the Center shall
likewise be adopted in all public and private orphanage and existing special
centers for street children.

ARTICLE V

Promotion of a National Drug-Free Workplace Program With the


Participation of Private and Labor Sectors and the Department of Labor and
Employment

Section 47. Drug-Free Workplace. – It is deemed a policy of the State to


promote drug-free workplaces using a tripartite approach. With the assistance of
the Board, the Department of Labor and Employment (DOLE) shall develop,
promote and implement a national drug abuse prevention program in the
workplace to be adopted by private companies with ten (10) or more employees.
Such program shall include the mandatory drafting and adoption of company
policies against drug use in the workplace in close consultation and coordination
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with the DOLE, labor and employer organizations, human resource development
managers and other such private sector organizations.

Section 48. Guidelines for the National Drug-Free Workplace Program. – The


Board and the DOLE shall formulate the necessary guidelines for the
implementation of the national drug-free workplace program. The amount
necessary for the implementation of which shall be included in the annual
General Appropriations Act.

ARTICLE VI

Participation of the Private and Labor Sectors in the Enforcement of this


Act

Section 49. Labor Organizations and the Private Sector. – All labor unions,
federations, associations, or organizations in cooperation with the respective
private sector partners shall include in their collective bargaining or any similar
agreements, joint continuing programs and information campaigns for the
laborers similar to the programs provided under Section 47 of this Act with the
end in view of achieving a drug free workplace.

Section 50. Government Assistance. – The labor sector and the respective


partners may, in pursuit of the programs mentioned in the preceding Section,
secure the technical assistance, such as but not limited to, seminars and
information dissemination campaigns of the appropriate government and law
enforcement agencies.

ARTICLE VII

Participation of Local Government Units

Section 51. Local Government Units' Assistance. – Local government units shall


appropriate a substantial portion of their respective annual budgets to assist in or
enhance the enforcement of this Act giving priority to preventive or educational
programs and the rehabilitation or treatment of drug dependents.

Section 52. Abatement of Drug Related Public Nuisances. – Any place or


premises which have been used on two or more occasions as the site of the
unlawful sale or delivery of dangerous drugs may be declared to be a public
nuisance, and such nuisance may be abated, pursuant to the following
procedures:

(1) Any city or municipality may, by ordinance, create an administrative


board to hear complaints regarding the nuisances;
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(2) any employee, officer, or resident of the city or municipality may bring
a complaint before the Board after giving not less than three (3) days
written notice of such complaint to the owner of the place or premises at
his/her last known address; and

(3) After hearing in which the Board may consider any evidence, including
evidence of the general reputation of the place or premises, and at which
the owner of the premises shall have an opportunity to present evidence in
his/her defense, the Board may declare the place or premises to be a
public nuisance.

Section 53. Effect of Board Declaration. – If the Board declares a place or


premises to be a public nuisance, it may declare an order immediately prohibiting
the conduct, operation, or maintenance of any business or activity on the
premises which is conducive to such nuisance.

An order entered under this Section shall expire after one (1) year or at such
earlier time as stated in the order. The Board may bring a complaint seeking a
permanent injunction against any nuisance described under this Section.

This Article does not restrict the right of any person to proceed under the Civil
Code against any public nuisance.

ARTICLE VIII

Program for Treatment and Rehabilitation of Drug Dependents

Section 54. Voluntary Submission of a Drug Dependent to Confinement,


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

Confinement in a Center for treatment and rehabilitation shall not exceed one (1)
year, after which time the Court, as well as the Board, shall be apprised by the
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head of the treatment and rehabilitation center of the status of said drug
dependent and determine whether further confinement will be for the welfare of
the drug dependent and his/her family or the community.

Section 55. Exemption from the Criminal Liability Under the Voluntary


Submission Program. A drug dependent under the voluntary submission
program, who is finally discharged from confinement, shall be exempt from the
criminal liability under Section 15 of this act subject to the following conditions:

(1) He/she has complied with the rules and regulations of the center, the
applicable rules and regulations of the Board, including the after-care and
follow-up program for at least eighteen (18) months following temporary
discharge from confinement in the Center or, in the case of a dependent
placed under the care of the DOH-accredited physician, the after-care
program and follow-up schedule formulated by the DSWD and approved
by the Board: Provided, That capability-building of local government social
workers shall be undertaken by the DSWD;

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


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

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


he/she escaped, he/she surrendered by himself/herself or through his/her
parent, spouse, guardian or relative within the fourth degree of
consanguinity or affinity, within one (1) week from the date of the said
escape; and

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


the community by his/her exemption from criminal liability.

Section 56. Temporary Release From the Center; After-Care and Follow-Up


Treatment Under the Voluntary Submission Program. – Upon certification of the
Center that the drug dependent within the voluntary submission program may be
temporarily released, the Court shall order his/her release on condition that said
drug dependent shall report to the DOH for after-care and follow-up treatment,
including urine testing, for a period not exceeding eighteen (18) months under
such terms and conditions that the Court may impose.

If during the period of after-care and follow-up, the drug dependent is certified to
be rehabilitated, he/she may be discharged by the Court, subject to the
provisions of Section 55 of this Act, without prejudice to the outcome of any
pending case filed in court.
154

However, should the DOH find that during the initial after-care and follow-up
program of eighteen (18) months, the drug dependent requires further treatment
and rehabilitation in the Center, he/she shall be recommitted to the Center for
confinement. Thereafter, he/she may again be certified for temporary release and
ordered released for another after-care and follow-up program pursuant to this
Section.

Section 57. Probation and Community Service Under the Voluntary Submission


Program. – A drug dependent who is discharged as rehabilitated by the DOH-
accredited Center through the voluntary submission program, but does not
qualify for exemption from criminal liability under Section 55 of this Act, may be
charged under the provisions of this Act, but shall be placed on probation and
undergo a community service in lieu of imprisonment and/or fine in the discretion
of the court, without prejudice to the outcome of any pending case filed in court.

Such drug dependent shall undergo community service as part of his/her after-
care and follow-up program, which may be done in coordination with
nongovernmental civil organizations accredited by the DSWD, with the
recommendation of the Board.

Section 58. Filing of Charges Against a Drug Dependent Who is Not


Rehabilitated Under the Voluntary Submission Program. – A drug dependent,
who is not rehabilitated after the second commitment to the Center under the
voluntary submission program, shall, upon recommendation of the Board, be
charged for violation of Section 15 of this Act and prosecuted like any other
offender. If convicted, he/she shall be credited for the period of confinement and
rehabilitation in the Center in the service of his/her sentence.

Section 59. Escape and Recommitment for Confinement and Rehabilitation


Under the Voluntary Submission Program. – Should a drug dependent under the
voluntary submission program escape from the Center, he/she may submit
himself/herself for recommitment within one (1) week therefrom, or his/her
parent, spouse, guardian or relative within the fourth degree of consanguinity or
affinity may, within said period, surrender him for recommitment, in which case
the corresponding order shall be issued by the Board.

Should the escapee fail to submit himself/herself or be surrendered after one (1)
week, the Board shall apply to the court for a recommitment order upon proof of
previous commitment or his/her voluntary submission by the Board, the court
may issue an order for recommitment within one (1) week.

If, subsequent to a recommitment, the dependent once again escapes from


confinement, he/she shall be charged for violation of Section 15 of this Act and
he subjected under section 61 of this Act, either upon order of the Board or upon
order of the court, as the case may be.
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Section 60. Confidentiality of Records Under the Voluntary Submission Program.


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

Section 61. Compulsory Confinement of a Drug Dependent Who Refuses to


Apply Under the Voluntary Submission Program. – Notwithstanding any law, rule
and regulation to the contrary, any person determined and found to be
dependent on dangerous drugs shall, upon petition by the Board or any of its
authorized representative, be confined for treatment and rehabilitation in any
Center duly designated or accredited for the purpose.

A petition for the confinement of a person alleged to be dependent on dangerous


drugs to a Center may be filed by any person authorized by the Board with the
Regional Trial Court of the province or city where such person is found.

After the petition is filed, the court, by an order, shall immediately fix a date for
the hearing, and a copy of such order shall be served on the person alleged to be
dependent on dangerous drugs, and to the one having charge of him.

If after such hearing and the facts so warrant, the court shall order the drug
dependent to be examined by two (2) physicians accredited by the Board. If both
physicians conclude that the respondent is not a drug dependent, the court shall
order his/her discharge. If either physician finds him to be a dependent, the court
shall conduct a hearing and consider all relevant evidence which may be offered.
If the court finds him a drug dependent, it shall issue an order for his/her
commitment to a treatment and rehabilitation center under the supervision of the
DOH. In any event, the order of discharge or order of confinement or
commitment shall be issued not later than fifteen (15) days from the filing of the
appropriate petition.

Section 62. Compulsory Submission of a Drug Dependent Charged with an


Offense to Treatment and Rehabilitation. – If a person charged with an offense
where the imposable penalty is imprisonment of less than six (6) years and one
(1) day, and is found by the prosecutor or by the court, at any stage of the
proceedings, to be a drug dependent, the prosecutor or the court as the case
may be, shall suspend all further proceedings and transmit copies of the record
of the case to the Board.

In the event he Board determines, after medical examination, that public interest
requires that such drug dependent be committed to a center for treatment and
rehabilitation, it shall file a petition for his/her commitment with the regional trial
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court of the province or city where he/she is being investigated or tried: Provided,


That where a criminal case is pending in court, such petition shall be filed in the
said court. The court shall take judicial notice of the prior proceedings in the case
and shall proceed to hear the petition. If the court finds him to be a drug
dependent, it shall order his/her commitment to a Center for treatment and
rehabilitation. The head of said Center shall submit to the court every four (4)
months, or as often as the court may require, a written report on the progress of
the treatment. If the dependent is rehabilitated, as certified by the center and the
Board, he/she shall be returned to the court, which committed him, for his/her
discharge therefrom.

Thereafter, his/her prosecution for any offense punishable by law shall be


instituted or shall continue, as the case may be. In case of conviction, the
judgment shall, if the accused is certified by the treatment and rehabilitation
center to have maintained good behavior, indicate that he/she shall be given full
credit for the period he/she was confined in the Center: Provided, however, That
when the offense is for violation of Section 15 of this Act and the accused is not a
recidivist, the penalty thereof shall be deemed to have been served in the Center
upon his/her release therefrom after certification by the Center and the Board
that he/she is rehabilitated.

Section 63. Prescription of the Offense Charged Against a Drug Dependent


Under the Compulsory Submission Program. – The period of prescription of the
offense charged against a drug dependent under the compulsory submission
program shall not run during the time that the drug dependent is under
confinement in a Center or otherwise under the treatment and rehabilitation
program approved by the Board.

Upon certification of the Center that he/she may temporarily be discharged from
the said Center, the court shall order his/her release on condition that he/she
shall report to the Board through the DOH for after-care and follow-up treatment
for a period not exceeding eighteen (18) months under such terms and
conditions as may be imposed by the Board.

If at anytime during the after-care and follow-up period, the Board certifies to
his/her complete rehabilitation, the court shall order his/her final discharge from
confinement and order for the immediate resumption of the trial of the case for
which he/she is originally charged. Should the Board through the DOH find at
anytime during the after-care and follow-up period that he/she requires further
treatment and rehabilitation, it shall report to the court, which shall order his/her
recommitment to the Center.

Should the drug dependent, having been committed to a Center upon petition by
the Board escape therefrom, he/she may resubmit himself/herself for
confinement within one (1) week from the date of his/her escape; or his/her
parent, spouse, guardian or relative within the fourth degree of consanguinity or
157

affinity may, within the same period, surrender him for recommitment. If,
however, the drug dependent does not resubmit himself/herself for confinement
or he/she is not surrendered for recommitment, the Board may apply with the
court for the issuance of the recommitment order. Upon proof of previous
commitment, the court shall issue an order for recommitment. If, subsequent to
such recommitment, he/she should escape again, he/she shall no longer be
exempt from criminal liability for use of any dangerous drug.

A drug dependent committed under this particular Section who is finally


discharged from confinement shall be exempt from criminal liability under Section
15 of this Act, without prejudice to the outcome of any pending case filed in court.
On the other hand, a drug dependent who is not rehabilitated after a second
commitment to the Center shall, upon conviction by the appropriate court, suffer
the same penalties provided for under Section 15 of this Act again without
prejudice to the outcome of any pending case filed in court.

Section 64. Confidentiality of Records Under the Compulsory Submission


Program. – The records of a drug dependent who was rehabilitated and
discharged from the Center under the compulsory submission program, or who
was charged for violation of Section 15 of this Act, shall be covered by Section
60 of this Act. However, the records of a drug dependent who was not
rehabilitated, or who escaped but did not surrender himself/herself within the
prescribed period, shall be forwarded to the court and their use shall be
determined by the court, taking into consideration public interest and the welfare
of the drug dependent.

Section 65. Duty of the Prosecutor in the Proceedings. – It shall be the duty of


the provincial or the city prosecutor or their assistants or state prosecutors to
prepare the appropriate petition in all proceedings arising from this Act.

Section 66. Suspension of Sentence of a First-Time Minor Offender. – An


accused who is over fifteen (15) years of age at the time of the commission of the
offense mentioned in Section 11 of this Act, but not more than eighteen (18)
years of age at the time when judgment should have been promulgated after
having been found guilty of said offense, may be given the benefits of a
suspended sentence, subject to the following conditions:

(a) He/she has not been previously convicted of violating any provision of
this Act, or of the Dangerous Drugs Act of 1972, as amended; or of the
Revised Penal Code; or of any special penal laws;

(b) He/she has not been previously committed to a Center or to the care of
a DOH-accredited physician; and

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


158

While under suspended sentence, he/she shall be under the supervision and
rehabilitative surveillance of the Board, under such conditions that the court may
impose for a period ranging from six (6) months to eighteen (18) months.

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

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

Section 67. Discharge After Compliance with Conditions of Suspended


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

Upon the dismissal of the proceedings against the accused, the court shall enter
an order to expunge all official records, other than the confidential record to be
retained by the DOJ relating to the case. Such an order, which shall be kept
confidential, shall restore the accused to his/her status prior to the case. He/she
shall not be held thereafter to be guilty of perjury or of concealment or
misrepresentation by reason of his/her failure to acknowledge the case or recite
any fact related thereto in response to any inquiry made of him for any purpose.

Section 68. Privilege of Suspended Sentence to be Availed of Only Once by a


First-Time Minor Offender. – The privilege of suspended sentence shall be
availed of only once by an accused drug dependent who is a first-time offender
over fifteen (15) years of age at the time of the commission of the violation of
Section 15 of this Act but not more than eighteen (18) years of age at the time
when judgment should have been promulgated.

Section 69. Promulgation of Sentence for First-Time Minor Offender. – If the


accused first-time minor offender violates any of the conditions of his/her
suspended sentence, the applicable rules and regulations of the Board
exercising supervision and rehabilitative surveillance over him, including the rules
and regulations of the Center should confinement be required, the court shall
pronounce judgment of conviction and he/she shall serve sentence as any other
convicted person.
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Section 70. Probation or Community Service for a First-Time Minor Offender in


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

The community service shall be complied with under conditions, time and place
as may be determined by the court in its discretion and upon the
recommendation of the Board and shall apply only to violators of Section 15 of
this Act. The completion of the community service shall be under the supervision
and rehabilitative surveillance of the Board during the period required by the
court. Thereafter, the Board shall render a report on the manner of compliance of
said community service. The court in its discretion may require extension of the
community service or order a final discharge.

In both cases, the judicial records shall be covered by the provisions of Sections
60 and 64 of this Act.

If the sentence promulgated by the court requires imprisonment, the period spent
in the Center by the accused during the suspended sentence period shall be
deducted from the sentence to be served.

Section 71. Records to be kept by the Department of Justice. – The DOJ shall


keep a confidential record of the proceedings on suspension of sentence and
shall not be used for any purpose other than to determine whether or not a
person accused under this Act is a first-time minor offender.

Section 72. Liability of a Person Who Violates the Confidentiality of Records. –


The penalty of imprisonment ranging from six (6) months and one (1) day to six
(6) years and a fine ranging from One thousand pesos (P1,000.00) to Six
thousand pesos (P6,000.00), shall be imposed upon any person who, having
official custody of or access to the confidential records of any drug dependent
under voluntary submission programs, or anyone who, having gained possession
of said records, whether lawfully or not, reveals their content to any person other
than those charged with the prosecution of the offenses under this Act and its
implementation. The maximum penalty shall be imposed, in addition to absolute
perpetual disqualification from any public office, when the offender is a
government official or employee. Should the records be used for unlawful
purposes, such as blackmail of the drug dependent or the members of his/her
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family, the penalty imposed for the crime of violation of confidentiality shall be in
addition to whatever crime he/she may be convicted of.

Section 73. Liability of a Parent, Spouse or Guardian Who Refuses to


Cooperate with the Board or any Concerned Agency. – Any parent, spouse or
guardian who, without valid reason, refuses to cooperate with the Board or any
concerned agency in the treatment and rehabilitation of a drug dependent who is
a minor, or in any manner, prevents or delays the after-care, follow-up or other
programs for the welfare of the accused drug dependent, whether under
voluntary submission program or compulsory submission program, may be cited
for contempt by the court.

Section 74. Cost-Sharing in the Treatment and Rehabilitation of a Drug


Dependent. – The parent, spouse, guardian or any relative within the fourth
degree of consanguinity of any person who is confined under the voluntary
submission program or compulsory submission program shall be charged a
certain percentage of the cost of his/her treatment and rehabilitation, the
guidelines of which shall be formulated by the DSWD taking into consideration
the economic status of the family of the person confined. The guidelines therein
formulated shall be implemented by a social worker of the local government unit.

Section 75. Treatment and Rehabilitation Centers. – The existing treatment and


rehabilitation centers for drug dependents operated and maintained by the NBI
and the PNP shall be operated, maintained and managed by the DOH in
coordination with other concerned agencies. For the purpose of enlarging the
network of centers, the Board through the DOH shall encourage, promote or
whenever feasible, assist or support in the establishment, operations and
maintenance of private centers which shall be eligible to receive grants,
donations or subsidy from either government or private sources. It shall also
support the establishment of government-operated regional treatment and
rehabilitation centers depending upon the availability of funds. The national
government, through its appropriate agencies shall give priority funding for the
increase of subsidy to existing government drug rehabilitation centers, and shall
establish at least one (1) drug rehabilitation center in each province, depending
on the availability of funds.

Section 76. The Duties and Responsibilities of the Department of health (DOH)


Under this Act. – The DOH shall:

(1) Oversee the monitor the integration, coordination and supervision of all
drug rehabilitation, intervention, after-care and follow-up programs,
projects and activities as well as the establishment, operations,
maintenance and management of privately-owned drug treatment
rehabilitation centers and drug testing networks and laboratories
throughout the country in coordination with the DSWD and other agencies;
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(2) License, accredit, establish and maintain drug test network and
laboratory, initiate, conduct and support scientific research on drugs and
drug control;

(3) Encourage, assist and accredit private centers, promulgate rules and
regulations setting minimum standards for their accreditation to assure
their competence, integrity and stability;

(4) Prescribe and promulgate rules and regulations governing the


establishment of such Centers as it may deem necessary after conducting
a feasibility study thereof;

(5) The DOH shall, without prejudice to the criminal prosecution of those
found guilty of violating this Act, order the closure of a Center for treatment
and rehabilitation of drug dependency when, after investigation it is found
guilty of violating the provisions of this Act or regulations issued by the
Board; and

(6) Charge reasonable fees for drug dependency examinations, other


medical and legal services provided to the public, which shall accrue to
the Board. All income derived from these sources shall be part of the
funds constituted as special funds for the implementation of this Act under
Section 87.

ARTICLE IX

Dangerous Drugs Board and Philippine Drug Enforcement Agency

Section 77. The Dangerous Drugs Board. – The Board shall be the policy-
making and strategy-formulating body in the planning and formulation of policies
and programs on drug prevention and control. It shall develop and adopt a
comprehensive, integrated, unified and balanced national drug abuse prevention
and control strategy. It shall be under the Office of the President.

Section 78. Composition of the Board. – The Board shall be composed of


seventeen (17) members wherein three (3) of which are permanent members,
the other twelve (12) members shall be in an ex officio capacity and the two (2)
shall be regular members.

The three (3) permanent members, who shall possess at least seven-year
training and experience in the field of dangerous drugs and in any of the following
fields: in law, medicine, criminology, psychology or social work, shall be
appointed by the President of the Philippines. The President shall designate a
Chairman, who shall have the rank of a secretary from among the three (3)
permanent members who shall serve for six (6) years. Of the two (2) other
members, who shall both have the rank of undersecretary, one (1) shall serve for
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four (4) years and the other for two (2) years. Thereafter, the persons appointed
to succeed such members shall hold office for a term of six (6) years and until
their successors shall have been duly appointed and qualified.

The other twelve (12) members who shall be ex officio members of the Board are
the following:

(1) Secretary of the Department of Justice or his/her representative;

(2) Secretary of the Department of Health or his/her representative;

(3) Secretary of the Department of National Defense or his/her


representative;

(4) Secretary of the Department of Finance or his/her representative;

(5) Secretary of the Department of Labor and Employment or his/her


representative;

(6) Secretary of the Department of the Interior and Local Government or


his/her representative;

(7) Secretary of the Department of Social Welfare and Development or


his/her representative;

(8) Secretary of the Department of Foreign Affairs or his/her


representative;

(9) Secretary of the Department of Education or his/her representative;

(10) Chairman of the Commission on Higher Education or his/her


representative;

(11) Chairman of the National Youth Commission;

(12) Director General of the Philippine Drug Enforcement Agency.

Cabinet secretaries who are members of the Board may designate their duly
authorized and permanent representatives whose ranks shall in no case be lower
than undersecretary.

The two (2) regular members shall be as follows:

(a) The president of the Integrated Bar of the Philippines; and


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(b) The chairman or president of a non-government organization involved


in dangerous drug campaign to be appointed by the President of the
Philippines.

The Director of the NBI and the Chief of the PNP shall be the permanent
consultants of the Board, and shall attend all the meetings of the Board.

All members of the Board as well as its permanent consultants shall receive a
per diem for every meeting actually attended subject to the pertinent budgetary
laws, rules and regulations on compensation, honoraria and
allowances: Provided, That where the representative of an ex officio member or
of the permanent consultant of the Board attends a meeting in behalf of the latter,
such representative shall be entitled to receive the per diem.

Section 79. Meetings of the Board. – The Board shall meet once a week or as
often as necessary at the discretion of the Chairman or at the call of any four (4)
other members. The presence of nine (9) members shall constitute a quorum.

Section 80. Secretariat of the Board. – The Board shall recommend to the


President of the Philippines the appointment of an Executive Director, with the
rank of an undersecretary, who shall be the Secretary of the Board and
administrative officer of its secretariat, and shall perform such other duties that
may be assigned to him/her. He/she must possess adequate knowledge, training
and experience in the field of dangerous drugs, and in any of the following fields:
law enforcement, law, medicine, criminology, psychology or social work.

Two deputies executive director, for administration and operations, with the ranks
of assistant secretary, shall be appointed by the President upon recommendation
of the Board. They shall possess the same qualifications as those of the
executive director. They shall receive a salary corresponding to their position as
prescribed by the Salary Standardization Law as a Career Service Officer.

The existing secretariat of the Board shall be under the administrative control and
supervision of the Executive Director. It shall be composed of the following
divisions, namely: Policy Studies, Research and Statistics; Preventive Education,
Training and Information; Legal Affairs; and the Administrative and Financial
Management.

Section 81. Powers and Duties of the Board. – The Board shall:

(a) Formulate, develop and establish a comprehensive, integrated, unified


and balanced national drug use prevention and control strategy;

(b) Promulgate such rules and regulations as may be necessary to carry


out the purposes of this Act, including the manner of safekeeping,
disposition, burning or condemnation of any dangerous drug and/or
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controlled precursor and essential chemical under its charge and custody,
and prescribe administrative remedies or sanctions for the violations of
such rules and regulations;

(c) Conduct policy studies, program monitoring and evaluations and other
researches on drug prevention, control and enforcement;

(d) Initiate, conduct and support scientific, clinical, social, psychological,


physical and biological researches on dangerous drugs and dangerous
drugs prevention and control measures;

(e) Develop an educational program and information drive on the hazards


and prevention of illegal use of any dangerous drug and/or controlled
precursor and essential chemical based on factual data, and disseminate
the same to the general public, for which purpose the Board shall
endeavor to make the general public aware of the hazards of any
dangerous drugs and/or controlled precursor and essential chemical by
providing among others, literature, films, displays or advertisements and
by coordinating with all institutions of learning as well as with all national
and local enforcement agencies in planning and conducting its educational
campaign programs to be implemented by the appropriate government
agencies;

(f) Conduct continuing seminars for, and consultations with, and provide
information materials to judges and prosecutors in coordination with the
Office of the Court Administrator, in the case of judges, and the DOJ, in
the case of prosecutors, which aim to provide them with the current
developments and programs of the Board pertinent to its campaign
against dangerous drugs and its scientific researches on dangerous
drugs, its prevention and control measures;

(g) Design special trainings in order to provide law enforcement officers,


members of the judiciary, and prosecutors, school authorities and
personnel of centers with knowledge and know-how in dangerous drugs
and/or controlled precursors and essential chemicals control in
coordination with the Supreme Court to meet the objectives of the national
drug control programs;

(h) Design and develop, in consultation and coordination with the DOH,
DSWD and other agencies involved in drugs control, treatment and
rehabilitation, both public and private, a national treatment and
rehabilitation program for drug dependents including a standard aftercare
and community service program for recovering drug dependents;

(i) Design and develop, jointly with the DOLE and in consultation with
labor and employer groups as well as nongovernment organizations a
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drug abuse prevention program in the workplace that would include a


provision for employee assistance programs for emotionally-stressed
employees;

(j) Initiate and authorize closure proceedings against non-accredited


and/or substandard rehabilitation centers based on verified reports of
human rights violations, subhuman conditions, inadequate medical
training and assistance and excessive fees for implementation by the
PDEA;

(k) Prescribe and promulgate rules and regulations governing the


establishment of such centers, networks and laboratories as deemed
necessary after conducting a feasibility study in coordination with the DOH
and other government agencies;

(l) Receive, gather, collect and evaluate all information on the importation,
exportation, production, manufacture, sale, stocks, seizures of and the
estimated need for any dangerous drug and/or controlled precursor and
essential chemical, for which purpose the Board may require from any
official, instrumentality or agency of the government or any private person
or enterprise dealing in, or engaged in activities having to do with any
dangerous drug and/or controlled precursors and essential chemicals
such data or information as it may need to implement this Act;

(m) Gather and prepare detailed statistics on the importation, exportation,


manufacture, stocks, seizures of and estimates need for any dangerous
drug and/or controlled precursors and essential chemicals and such other
statistical data on said drugs as may be periodically required by the United
Nations Narcotics Drug Commission, the World Health Organization and
other international organizations in consonance with the country's
international commitments;

(n) Develop and maintain international networking coordination with


international drug control agencies and organizations, and implement the
provisions of international conventions and agreements thereon which
have been adopted and approved by the Congress of the Philippines;

(o) Require all government and private hospitals, clinics, doctors, dentists
and other practitioners to submit a report to it, in coordination with the
PDEA, about all dangerous drugs and/or controlled precursors and
essential chemicals-related cases to which they have attended for
statistics and research purposes;

(p) Receive in trust legacies, gifts and donations of real and personal
properties of all kinds, to administer and dispose the same when
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necessary for the benefit of government and private rehabilitation centers


subject to limitations, directions and instructions from the donors, if any;

(q) Issue guidelines as to the approval or disapproval of applications for


voluntary treatment, rehabilitation or confinement, wherein it shall issue
the necessary guidelines, rules and regulations pertaining to the
application and its enforcement;

(r) Formulate guidelines, in coordination with other government agencies,


the importation, distribution, production, manufacture, compounding,
prescription, dispensing and sale of, and other lawful acts in connection
with any dangerous drug, controlled precursors and essential chemicals
and other similar or analogous substances of such kind and in such
quantity as it may deem necessary according to the medical and research
needs or requirements of the country including diet pills containing
ephedrine and other addictive chemicals and determine the quantity
and/or quality of dangerous drugs and controlled precursors and essential
chemicals to be imported, manufactured and held in stock at any given
time by authorized importer, manufacturer or distributor of such drugs;

(s) Develop the utilization of a controlled delivery scheme in addressing


the transshipment of dangerous drugs into and out of the country to
neutralize transnational crime syndicates involved in illegal trafficking of
any dangerous drugs and/or controlled precursors and essential
chemicals;

(t) Recommend the revocation of the professional license of any


practitioner who is an owner, co-owner, lessee, or in the employ of the
drug establishment, or manager of a partnership, corporation, association,
or any juridical entity owning and/or controlling such drug establishment,
and who knowingly participates in, or consents to, tolerates, or abets the
commission of the act of violations as indicated in the preceding
paragraph, all without prejudice to the criminal prosecution of the person
responsible for the said violation;

(u) Appoint such technical, administrative and other personnel as may be


necessary for the effective implementation of this Act, subject to the Civil
Service Law and its rules and regulations;

(v) Establish a regular and continuing consultation with concerned


government agencies and medical professional organizations to determine
if balance exists in policies, procedures, rules and regulations on
dangerous drugs and to provide recommendations on how the lawful use
of dangerous drugs can be improved and facilitated; and
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(w) Submit an annual and periodic reports to the President, the Congress
of the Philippines and the Senate and House of Representatives
committees concerned as may be required from time to time, and perform
such other functions as may be authorized or required under existing laws
and as directed by the President himself/herself or as recommended by
the congressional committees concerned.

Section 82. Creation of the Philippine Drug Enforcement Agency (PDEA). – To


carry out the provisions of this Act, the PDEA, which serves as the implementing
arm of the Board, and shall be responsible for the efficient and effective law
enforcement of all the provisions on any dangerous drug and/or controlled
precursor and essential chemical as provided in this Act.

The PDEA shall be headed by a Director General with the rank of


Undersecretary, who shall be responsible for the general administration and
management of the Agency. The Director General of the PDEA shall be
appointed by the President of the Philippines and shall perform such other duties
that may be assigned to him/her. He/she must possess adequate knowledge,
training and experience in the field of dangerous drugs, and in any of the
following fields: law enforcement, law, medicine, criminology, psychology or
social work.

The Director General of the PDEA shall be assisted in the performance of his/her
duties and responsibilities by two (2) deputies director general with the rank of
Assistant Secretary; one for Operations and the other one for Administration. The
two (2) deputies director general shall likewise be appointed by the President of
the Philippines upon recommendation of the Board. The two (2) deputies director
general shall possess the same qualifications as those of the Director General of
the PDEA. The Director General and the two (2) deputies director general shall
receive the compensation and salaries as prescribed by law.

Section 83. Organization of the PDEA. – The present Secretariat of the National


Drug Law Enforcement and Prevention Coordinating Center as created by
Executive Order No. 61 shall be accordingly modified and absorbed by the
PDEA.

The Director General of the PDEA shall be responsible for the necessary
changes in the organizational set-up which shall be submitted to the Board for
approval.

For purposes of carrying out its duties and powers as provided for in the
succeeding Section of this Act, the PDEA shall have the following Services,
namely: Intelligence and Investigation; International Cooperation and Foreign
Affairs; Preventive Education and Community Involvement; Plans and
Operations; Compliance; Legal and Prosecution; Administrative and Human
Resource; Financial Management; Logistics Management; and Internal Affairs.
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The PDEA shall establish and maintain regional offices in the different regions of
the country which shall be responsible for the implementation of this Act and the
policies, programs, and projects of said agency in their respective regions.

Section 84. Powers and Duties of the PDEA. – The PDEA shall:

(a) Implement or cause the efficient and effective implementation of the


national drug control strategy formulated by the Board thereby carrying out
a national drug campaign program which shall include drug law
enforcement, control and prevention campaign with the assistance of
concerned government agencies;

(b) Undertake the enforcement of the provisions of Article II of this Act


relative to the unlawful acts and penalties involving any dangerous drug
and/or controlled precursor and essential chemical and investigate all
violators and other matters involved in the commission of any crime
relative to the use, abuse or trafficking of any dangerous drug and/or
controlled precursor and essential chemical as provided for in this Act and
the provisions of Presidential Decree No. 1619;

(c) Administer oath, issue subpoena and subpoena duces tecum relative


to the conduct of investigation involving the violations of this Act;

(d) Arrest and apprehend as well as search all violators and seize or
confiscate, the effects or proceeds of the crimes as provided by law and
take custody thereof, for this purpose the prosecutors and enforcement
agents are authorized to possess firearms, in accordance with existing
laws;

(e) 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, if
no longer needed for purposes of evidence in court;

(f) Establish forensic laboratories in each PNP office in every province and
city in order to facilitate action on seize or confiscated drugs, thereby
hastening its destruction without delay;

(g) Recommend to the DOJ the forfeiture of properties and other assets of
persons and/or corporations found to be violating the provisions of this Act
and in accordance with the pertinent provisions of the Anti-Money-
Laundering Act of 2001;

(h) Prepare for prosecution or cause the filing of appropriate criminal and
civil cases for violation of all laws on dangerous drugs, controlled
precursors and essential chemicals, and other similar controlled
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substances, and assist, support and coordinate with other government


agencies for the proper and effective prosecution of the same;

(i) 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, which appear from
the package and address itself to be a possible importation of dangerous
drugs and/or controlled precursors and essential chemicals, through on-
line or cyber shops via the internet or cyberspace;

(j) Conduct eradication programs to destroy wild or illegal growth of plants


from which dangerous drugs may be extracted;

(k) 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 with the active and direct
participation of all such local government units and nongovernmental
organizations, including the citizenry, subject to the provisions of
previously formulated programs of action against dangerous drugs;

(l) 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 its
apprehension of big-time drug lords;

(m) Establish and maintain close coordination, cooperation and linkages


with international drug control and administration agencies and
organizations, and implement the applicable provisions of international
conventions and agreements related to dangerous drugs to which the
Philippines is a signatory;

(n) Create and maintain an efficient special enforcement unit to conduct


an investigation, file charges and transmit evidence to the proper court,
wherein members of the said unit shall possess suitable and adequate
firearms for their protection in connection with the performance of their
duties: Provided, That no previous special permit for such possession
shall be required;

(o) Require all government and private hospitals, clinics, doctors, dentists
and other practitioners to submit a report to it, in coordination with the
Board, about all dangerous drugs and/or controlled precursors and
essential chemicals which they have attended to for data and information
purposes;
170

(p) Coordinate with the Board for the facilitation of the issuance of
necessary guidelines, rules and regulations for the proper implementation
of this Act;

(q) Initiate and undertake a national campaign for drug prevention and
drug control programs, where it may enlist the assistance of any
department, bureau, office, agency or instrumentality of the government,
including government-owned and or –controlled corporations, in the anti-
illegal drugs drive, which may include the use of their respective
personnel, facilities, and resources for a more resolute detection and
investigation of drug-related crimes and prosecution of the drug traffickers;
and

(r) Submit an annual and periodic reports to the Board as may be required
from time to time, and perform such other functions as may be authorized
or required under existing laws and as directed by the President
himself/herself or as recommended by the congressional committees
concerned.

Section 85. The PDEA Academy. – Upon the approval of the Board, the PDEA
Academy shall be established either in Baguio or Tagaytay City, and in such
other places as may be necessary. The PDEA Academy shall be responsible in
the recruitment and training of all PDEA agents and personnel. The Board shall
provide for the qualifications and requirements of its recruits who must be at least
twenty-one (21) years old, of proven integrity and honesty and a Baccalaureate
degree holder.

The graduates of the Academy shall later comprise the operating units of the
PDEA after the termination of the transition period of five (5) years during which
all the intelligence network and standard operating procedures of the PDEA has
been set up and operationalized.

The Academy shall be headed by a Superintendent, with the rank of Director.


He/she shall be appointed by the PDEA Director General.

Section 86. Transfer, Absorption, and Integration of All Operating Units on Illegal


Drugs into the PDEA and Transitory Provisions. – The Narcotics Group of the
PNP, the Narcotics Division of the NBI and the Customs Narcotics Interdiction
Unit are hereby abolished; however they shall continue with the performance of
their task as detail service with the PDEA, subject to screening, until such time
that the organizational structure of the Agency is fully operational and the number
of graduates of the PDEA Academy is sufficient to do the task
themselves: Provided, That such personnel who are affected shall have the
option of either being integrated into the PDEA or remain with their original
mother agencies and shall, thereafter, be immediately reassigned to other units
therein by the head of such agencies. Such personnel who are transferred,
171

absorbed and integrated in the PDEA shall be extended appointments to


positions similar in rank, salary, and other emoluments and privileges granted to
their respective positions in their original mother agencies.

The transfer, absorption and integration of the different offices and units provided
for in this Section shall take effect within eighteen (18) months from the effectivity
of this Act: Provided, That personnel absorbed and on detail service shall be
given until five (5) years to finally decide to join the PDEA.

Nothing in this Act shall mean a diminution of the investigative powers of the NBI
and the PNP on all other crimes as provided for in their respective organic
laws: Provided, however, That when the investigation being conducted by the
NBI, PNP or any ad hoc anti-drug task force is found to be a violation of any of
the provisions of this Act, the PDEA shall be the lead agency. The NBI, PNP or
any of the task force shall immediately transfer the same to the PDEA: Provided,
further, That the NBI, PNP and the Bureau of Customs shall maintain close
coordination with the PDEA on all drug related matters.

ARTICLE X

Appropriations, Management of Funds and Annual Report

Section 87. Appropriations. – The amount necessary for the operation of the


Board and the PDEA shall be charged against the current year's appropriations
of the Board, the National Drug Law Enforcement and Prevention Coordinating
Center, the Narcotics Group of the PNP, the Narcotics Division of the NBI and
other drug abuse units of the different law enforcement agencies integrated into
the PDEA in order to carry out the provisions of this Act. Thereafter, such sums
as may be necessary for the continued implementation of this Act shall be
included in the annual General Appropriations Act.

All receipts derived from fines, fees and other income authorized and imposed in
this Act, including ten percent (10%) of all unclaimed and forfeited sweepstakes
and lotto prizes but not less than twelve million pesos (P12,000,000.00) per year
from the Philippine Charity Sweepstakes Office (PCSO), are hereby constituted
as a special account in the general fund for the implementation of this
Act: Provided, That no amount shall be disbursed to cover the operating
expenses of the Board and other concerned agencies: Provided, further, That at
least fifty percent (50%) of all the funds shall be reserved for assistance to
government-owned and/or operated rehabilitation centers.

The fines shall be remitted to the Board by the court imposing such fines within
thirty (30) days from the finality of its decisions or orders. The unclaimed and
forfeited prizes shall be turned over to the Board by the PCSO within thirty (30)
days after these are collected and declared forfeited.
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A portion of the funds generated by the Philippine Amusement and Gaming


Corporation (PAGCOR) in the amount of Five million pesos (P5,000,000.00) a
month shall be set aside for the purpose of establishing adequate drug
rehabilitation centers in the country and also for the maintenance and operations
of such centers: Provided, That the said amount shall be taken from the fifty
percent (50%) share of the National Government in the income of
PAGCOR: Provided, further, That the said amount shall automatically be
remitted by PAGCOR to the Board. The amount shall, in turn, be disbursed by
the Dangerous Drugs Board, subject to the rules and regulations of the
Commission on Audit (COA).

The fund may be augmented by grants, donations, and endowment from various
sources, domestic or foreign, for purposes related to their functions, subject to
the existing guidelines set by the government.

Section 88. Management of Funds Under this Act; Annual Report by the Board
and the PDEA. – The Board shall manage the funds as it may deem proper for
the attainment of the objectives of this Act. In addition to the periodic reports as
may be required under this Act, the Chairman of the Board shall submit to the
President of the Philippines and to the presiding officers of both houses of
Congress, within fifteen (15) days from the opening of the regular session, an
annual report on the dangerous drugs situation in the country which shall include
detailed account of the programs and projects undertaken, statistics on crimes
related to dangerous drugs, expenses incurred pursuant to the provisions of this
Act, recommended remedial legislation, if needed, and such other relevant facts
as it may deem proper to cite.

Section 89. Auditing the Accounts and Expenses of the Board and the PDEA. –
All accounts and expenses of the Board and the PDEA shall be audited by the
COA or its duly authorized representative.

ARTICLE XI

Jurisdiction Over Dangerous Drugs Cases

Section 90. Jurisdiction. – The Supreme Court shall designate special courts


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

The DOJ shall designate special prosecutors to exclusively handle cases


involving violations of this Act.

The preliminary investigation of cases filed under this Act shall be terminated
within a period of thirty (30) days from the date of their filing.
173

When the preliminary investigation is conducted by a public prosecutor and a


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

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

Section 91. Responsibility and Liability of Law Enforcement Agencies and other


Government Officials and Employees in Testifying as Prosecution Witnesses in
Dangerous Drugs Cases. – Any member of law enforcement agencies or any
other government official and employee who, after due notice, fails or refuses
intentionally or negligently, to appear as a witness for the prosecution in any
proceedings, involving violations of this Act, without any valid reason, shall be
punished with imprisonment of not less than twelve (12) years and one (1) day to
twenty (20) years and a fine of not less than Five hundred thousand pesos
(P500,000.00), in addition to the administrative liability he/she may be meted out
by his/her immediate superior and/or appropriate body.

The immediate superior of the member of the law enforcement agency or any
other government employee mentioned in the preceding paragraph shall be
penalized with imprisonment of not less than two (2) months and one (1) day but
not more than six (6) years and a fine of not less than Ten thousand pesos
(P10,000.00) but not more than Fifty thousand pesos (P50,000.00) and in
addition, perpetual absolute disqualification from public office if despite due
notice to them and to the witness concerned, the former does not exert
reasonable effort to present the latter to the court.

The member of the law enforcement agency or any other government employee
mentioned in the preceding paragraphs shall not be transferred or re-assigned to
any other government office located in another territorial jurisdiction during the
pendency of the case in court. However, the concerned member of the law
enforcement agency or government employee may be transferred or re-assigned
for compelling reasons: Provided, That his/her immediate superior shall notify the
court where the case is pending of the order to transfer or re-assign, within
twenty-four (24) hours from its approval; Provided, further, That his/her
immediate superior shall be penalized with imprisonment of not less than two (2)
months and one (1) day but not more than six (6) years and a fine of not less
than Ten thousand pesos (P10,000.00) but not more than Fifty thousand pesos
(P50,000.00) and in addition, perpetual absolute disqualification from public
office, should he/she fail to notify the court of such order to transfer or re-assign.
174

Prosecution and punishment under this Section shall be without prejudice to any
liability for violation of any existing law.

Section 92. Delay and Bungling in the Prosecution of Drug Cases. – Any


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

Section 93. Reclassification, Addition or Removal of Any Drug from the List of


Dangerous Drugs. – The Board shall have the power to reclassify, add to or
remove from the list of dangerous drugs. Proceedings to reclassify, add, or
remove a drug or other substance may be initiated by the PDEA, the DOH, or by
petition from any interested party, including the manufacturer of a drug, a medical
society or association, a pharmacy association, a public interest group concerned
with drug abuse, a national or local government agency, or an individual citizen.
When a petition is received by the Board, it shall immediately begin its own
investigation of the drug. The PDEA also may begin an investigation of a drug at
any time based upon the information received from law enforcement laboratories,
national and local law enforcement and regulatory agencies, or other sources of
information.

The Board after notice and hearing shall consider the following factors with
respect to each substance proposed to be reclassified, added or removed from
control:

(a) Its actual or relative potential for abuse;

(b) Scientific evidence of its pharmacological effect if known;

(c) The state of current scientific knowledge regarding the drug or other
substance;

(d) Its history and current pattern of abuse;

(e) The scope, duration, and significance of abuse;

(f) Risk to public health; and

(g) Whether the substance is an immediate precursor of a substance


already controlled under this Act.
175

The Board shall also take into accord the obligations and commitments to
international treaties, conventions and agreements to which the Philippines is a
signatory.

The Dangerous Drugs Board shall give notice to the general public of the public
hearing of the reclassification, addition to or removal from the list of any drug by
publishing such notice in any newspaper of general circulation once a week for
two (2) weeks.

The effect of such reclassification, addition or removal shall be as follows:

(a) In case a dangerous drug is reclassified as precursors and essential


chemicals, the penalties for the violations of this Act involving the two
latter categories of drugs shall, in case of conviction, be imposed in all
pending criminal prosecutions;

(b) In case a precursors and essential chemicals is reclassified as


dangerous drug, the penalties for violations of the Act involving precursors
and essential chemicals shall, in case of conviction, be imposed in all
pending criminal prosecutions;

(c) In case of the addition of a new drug to the list of dangerous drugs and
precursors and essential chemicals, no criminal liability involving the same
under this Act shall arise until after the lapse of fifteen (15) days from the
last publication of such notice;

(d) In case of removal of a drug from the list of dangerous drugs and
precursors and essential chemicals, all persons convicted and/or detained
for the use and/or possession of such a drug shall be automatically
released and all pending criminal prosecution involving such a drug under
this Act shall forthwith be dismissed; and

(e) The Board shall, within five (5) days from the date of its promulgation
submit to Congress a detailed reclassification, addition, or removal of any
drug from the list of dangerous drugs.

ARTICLE XII

Implementing Rules and Regulations

Section 94. Implementing Rules and Regulations. – The present Board in


consultation with the DOH, DILG, DOJ, DepEd, DSWD, DOLE, PNP, NBI,
PAGCOR and the PCSO and all other concerned government agencies shall
176

promulgate within sixty (60) days the Implementing Rules and Regulations that
shall be necessary to implement the provisions of this Act.

ARTICLE XIII

Final Provisions

Section 95. Congressional Oversight Committee. – There is hereby created a


Congressional Oversight Committee composed of seven (7) Members from the
Senate and seven (7) Members from the House of Representatives. The
Members from the Senate shall be appointed by the Senate President based on
the proportional representation of the parties or coalitions therein with at least
two (2) Senators representing the Minority. The Members from the House of
Representatives shall be appointed by the Speaker, also based on proportional
representation of the parties or coalitions therein with at least two (2) Members
representing the Minority.

The Committee shall be headed by the respective Chairpersons of the Senate


Committee on Public Order and Illegal Drugs and the House of Representatives
Committee on Dangerous Drugs.

Section 96. Powers and Functions of the Oversight Committee. – The Oversight


Committee on Dangerous Drugs shall, in aid of legislation, perform the following
functions, among others:

(a) To set the guidelines and overall framework to monitor and ensure the
proper implementation of this Act;

(b) To ensure transparency and require the submission of reports from


government agencies concerned on the conduct of programs, projects and
policies relating to the implementation of this act;

(c) To approve the budget for the programs of the Oversight Committee on
Dangerous Drugs and all disbursements therefrom, including
compensation of all personnel;

(d) To submit periodic reports to the President of the Philippines and


Congress on the implementation of the provisions of this Act;

(e) To determine inherent weaknesses in the law and recommend the


necessary remedial legislation or executive measures; and

(f) To perform such other duties, functions and responsibilities as may be


necessary to effectively attain the objectives of this Act.
177

Section 97. Adoption of Committee Rules and Regulations, and Funding. – The


Oversight Committee on Dangerous Drugs shall adopt its internal rules of
procedure, conduct hearings and receive testimonies, reports, and technical
advice, invite or summon by subpoena ad testificandum any public official,
private citizen, or any other person to testify before it, or require any person
by subpoena duces tecum documents or other materials as it may require
consistent with the provisions of this Act.

The Oversight Committee on Dangerous Drugs shall be assisted by a secretariat


to be composed by personnel who may be seconded from the Senate and the
House of Representatives and may retain consultants.

To carry out the powers and functions of the Oversight Committee on Dangerous
Drugs, the initial sum of Twenty-five million pesos (P25,000,000.00) shall be
charged against the current appropriations of the Senate. Thereafter, such
amount necessary for its continued operations shall be included in the annual
General Appropriations Act.

The Oversight Committee on Dangerous Drugs shall exist for a period of ten (10)
years from the effectivity of this Act and may be extended by a joint concurrent
resolution.

Section 98. Limited Applicability of the Revised Penal Code. – Notwithstanding


any law, rule or regulation to the contrary, the provisions of the Revised Penal
Code (Act No. 3814), as amended, shall not apply to the provisions of this Act,
except in the case of minor offenders. Where the offender is a minor, the penalty
for acts punishable by life imprisonment to death provided herein shall
be reclusion perpetua to death.

Section 99. Separability Clause. – If for any reason any section or provision of


this Act, or any portion thereof, or the application of such section, provision or
portion thereof to any person, group or circumstance is declared invalid or
unconstitutional, the remainder of this Act shall not be affected by such
declaration and shall remain in force and effect.

Section 100. Repealing Clause. – Republic Act No. 6425, as amended, is


hereby repealed and all other laws, administrative orders, rules and regulations,
or parts thereof inconsistent with the provisions of this Act, are hereby repealed
or modified accordingly.

Section 101. Amending Clause. – Republic Act No. 7659 is hereby amended


accordingly.

Section 102. Effectivity. – This Act shall take effect fifteen (15) days upon its
publication in at least two (2) national newspapers of general circulation.
178

Approved,

(Sgd) (Sgd)
FRANKLIN M. JOSE DE VENECIA,
DRILON JR.
President of the Senate Speaker of the House
of Representatives

This Act which is a consolidation of Senate Bill No. 1858 and House Bill No. 4433
was finally passed by the Senate and the House of Representatives on May 30,
2002 and May 29, 2002, respectively.

(Sgd) (Sgd)
OSCAR G. YABES ROBERTO P.
Secretary of the Senate NAZARENO
Secretary General
House of
Representatives

Approved: January 23,


2002

(Sgd)
GLORIA
MACAPAGAL-
ARROYO
President of the
Philippines
179

APPENDIX C

ANNEX

1988 UNITED NATIONS CONVENTION AGAINST ILLICIT TRAFFIC IN


NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES

LIST OF SUBSTANCES IN TABLE I

1. ACETIC ANHYDRIDE
2. N-ACETYLANTHRANILIC ACID
3. EPHEDRINE
4. ERGOMETRINE
5. ERGOTAMINE
6. ISOSAFROLE
7. LYSERGIC ACID
8. 3, 4-METHYLENEDIOXYPHENYL-2 PROPANONE
9. NOREPHEDRINE
10. 1-PHENYL-2-PROPANONE
11. PIPERONAL
12. POTASSIUM PERMANGANATE
13. PSEUDOEPHEDRINE
14. SAFROLE
180

THE SALTS OF THE SUBSTANCES LISTED IN THIS TABLE WHENEVER THE


EXISTENCE OF SUCH SALTS IS POSSIBLE.

LIST OF SUBSTANCES IN TABLE II

1. ACETONE
2. ANTHRANILIC ACID
3. ETHYL ETHER
4. HYDROCHLORIC ACID
5. METHYL ETHYL KETONE
6. PHENYLACETIC ACID
7. PIPERIDINE
8. SULPHURIC ACID
9. TOLUENE

THE SALTS OF THE SUBSTANCES LISTED IN THIS TABLE WHENEVER THE


EXISTENCE OF SUCH SALTS IS POSSIBLE (THE SALTS OF
HYDROCHLORIC ACID AND SULPHURIC ACID ARE SPECIFICALLY
EXCLUDED)

1961 UNITED NATIONS SINGLE CONVENTION ON NARCOTIC DRUGS AS


AMENDED BY THE 1972 PROTOCOL

LIST OF DRUGS INCLUDED IN SCHEDULE I

1. Acetorphine
2. Acetyl-alpha-methylfentanyl
3. Acetylmethadol
4. Alfentanil
5. Allylprodine
6. Alphacetylmethadol
7. Alphameprodine
8. Alphamethadol
9. Alpha-methylfentanyl
10. Alpha-methylthiofentanyl
11. Alphaprodine
12. Anileridine
13. Benzethidine
14. Benzylmorphine
15. Betacetylmethadol
16. Beta-hydroxyfentanyl
17. Beta-hydroxy-3-methylfentanyl
18. Betameprodine
19. Betamethadol
20. Betaprodine
21. Bezitramide
181

22. Cannabis and Cannabis resin and extracts and tinctures of cannabis
23. Clonitazene
24. Coca leaf
25. Cocaine
26. Codoxime
27. Concentrate of poppy straw
28. Desomorphine
29. Dextromoramide
30. Diampromide
31. Diethylthiambutene
32. Difenoxin
33. Dihydroetorphine
34. Dihydromorphine
35. Dihydromorphine*
36. Dimenoxadol
37. Dimepheptanol
38. Dimethylthiambutene
39. Dioxaphetyl butyrate
40. Diphenoxylate
41. Dipipanone
42. Drotebanol
43. Ecgonine
44. Ethylmethylthiambutene
45. Etonitazene
46. Etorphine
47. Etoxeridine
48. Fentanyl
49. Furethidine
50. Heroin
51. Hydrocodone
52. Hydromorphinol
53. Hydromorphone
54. Hydroxypethidine
55. Isomethadone
56. Ketobemidone
57. Levomethorphan
58. Levomoramide
59. Levophenacylmorphan
60. Levorphanol
61. Metazocine
62. Methadone
63. Methadone Intermediate
64. Methyldesorphine
65. Methyldihydromorphine
66. 3-methylfentanyl
67. 3-methylthiofentanyl
182

68. Metopon
69. Moramide intermediate
70. Morpheridine
71. Morphine
72. Morphine methobromide
73. Morphine-N-oxide
74. MPPP
75. Myrophine
76. Nicomorphine
77. Noracymethadol
78. Norlevorphanol
79. Normethadone
80. Normorphine
81. Norpipanone
82. Opium
83. Oxycodone
84. Oxymorphone
85. Para-fluorofentanyl
86. PEPAP
87. Pethidine
88. Pethidine intermediate A
89. Pethidine intermediate B
90. Pethidine intermediate C
91. Phenadoxone
92. Phenampromide
93. Phenazocine
94. Phenomorphan
95. Phenoperidine
96. Piminodine
97. Piritramide
98. Proheptazine
99. Properidine
100. Racemethorphan
101. Racemoramide
102. Racemorphan
103. Remifentanil
104. Sufentanil
105. Thebacon
106. Thebaine
107. Thiofentanyl
108. Tilidine
109. Trimeperidine

-----
183

*
 Dextromethorphan (+)-3-methoxy-N-methylmorphinan and dextrorphan (+)-3-
hydroxy-N-methylmorphinan are isomers specifically excluded from this
Schedule.

AND the isomers, unless specifically excepted, of the drugs in this Schedule
whenever the existence of such isomers is possible within the specific chemical
designation;

The esters and ethers, unless appearing in another Schedule, of the drugs in this
Schedule whenever the existence of such esters or ethers is possible;

The salts of the drugs listed in this Schedule, including the salts of esters, ethers
and isomers as provided above whenever the existence of such salts is possible.

LIST OF DRUGS INCLUDED IN SCHEDULE II

1. Acetyldihydrocodeine
2. Codeine
3. Dextropropoxyphene
4. Dihydrocodeine
5. Ethylmorphine
6. Nicocodine
7. Nicodicodine
8. Norcodeine
9. Pholcodine
10. Propiram

And the isomers, unless specifically excepted, of the drugs in this Schedule
whenever the existence of such isomers is possible within the specific chemical
designation.

The salts of the drugs listed in this Schedule, including the salts of the isomers as
provided above whenever the existence of such salts is possible.

LIST OF DRUGS INCLUDED IN SCHEDULE III


1. Acetyldihydrocodeine,
Preparations Codeine,
of : Dihydrocodeine,
Ethylmorphine,
Nicocodine,
Nicodicodine,
Norcodeine and
Pholcodine
When compounded with one or more
other ingredients and containing not
184

more than milligrams of the drug per


dosage unit and with a concentration
of not more than 2.5 per cent in
undivided preparations.
2. Propiram containing not more than
Preparations 100 milligrams of propiram per
of : dosage unit and compounded with at
least the same amount of
Methylcellulose.
3. Dextropropoxyphene for oral use
Preparations containing not more than 135
of : milligrams of dextropropoxyphene
base per dosage unit or with a
concentration of not more than 2.5
per cent in undivided preparations,
provided that such preparations do
not contain any substance controlled
under the Convention on
Psychotropic Substances of 1971.
4. Cocaine containing not more than 0.1
Preparations per cent of cocaine calculated as
of : cocaine base; and

Preparations Opium or morphine containing not


of: more than 0.2 per cent of morphine
calculated as anhydrous morphine
base and compounded with one or
more other ingredients and in such a
way that the drug cannot be
recovered by readily applicable
means or in a yield that would
constitute a risk to public health.
5. Difenoxin containing, per dosage
Preparations unit, not more than 0.5 milligrams of
of : difenoxin and a quantity of atropine
sulfate equivalent to at least 5 per
cent of the dose of difenoxin.
6. Diphenoxylate containing per dosage
Preparations unit, not more than 2.5 milligrams
of : diphenoxylate calculated as base and
a quantity of atropine sulfate
equivalent to at least 1 per cent of the
dose of diphenoxylate.
185

7. Pulvis ipecacuanhae et opii


Preparations compositus
of :
10 per cent opium in powder
10 per cent ipecacuanha root,
in powder well mixed with
80 per cent of any other
powdered ingredient
containing no drug.
8. Preparations conforming to any of the formulas
listed in this Schedule and mixtures such
preparations with any material which contains no
drug.

LIST OF DRUGS INCLUDED IN SCHEDULE IV

1. Acetorphine
2. Acetyl-alpha-methylfentanyl
3. Alpha-methylfentanyl
4. Alpha-methylthiofentanyl
5. Beta-hydroxy-3-methylfentanyl
6. Beta-hydroxyfentanyl
7. Cannabis and Cannabis resin
8. Desomorphine
9. Etorphine
10. Heroin
11. Ketobemidone
12. 3-methylfentanyl
13. 3-methylthiofentanyl
14. MPPP
15. Para-fluorofentanyl
16. PEPAP
17. Thiofentanyl

AND the salts of the drugs listed in this Schedule whenever the formation of such
salts is possible

1971 UNITED NATIONS SINGLE CONVENTION ON PSYCHOTROPIC


SUBSTANCES

LIST OF SUBSTANCES IN SCHEDULE I

BROLAMFETAMINE (±)-4-Bromo-2,5-
(DOB) dimethoxy-a-
186

methylphenethylamine

Dimethoxybromoampheta
mine
CATHINONE (-)-(S)-2-
Aminopropiophenone
DET 3-[2-
(Diethylamino)ethyl)indole)
DMA (±)-2,5-DIMETHOXY-a-
methylphenethylamine

2,5
Dimethoxyamphetamine
DMPH 3-(1,2-Dimethylhepty)-
7,8,9,-10-tetrahydro-6,6,9-
trimethyl-6H-
dibenzo[b,d]pyran-1-ol
DMT 3-[2-
(Dimethylamino)ethyl]indol
e
DOET (±)-4-Ethyl-2,5-dimethoxy-
a-phorethylamine

2,5-Dimethoxy-4-
ethylamphetamine
ETICYCLIDINE (PCE) N-Ethyl-1-
phenylcyclohexylamine
ETRYPAMINE 3-(2-Aminobutyl)indole
(+)-LYSERGIDE (LSD, 9,10-Didehydro-N,N-
LSD-25) diethyl-6-methylergoline-
8b- carboxamide
MDA (+)-N, a-Dimethyl-3,4-
(methylene-
dioxy)phenethylamine

3,4-
Methylenedioxymethamph
etamine
MESCALINE 3,4,5-
Trimethoxyphenethylamine
187

METHCATHINONE 2-(Methylamino)-1-
phenylpropan-1-one
4- (+)-cis-2-Amino-4-methyl-
METHYLAMINOREX 5-phenyl-2-oxazoline
MMDA 2-Methoxy-a-methyl-4,5-
(methylenedioxy)phenethyl
amine

5-Methoxy-3,4-
methylenedioxyamphetami
ne
N-ETHYL MDA (+)-N-Ethyl-a-methyl-
3,4(methylenedioxy)phenet
hylamine

3-4-Methylenedioxy-N-
ethylamphetamine
N-HYDROXY MDA (+)-N-[a-Methyl-3,4-
(methylenedioxy)phenethyl
]-hydroxylamine
PARAHEXYL 3-Hexyl-7,8,9,10-
tetrahydro-6,6,-9-trimethyl-
6H-dibenzo[b,d]pyran-1-ol
PMA p-Methoxy-a-
methylphenethylamine

Paramethoxyamphetamine
PSILOCINE, 3-[2-
PSILOTSIN (Dimethylamino)ethyl]indol-
4-ol
PSILOCYBINE 3-[2-
(Dimethylamino)ethyl]indol-
4-yl

dihydrogen phosphate
ROLICYCLIDINE 1-(1-
(PHP, PCPY) Phenylcyclohexyl)pyrrolidin
e
STP, DOM 2,5-Dimethoxy-a,4-
dimethylphenethylamine
188

TENAMFETAMINE a-Methyl-3,4-
(MDA) (methylenedioxy)phenethyl
amine

Methylenedioxyamphetami
ne
TENOCYCLIDINE 1-[1-(2-
(TCP) Thienyl)cyclohexyl]piperridi
ne
TETRAHYDROCANN - the following isomers and
ABINOL their stereochemical
variants:

7,8,9,10-
Tetrahydro-
6,6,9-
trimethyl-3-
pentyl-6H-
dibenzo[b,d]p
yran-1-ol

(9R,10aR)-
8,9,10,10a-
Tetrahydro-
6,6,9-
trimethyl-3-
pentyl-6H-
dibenzo[b,d]p
yran-1-ol

(6aR,9R,10a
R)-
6a,9,10,10a-
Tetrahydro-
6,6,9-
trimethyl-3-
pentyl-6H-
dibenzo[b,d]p
yran-1-ol

(6aR,10aR)-
6a,7,10,10a-
Tetrahydro-
6,6,9-
trimethyl-3-
189

pentyl-6H-
dibenzo[b,d]p
yran-1-ol

(6a,7,8,9-
Tetrahydro-
6,6,9-
trimethyl-3-
pentyl-6H-
dibenzo[b,d]p
yran-1-ol

(6aR,10aR)-
6a,7,8,9,10,1
0a-
Hexahydro-
6,6,dimethyl-
9-methylene-
3-pentyl-6H-
Dibenzo[b,d]p
yran-1-ol
TMA (±)-3,4,5-Trimethoxy-a –
methylphenethylamine

3,4,5-
Trimethoxyamphetamine

4-MIA-(a-methyl-4-
methylthiophenethylamine)

The stereoisomers, unless specifically excepted, of substances in this Schedule,


whenever the existence of such stereou\isomers is possible within the specific
chemical designation.

LIST OF SUBSTANCES IN SCHEDULE II

1. AMFETAMINE (AMPHETAMINE)
2. DEXAMFETAMINE (DEXAMPHETAMINE)
3. FENETYLLINE
4. LEVAMFETAMINE (LEVAMPHETAMINE)
5. LEVOMETHAMPHETAMINE
6. MECLOQUALONE
7. METAMFETAMINE (METHAMPHETAMINE)
8. METHAMPHETAMINE RACEMATE
190

9. METHAQUALONE
10. METHYLPHENIDATE
11. PHENCYCLIDINE (PCP)
12. PHENMETRAZINE
13. SECOBARBITAL
14. DRONABINOL (delta-9-tetrahydro-cannabinol and its stereochemical
variants)
15. ZIPEPROL
16. 2C-B(4-bromo-2,5-dimethoxyphenethylamine)

LIST OF SUBSTANCES IN SCHEDULE III

1. AMOBARBITAL
2. BUPRENORPHINE
3. BUTALBITAL
4. CATHINE (+)-norpseudo-ephedrine
5. CYCLOBARBITAL
6. FLUNITRAZEPAM
7. GLUTETHIMIDE
8. PENTAZOCINE
9. PENTOBARBITAL

Substances in Schedule IV

1. ALLOBARBITAL
2. ALPRAZOLAM
3. AMFEPRAMONE 4. AMINOREX
5. BARBITAL
6. BENZFETAMINE(benzphetamine)
7. BROMAZEPAM
8. Butobarbital
9. BROTIZOLAM
10. CAMAZEPAM
11. CHLORDIAZEPOXIDE
12. CLOBAZAM
13. CLONAZEPAM
14. CLORAZEPATE
15. CLOTIAZEPAM
16. CLOXAZOLAM
17. DELORAZEPAM
18. DIAZEPAM
19. ESTAZOLAM
20. ETHCHLORVYNOL
21. ETHINAMATE
22. ETHYL LOFLAZEPATE
23. ETILAMFETAMINE(N-ethylampetamine)
191

24. FENCAMFAMIN
25. FENPROPOREX
26. FLUDIAZEPAM
27. FLURAZEPAM
28. HALAZEPAM
29. HALOXAZOLAM
30. KETAZOLAM
31. LEFETAMINE(SPA)
32. LOPRAZOLAM
33. LORAZEPAM
34. LORMETAZEPAM
35. MAZINDOL
36. MEDAZEPAM
37. MEFENOREX
38. MEPROBAMATE
39. MESOCARB
40. METHYLPHENOBARBITAL
41. METHYPRYLON
42. MIDAZOLAM
43. NIMETAZEPAM
44. NITRAZEPAM
45. NORDAZEPAM
46. OXAZEPAM
47. OXAZOLAM
48. PEMOLINE
49. PHENDIMETRAZINE
50. PHENOBARBITAL
51. PHENTERMINE
52. PINAZEPAM
53. PIPRADROL
54. PRAZEPAM
55. PYROVALERONE
56. SECBUTABARBITAL
57. TEMAZEPAM
58. TETRAZEPAM
59. TRIAZOLAM
60. VINYLBITAL GHB (Gamma-Hydroxyburic acid)
61. Zolpidem
192

References

Calima, et al (2012), Compendum on Criminal Justice Education: A textbook on


Philippine Criminology, Wisemans Books Trading, Quezon City, Philippines.

Manwong, R. (2010), My Quizzer in Criminology: A Reviewer, Series 4, WBT,


Quezon City, Philippines.

Manwong, R. (2007), Instructional Materials in Drug Education and Vice Control,


2nd Edition, WBT, Quezon City, Philippines.

Manwong, R. (2006), Instructional Materials in Drug Education and Vice Control,


Master’s Thesis, University of Baguio, Baguio City, Philippines.

Manwong, Rommel K. Handbook on Drug Education and Vice Control: for Law
Enforcers, Criminology Students and Reviewees. Baguio City: Valencia
Educational Supply, 2002.

Sotto, V. III (1994), A Vision for Drug Free Philippines, Mary Jo Publishing/
Educational Supply, Sampaloc Manila.
193

Vidal, P. (1988). War Against Drug Abuse, Mar Jo Publishing/ Educational


Supply, Sampaloc Manila.

Dungo, J. (1988), Notes on Drug Education and Vice Control, Philippine College
of Criminology, Manila Philippines.

Coleman, J. (1980), Abnormal Psychology and Modern Life, JMC Press Inc.

RKMCS Review Materials, RKMCS Review Center, Cubao Quezon City


Philippines.

PNP Criminal Investigation Manual, Prepared and Distributed by CIDG.

History of Marijuana and Cannabis Use and Abuse, Downloaded copy,


December 2012, www.erowid.org.

Republic Act No. 6425 “Dangerous Drugs Act of 1972

Republic Act No. 9165 “Comprehensive Dangerous Drugs Act of 2002”

http://economicstudents.com/2018/05/oplan-tokhang-philippines-war-drugs/

http://pdea.gov.ph/laws-and-regulations/ra-10640

https://www.lawphil.net/statutes/repacts/ra2002/ra_9165_2002.html

https://www.drugabuse.gov/publications/drugs-brains-behavior-science-
addiction/preventing-drug-misuse-addiction-best-strategy

https://www.vocabulary.com/dictionary/vice

https://onlinelibrary.wiley.com/doi/abs/10.1002/9781118701386.ch3

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