`

DR. VLADIMIR V. VILLASENOR,MD,FPAMS/FIAMS,MMPA

MEDICO-LEGAL CONSULTANT
Drugs and Medicine
Drug is a substance other
than food intended to affect
the function of the body.
(Webster dictionary)

Medicine is a substance in
certain doses which when
taken into the human body
cures illness and/or relieves
signs/symptoms of disease
 Dangerous Drugs
A substance affecting the CNS
which when taken into the human
body brings about
- physical,
- emotional or
- behavioral changes in a
person taking it.
Drug Dependency
Cluster of physiological,
behavioral and cognitive
phenomena in which use of a
drug resulting a strong desire
and difficulties of controlling it.
- (WHO definition)
Drug Abuse Any non-medical
use of drugs that can cause
physical, psychological, legal,
economic, or social damage to
the user or to people affected by
user’s behavior.
 Drug Dependence
Means a state of psychic or
physical dependence, or
both, on a dangerous drug,
arising in a person following
administration or use of that
drug on a periodic or
continuous basis
Characteristics:
Physical dependence – the
body’s physical system
changes until the body
needs that particular drug
in order to function
Mental or Psychological
dependence – a need of
drug in order to feel good,
to get b y or feel normal
Use – act of injecting,
intravenously or intrmuscularly,
or of consuming, either by
chewing, smoking, sniffing,
eating, swallowing, drinking, or
otherwise introducing into the
physiological system of the
body, any of the dangerous
drugs
Sell – the act of giving a
dangerous drug, whether for
money or any other material
consideration

Idiosyncrasy or side effect

 DANGEROUS DRUGS
CLASSIFICATION OF DRUGS

By General
By Origin & Effect By Use By Schedule
Function
Stimulants
Predator drugs I
Depressant
s
Semi- Club drugs II
Natural Hallucinogen
syntheti
Product s
c Inhalants
Synthetic III
Analgesic
Human-Performanc
e
Narcotics Drugs IV
 BY ORIGIN

• Natural Drugs
• Active ingredients, secondary metabolic
products of plan ts and other living systems
that may e isolated by extraction.
• Examples: Raw opium
Marijuana
Coca Bush
Papaver somniferum
Opium Pods
Cocaine
coke, crank, snow, crack (crystalline
free-base form), zip

The word “coca” is a

pre-Incan Tiwanaku word
Khoka means “the plant”
Originated from Erytroxylon coca
Chewed to produce mild (Found in S America & Java)
and long lasting euphoria
Used as a Local anesthetic in
minor surgery.

Most Potent natural stimulant

Some users combine cocaine

powder or crack with heroin in
a "speedball.“
PEYOTE CACTUS/MESCALINE
PSILOCYBE MUSHROOMS/PSILOCYBIN
 Marijuana
• A preparation from the
plant Cannabis
• consists of crushed
leaves mixed with
flower, stem & seed
• plant secretes a sticky
resin known as
hashish
 LSD
• A semisynthetic drug
synthesized from
lysergic acid
• a substance that comes
from Clavica purpurea,
• a fungus which grows on
rye plants
• Colorless, odorless ,
tasteless liquid
• Synthetic Drugs
•are artificially produced substances, synthesized
in the laboratory for the illicit market, which are
almost wholly manufactured from the chemical
compounds in illicit laboratories
Examples: Amphetamines
Barbiturates
Methadone
Diazepam
Mescaline
 BY GENERAL EFFECT

STIMULANTS – “Uppers”
• are drugs which increase alertness of physical
disposition
• Example: Methamphetamine hydrochloride (Shabu) –
Poor man’s cocaine, white odorless crystalline
substance with a bitter numbing taste
General: anxiety, irritability, irrational behavior
Long term: psychosis similar to schizophrenia,
difficulty in concentrating
Physical: Chest pain, irregular heartbeat,
hypertension, convulsion, death
 Methylamphetamine
Ephedra plant (Ma
Originally synthesized from
Huang)
Ephedrine in Japan by Dr Nagayoshi
Nagai (1888).
Ephedra growing area in China
 Forms of Methylamphetamine

1. ice/ crystals 4. Liquid Meth

2. Tablet/ “yaba”
3. powder
 Origin of the word “Shabu”
“Shabu” is a
japanese word
means
”when you used it you will
become thin as bones” "shabu-shabu" is
an onomatopoeia
(imitate sound)
representing the
sound meat
makes when
swished through
the bubbling
water.
 Methamphetamine
ESTIMATES OF USE
• 33 million globally (0.8% adult population)
• 2/3 in Asia
• Thailand 6.9% of adult population
• Philippines 2.8% adult population
• Japan 1.8% adult population

ROUTE OF ADMINISTRATION
Swallowing Snorting
Smoking (chasing the dragon)
Injecting
• In a global survey conducted in 2003, the
Philippines ranked third behind Thailand and
Australia in terms of methamphetamine abuse.
Methamphetamine production has also increased in
recent years. In 2002 alone, four (4) clandestine
laboratories were dismantled in the country followed
by an all-time high of eleven (11) in both 2003 and
2004 and seven (7) laboratories in 2005. About four
thousand kilograms of methamphetamine were
seized from these laboratories.
LIGHTER: The
Paraphernalia
source of heat that “Chasing the Dragon”
converts the
crystals into gases. Meth & Heroin users
Rolled aluminum
foil or metal with
hollow opening
on both sides

TOOTER: Aids in
smoking gases
converted from
burning FOIL: Converts
methamphetamine. crystal into gases
suitable for smoking.

The shiny side of the

foil is the one who
touches the flame.
 Effect in the body
Meth changes the heart muscle
fibers (normal fibers are on the
left, damaged fibers on the
right). The fibers on the right
have lost many of their
cross-striations, which can lead
to decreased cardiac
contractility.
As a stimulant, this
substances mimic the
hormones (symp, parasymp
etc) responsible for the
release of energy in the body.
Used to increase mental
activity, relieve fatigue and
offset drowsiness.
 Speedballing
• the practice of taking heroin and
cocaine together
 snorted, smoked, or injected
• Oral (chewing)
• Snorted, (nasal tissues to bloodstream)
• Injected, (bloodstream).
• Smoking (inhaling vapor or smoke into the lungs
where absorption into the bloodstream is as
rapid as by injection).
 Extends the activity of
Effects of Cocaine dopamine by blocking its
reabsorption. Dopamine is a
neurotransmitter that transmits
Cocaine use causes peripheral “pleasure signals” in the brain.
blood vessels to constrict, while
heart rate and blood pressure
rise. This can cause heart
failure, and can also cause blood
vessels in the brain to explode,
leading to brain damage and/or
death.
 Pregnant

Effects woman can

cause mental
retardation to
their unborn
babies
Loss of sexual
desire, lacks
interest towards
work, loss of
memory

• Extended wakefulness and increased

mental alertness
• Loss of memory Chronic
snorters suffer
• Irritability, anxiety and fear from irritation of
• Loss of appetite resulting in decreased the nose to
body weights frequent nose
bleeding
She was one of the biggest female artists of
her generation — with a string of ’80s and ’90s
Hit singles like I Wanna Dance with Somebody
And more than 100million albums sold.
SUPERSTAR Whitney Houston has spiraled into a
world of squalor and degradation on deadly crack
— as the shocking pictures in today's Sun
newspaper reveal.
Drug paraphernalia including a crack-smoking
pipe, rolling papers, cocaine-caked spoons and
cigarette ends are strewn across the surface tops.
But Whitney, 42, no longer cares.
• Now she is a paranoid wreck hopelessly
hooked on crack.
• Drugs have devastated her once-famous
beauty.
• She is haggard, with dark circles under her
eyes and a deranged look on her face.
• She regularly disappears for days and
weeks at a time — holed up in seedy crack
dens in dangerous parts of town.
• And she has blown much of her multi-million
pound showbiz fortune on her habit.
BEFORE
TODAY
Millions of fans will find it hard to believe that
THIS was once the wholesome girl admired
for her stunning looks and amazing voice.
HALLUCINOGENS

• are drugs which affects sensation, thinking,

self-awareness and emotion
• Example: Ecstacy – XTC, Adam, essence, E

Exaggerated emotions, makes HR and BP hike up, dries

the mouth, stiffens arms, legs, jaws; dilates pupils of the
eyes, causes faintness, chills sweating and nausea,
death
 Hallucinogens
A user may
Hallucinogens are drugs speak of
that can produce changes in “hearing”
mood and behavior and can colors, and
produce delusions and “seeing”
hallucinations. sounds.
 Cannabis plant
• The male plants
produce pollen which
pollenates the flowers
of the female plant,
which once pollenized,
produce seeds.
• Usually 40-50% of the
plants are male.
• During stage of flower
development, the tips
of the branches where
a bud would develop
will start to grow what
looks like a little bud
(little balls) but it will
have no white hairs
coming out of it.
• If the female plant isn't
pollenized (if there are
no male plants nearby
producing pollen), the
flower/buds continue to
develop and produce
THC.
• Female plants which
are not pollenized are
referred to as
sensemilla (without
seeds).
• Females will have no
balls and will have
small white hairs.
Marijuana, Cannabis or Indian Hemp:
Embraces every kind, class, genus or specie of the plant Cannabis
Sativa L including Cannabis Americana, hashish, bhang, guaza,
churrus and ganjab

Cannabis Sativa is an annual plant growth

wild in many temperate parts of the world.
It consist of crushed cannabis leaves and
its flowers
Marijuana Paraphernalia

Cigarette rolling paper

(Zig zag) - A brand of
rolling papers famous
for the silhouette of a
Water pipe
bearded smoker on
the label.

ceramic pipe
 Popular figures in movies, television, and
the music industry support the use of
marijuana.

Viper - 1930s hipsters who frequented tea pads and smoked jive;
onomatopoeic from ssssssssst, the sound made by an inhaling pot-smoker.
Or are perceived as supporting marijuana use
And of course the internet
where you can look up
recipes, order seeds, get
cultivation advice and
paraphernalia.
Effects of Marijuana on the
Brain
• THC damages and destroys nerve cells of the
hippocampus, a part of the brain that is crucial
for learning, memory, and the integration of
sensory experiences with emotions and
motivation. Marijuana abuse is thus associated
with attention and memory problems.

• It has been shown to cause changes in the brain

that “prime” the user to become more
easily addicted to other drugs.
 Effects of Marijuana on the
Lungs
• The daily use of one to three marijuana
joints produces approximately the same
lung damage and potential cancer risk as
smoking five times as many cigarettes!
Thus MJ users are prone to cancers as
tobacco users.

• Users are also more likely to get bronchitis

and chest colds.
 Social Costs
Students who smoke marijuana get lower
grades in school and are less likely to
graduate, that students who do not smoke
marijuana.

Employees who smoke marijuana have

more accidents, increases tardiness rates,
reduced attentiveness and, a general loss
in productivity.
DEPRESSANTS – “Downners”
• are drugs which depress or lower the
functions of the Central Nervous System

• Types:
• Narcotics – induces sleep (hypnotics)
or stupor, relieve pain (analgesics).
Ex. Opium, Opiates, heroin, morphine
• Tranquilizers – reduces anxiety, ease tension
and relax muscles
• Sedatives and hypnotics – calm the nerves,
reduce tension and induce sleep.
Ex Barbiturates and alcohol
 Pain or discomfort of a

Narcotics psychosomatic nature comes from

Derived from Greek word for
stupor-variety of substance
that dulled senses.
mental image pictures created by
the thetan which press against and
affect the body.
Painkiller inhibit the action of thetan

Used to eliminate pain by

relaxing muscle from overuse
or injuries.

Addictive narcotics composed

of opiates and Analgesics
Opium poppy (papaver somniferum L.)
- the natural source of opiates
The collection of coagulated juice from opium poppy

Opium crop from the MalwaOpium crop from

the Malwa region of India
Opium Poppy
Any part of the plant of the species
Papaver Somniferum L. (wild
coast Mediterranean, East Asia)
Papaver Setigerum L. (west
Asia)
Papaver orientale (Asia)
Papaver Bracteatum
Papaver Rhoeas Prohibited even for floral,
decorative or culinary (bread
seasoning) purposes.
An opium den in the China Town,
Kolkata, India 1945
OPIUM produces more drugs
through chemical processes.

Extraction Acetylation

Solvent Acetic acid

Opium
Morphine Heroin
 3,6 diacetyl derivatived

Heroin (diamorphine, diacetylmorphine)

Short-Term Long-Term
Effects Effects
•"Rush" •Addiction
•Depressed respiration •Infectious diseases, for
•Clouded mental example, HIV/AIDS
functioning and hepatitis B and C
•Nausea and vomiting •Collapsed veins
•Suppression of pain •Bacterial infections
•Spontaneous abortion •Abscesses
•Infection of heart
lining and valves
•Arthritis and other
rheumatologic
problems

derived from "a hero" for it's

Speedball – mixture of cocaine
supposed effect of saving with heroin or morphine
morphine addicts
Effect of Opiates in the body

• Inhibits cells in the brain stem responsible for

respiration - slows down and in some cases,
stops breathing.
• Stimulates cells in vomiting center causing
nausea and vomiting.
• Inhibits peristalsis causing constipation
• Lowers testosterone level by binding to
hypothalamus cells.
• The use of needles for drug injection
provides an entryway for many kinds of
infections.
 Prescription drugs
Sedatives and Hypnotic drugs

Used to calm the nerves, reduce tension and

induce sleep.
Sedatives were usually used in date rape
cases. Examples are alcohols, barbiturates,
tranquilizers.
Ethyl alcohol is not included in RA 9165.
Barbiturates
Common name: “yellow jackets”, “blue devils”,
rainbow, Amy’s and “reds” (stem from the color of
the capsule or tablet).

First synthesize (1863) by Adolf

von Baeyer (German Chemist). The agent that
cause Marilyn
The word "barbiturate" is a Monroe's death
combination of "Barbara" with
"urea":

von Baeyer discovered it on Saint

Barbara’s Day, and urea
was used in the synthesis
of the new molecule.
Barbara + Urea
Tranquilizer (Benzodiazepam)
2 Types: Examples:
Major Tranquilizer and Rohypnol and
Minor Tranquilizer valium

"benzodiazepines" has replaced many of the

barbiturates. However, barbiturates are still used to
treat some types of epilepsy.

Combining with alcohol (in substantial amount) can

lead to coma or even death.

Tolerance can cause physical dependence, with typical

withdrawal symptoms ranging from nightmares to
convulsions when the drug intake is stopped.
 Alcoholic Beverages
The main component is Ethanol (hydroxyl containing organic compound).

Types:
1. Fermented- low alcoholic content, example
beer = 4-6% ethanol
2. Wine – 8-14%
3. Distilled – high alcoholic content
Alcohol intoxication: a. 100 proof = 50%
when the quantity of b. 80 proof = 40%
alcohol the person 4. Combination (fortified, port & sherry wine.)
consumes exceeds the
individual's tolerance
for alcohol, producing
behavioral or physical
abnormalities
Survey: #1
alcoholic
beverage that
cause rape
Effects of prescription drugs
UNDER SCHEDULE IV
Depressants has been associated
with an increased incidence of
infection with bacterial meningitis.
The pus that accumulates on the
tissues surrounding the brain is
visible in this picture.

Depressants can provide an

entryway into the body for
microorganisms that attack and
destroy heart valve tissue. The top
picture shows a normal aortic valve;
the bottom picture shows one that
has been “chewed away” by
infective endocarditis.
 Depressants provides an entryway
into the body for the viruses that
cause different types of hepatitis.
This picture shows the damage to
liver tissue that hepatitis can cause.

Over time, hepatitis

infection can lead to
cirrhosis of the liver. This
occurs more commonly with
hepatitis B, but can
sometimes occur with
hepatitis C.
• IV Drugs: IV
drug use has
also been
associated
with an
increased
incidence of
infection with
tuberculosis.
The lung
pictured has
been
significantly
damaged by
such infection.
 DESIGNER DRUGS

Club drugs

•Combination of effects and chemically related but different effect

to known narcotic and psychotropic substances
Superman Smiley Sunflower Footprint (20:5:1) Daisy (4:1) Omega
MDMA MDMA MDA Caffeine:Meth:MDMA Caffeine:MDMA none

ECSTACY
Dove (4:1) Sunshine (1.2:1) Duck Fish
MDMA:Meth PCP: Pseudo/ephedrine MDMA MDMA

Clover (15:5:2:1)
Caffeine:MDMA:Meth:Pseudo/
ephedrine
Bat Crab Butterfly (50:5:5) V8 (3:1)
MDMA MDMA Caffeine:Meth:MDMA MDMA:Caffeine

Euro (1:1) Rainbow Split (1:1) Martian/ Jollibee Star Unknown

MDMA:Meth Pseudo/ephedrine Cariprosodol:Meth (2:1) MDMA:Meth MDMA Carbamezipine
MDMA – Methylene dioxy Methamphetamine
Ecstacy, Adam, Eve, superman, martian etc
 MDMA
(3,4-Methylenedioxymethamphetamine)

-commonly known as ecstasy, X, E, XTC, Hug, beans etc.

-semi-synthethic & psychoactive compound.

-shares stimulant & hallucinogenic attributes of LSD

& amphetamine.

-Considered neurotoxic.

- mol. wt.: 193.25 g/mol

 Empathogen vs Entactogen

Entactogen Greek “en” (inside) and “gen” (to induce) and the Latin
“tactus” (tact). It describes a condition that allows users to “make contact” with
their own feelings and those of others.
 Did You Know?

Ecstasy is both a stimulant and hallucinogen.

Ecstasy is sold mostly in pill form, but also
comes in powder
Ecstasy pills are made in illegal labs.
Ecstasy has been known to contain
amphetamines, tranquilizers, cough
suppressants, and caffeine.
How Will Ecstasy Affect Me?
Dehydration
Heat stroke
Rapid heartbeat
High blood pressure
Faintness
Seizures
Unconsciousness
Death
Ecstasy/MDMA: Damage to
Serotonin-Producing Neurons
Ketamine
jet, super acid, Special "K", green, K, cat Valium

Appearance: Comes in a clear

liquid and a white or off-white
powder form.
 History
• Ketamine was first synthesized in 1962
was first synthesized in 1962 in an attempt
to find a safer anesthetic alternative to
PCP was first synthesized in 1962 in an
attempt to find a safer anesthetic
alternative to PCP, which was more likely
to cause hallucinations was first
synthesized in 1962 in an attempt to find a
safer anesthetic alternative to PCP, which
was more likely to cause hallucinations
and seizures.
 How is Ketamine used?
• Ketamine is a tranquilizer most commonly
used on animals.
• The liquid form can be injected, consumed
in drinks, or added to smokable materials.
• The powder form can be used for injection
when dissolved.
• In certain areas, Ketamine is being injected
intramuscularly.
GHB – Gamma Hydroxy Butyrate
GBH, Liquid E, Liquid X

Rohypnol/ Flunitrazepam
GHB
• GHB is usually
available as an
odourless, colourless
liquid which you drink
(it tastes slightly
salty).

• Sometimes the
substance is available
as a powder, or in a •In its liquid form, GHB is sold in
capsule. small (30ml) bottles; this would
normally be enough for three
doses. It is difficult to give a clear
'safe' dose, as the concentration
of the liquid will vary.
 Rohypnol
• This drug has gained the
reputation as being a
"date rape" drug due to
its powerful hypnotic
effects that induce a
sleepy, relaxed, almost
drunk feeling that lasts
up to eight hours.
WHY IS ECSTASY USED?
1. RAVE PARTIES

- designed to be conducive to enjoying the

ecstasy experience.
-Ecstasy enhance prioreception (deep body
sense). It makes movement notably
pleasant.
2. SELF-PSYCHOTHERAPHY

- The hit of ecstasy is worth 3 months of

conventional psychotherapy.
- It helps in the surfacing of repressed
memories & emotional problem.
3. SUBSTITUTE FOR SPEED

- It can be used in activities that require

concentration, motivation & energy.

4. SENSORIUM

- Sensory enhancement of MDMA makes sensual

activity unusually enjoyable.
- Touching can become more such intensely
pleasurable.
TESTING THE PRESENCE OF MDMA

A. Drug Test (with urine sample)

a. single use: 1-3 days

b. heavy use: 3-5 days
Drug test kits uses Marquis reagent so
users of amphetamine & methamphetamine
will give a positive result.

Hair Testing

- Test generally take the most recent 1.5

inch of growth which provides a detection
period approximately 90 days.
 Inhalant Abuse
Rugby, thinner, solvent, gasoline and other gasoline-based products, kerosene, nail
polish, cuticle remover, lighter fluid and dry-cleaning fluid.

Began in the early 1960's when

teenagers found that inhaling
the fumes from model airplane
glue produced a "high."

One of case in 1960's and involves a 19-year-old

man who suffocated in his bathroom while sniffing
glue. Had a history of glue sniffing and had been
treated for a liver problem brought on by the
sniffing when he was 12-years-old.
Inhalants: Glue, Paint Thinner,
Gas, Aerosol Propellants, etc.
• The fumes can displace oxygen in
the lungs, causing the body to
suffocate. Nerve damage, brain
damage, and even death can result.
• Some chemical components of
these products can cause:
• Heart failure
• Hearing loss
• Liver and Kidney damage
Drug Chemistry
Drug Chemistry specialists
conduct chemical analyses of
evidence confiscated during
criminal investigations
involving dangerous drugs and
clandestine labs.
As an expert witness, the analyst presents his or her findings in a court of law.
Solid dosage samples:
-street drugs
- prescription drugs
- chemically engineered designer
drugs in the form of liquids, powders,
residues and plant material are
identified.
Qualitative and Quantitative
examination - analytical
method of identifying
dangerous drugs and volatile
substances.
Drug test- the process of
determining the presence of a
drug and its metabolites in
body fluids.
 Forms of Dangerous Drugs
• 1. Tablets 5. crystalline substance
• 2. Liquid
• 3. Powder
• 4. Brick, Crushed leaves, seeds, fruiting
tops and uprooted plants (Marijuana)

Drug parapheranalia containing dangerous

drugs includes smoking pipes, tooters and
aluminum foils
 References in Dangerous Drug Act?
• All substance Listed in the schedules annexed to
• 1988 Un Convention, 1961 Single Convention on Narcotic Drugs
amended by 1972 Protocol
• 1971 Single convention on Psychotropic Substances.
Philippine Comprehensive Dangerous Drug Act of 2002

RA 9165
Signed: June 7, 2002
Published: June 19, 2002
Took effect: July 4, 2002
IRR: August 30, 2002
IRR published: October 31, 2002

PGMA signed RA 9165 on June 7, 2002 and it took

effect on July 4, 2002.
 RA 9165
• legal foundation of the Government’s fight
against abuse of drugs & other substances
• places all substances into 4 groupings
(schedules) based on the substance’s
•medical use
•potential abuse
•safety or dependence liability
Thank you for listening
 SOP in Seized Drug Exam
• Receiving
• Examination
• Evidence storage
• Retrieval of Lab report by requesting party
• Retrieval of report and evidence for court
presentation.
• Disposal
 Describing a Specimen
a. Number of Specimen
- One (1)….
- Two (2)…..
b. Manner of sealing/condition
- heat-sealed - folded
- staple-sealed - rolled
- self-sealing/self-sealed - crumpled
- unsealed
Describing a Specimen….

c. Type and color of container (where the drug is

placed)
- transparent plastic sachet, plastic bag, plastic
bottle
- colored container ( Ex. Blue metal container,
blue paper box)
b. Manner of sealing/condition
- heat-sealed - folded
- staple-sealed - rolled
- self-sealing/self-sealed - crumpled
- unsealed
Describing a Specimen….

d. Form and color of specimen

- white crystalline substance
- yellow oily liquid
- white/brown powder

e. Markings
- Initials/Signature of the Arresting Officer
- Date of Collection
Ex: DPH 6/29/11
 Specimen Submitted
One (1) heat-sealed transparent plastic
sachet with markings “DPH-1 6/29/2011
containing white crystalline substance.

One (1) heat-sealed transparent plastic

sachet with markings “DPH-1 6/29/2011
containing white crystalline substance
and placed in a staple-sealed transparent
plastic sachet with markings”DPH
6/29/2011”
Specimen Submitted…..

One (1) rolled aluminum foil strip with

markings “DPH-2 6/29/2011 containing
white crystalline substance.

One (1) improvised glass tooter with

markings “DPH-3 6/29/2011” containing
suspected methamphetamine
hydrochloride residue and placed in a
staple-sealed transparent plastic sachet
with markings”DPH 6/29/2011”
Specimen Submitted…..

One (1) brick of suspected marijuana

fruiting tops wrapped in a piece of
newspaper with markings “DPH-4
6/29/11”

One (1) heat-sealed transparent plastic

sachet with markings “DPH-5 6/29/2011
containing suspected dried marijuana
leaves and seeds
 Drug Test
Two (2) stages of examination
1. Screening using test kits
2. Confirmatory
a) Thin Layer Chromatography
b) Instrumentation-Gas Chromatography
Mass Spectroscopy (GCMS) machine
 Specimen Submitted
Living person of one Juan Dela Cruz

The following living persons:

a. Juan Dela Cruz
b. Maria Clara
c. Boyet Cruz @ Boy
 RELEASE OF RESULTS
Dangerous Drugs – within 24 hours from
receipt of request up to 48 hours or more
depending on the number of specimens
- Initial Chemistry Report (for inquest)
- Final Chemistry Report (court)
Drug Test - Negative (1 day)
- Positive ( 3 – 7 days or more
depending on the number of specimen
urine)
x-x-x
 References in Dangerous Drug Act?
• All substance Listed in the schedules annexed to
• 1988 Un Convention, 1961 Single Convention on Narcotic Drugs
amended by 1972 Protocol
• 1971 Single convention on Psychotropic Substances.
Philippine Comprehensive Dangerous Drug Act of 2002

RA 9165
Signed: June 7, 2002
Published: June 19, 2002
Took effect: July 4, 2002
IRR: August 30, 2002
IRR published: October 31, 2002

PGMA signed RA 9165 on June 7, 2002 and it took

effect on July 4, 2002.
 RA 9165
• legal foundation of the Government’s fight
against abuse of drugs & other substances
• places all substances into 4 groupings
(schedules) based on the substance’s
•medical use
•potential abuse
•safety or dependence liability
 DRUG INVESTIGATION
What law pertaining to dangerous drugs?
What are the acts punishable under RA9165?
What is the evidence needed to file a case for violation
of RA9165?
• Testimonial Evidence – Affidavit of witnesses
and others
• Documentary evidence – Certificate of
non-issuance of licence so import or to engage
in trade of precursors/paraphernalias/equipment,
photographs, video, police records and other
pertinent documents related thereto.
• Object evidence – dangerous drugs, precursors,
parahernaliAs, equipment, results of dug
examination and drug test
• Other evidence relevant
 Coordination Requirements

a. PNP units, prior to any anti-drug

operations shall, as far as practicable,
coordinate with the PDEA
Coordination Requirements….

b. In any case, the PNP anti-drug units shall

coordinate/inform the PDEA of the
anti-drug operation within 24 hours from
the time of the actual custody of the
suspects or seizure of said drugs and
substances as well as paraphernalia and
transport equipment used in illegal
activities involving such drugs and/or
substances and shall regularly update
the PDEA on the status of the cases
involving the anti-drug operation. (section
86 (a) IRR, RA 9165)
Coordination Requirements….

c. The word “As far as practicable” as being

used in Section 86, IRR, RA9165, means
that which prior coordination with the
PDEA may be done, practiced or
accomplished and which is feasible and
possible to be performed. However, it
admits of an exception. The following
instance, among others are deemed not
practicable for prior coordination, to wit:
Instances…

• In remote areas, where coordination is not

possible
• When coordination will compromise the lives of
police operatives, informants and witnesses
involved in anti-drug operation;
• When coordination will prejudice the apprehension
of drug suspects and confiscation of dangerous
drugs and Controlled Precursors and Essential
Chemicals (CPECs);
• When prior coordination will compromise the entire
police operation.
• (Note: In the above instances, post coordination
shall be made in lieu of prior coordination)
 AUTHORITY TO OPERATE
• Paragraph (a) to (e) Section 24, RA9165 as
amended by RA6551
• Republic Act 9165 and its IRR
• The PNP still possesses authority to conduct
anti-illegal drug operations provided that the case
shall eventually be transferred to PDEA based on
Supreme Court Decisions in PP vs. Sat Maria G.R.
171019 and PP vs. Rosaria Hernandez et al G.R.
184804, June 18, 2009. Hence PDEA deputation is
no longer necessary or required for PNP
personnel with assigned anti-drug units
• The PNP are not prevented from conducting
warrantless arrest under Section 5, Rule 113 and
search incidental to a lawful arrest under Section
13, Rule 126 of the Rules of Court.
 Investigation of Cases Involving Planned
Operations

• Buy-Bust Operation

a. All warrantless arrest, search, and

seizures to be undertaken by PNP
member/anti-drug units shall be in
accordance with Section 5, paragraphs
(a) and (b), Rule 113, Section 13, Rule
126 of the Rules of Court, respectively
and relevant Supreme Court Decisions
Investigation of Cases Involving Planned Operations

Buy-Bust Operation…
b. The Team Leader shall see to it that
prior reports have been submitted which
may include but not limited to the
following classified reports:
• Summary of Information of the Target/s
• Special Reports
• Surveillance Report
• Contact Meeting Report
• Development Report
Investigation of Cases Involving Planned Operations

Buy-Bust Operation…
c. The seizing officer, as far as practicable, conduct
the actual physical inventory, take photographs and
properly mark the items or articles seized or
confiscated in the place of seizure and in the
presence of the following:
• arrested person/or his counsel or representative
• representatives from the DOJ, MEDIA and any
elected government officials who shall be required to
sign on the inventory and given each a copy thereof.
(Observed the rule on Chain of Custody and DOJ
Department Circular No. 3 in compliance with
Prescribed Procedures on the Seizure and Custody
of Dangerous Drugs.)
Investigation of Cases Involving Planned Operations

Buy-Bust Operation…
The following shall be strictly observed by the
Arresting Officers/Investigator-On-case during
conduct of Buy-Bust Operations:
• Arrested person shall be informed of the
nature of his arrest and be apprised of his
constitutional rights (Miranda Doctrine)
• The dangerous drugs, CPECs, paraphernalia
and equipment as the case may be, shall be
immediately seized and taken into custody of
the apprehending Team;
Investigation of Cases Involving Planned Operations

Buy-Bust Operation…
• NOTE: DOJ Department Circular No. 3 Para 2 and
3 stated that:
• Paragraph 2. All anti-drug operations require
physical inventory and photography of seized and
confiscated drugs. – The mandatory nature of the
requirements under Section 21 (1), Article II of RA
9165 and its IRR does not distinguish between
warrantless seizures and those made by virtue of
a warrant. The difference merely lies in the venues
of the physical inventory and photography of the
seized items. Thus:
Investigation of Cases Involving Planned Operations

Thus:
• In seizures covered by search warrants, the
physical inventory and photography must be
conducted in the place where the search warrant
was served;
• In case of warrantless seizures such as buy-bust
operation, the physical inventory and photography
shall be conducted at the nearest police station or
office of the apprehending officer/team, whichever
is practicable; however, nothing prevents the
apprehending officer/team from immediately
conducting the physical inventory and
photography of the items at the place where they
were seized.
Investigation of Cases Involving Planned Operations

Paragraph 3. In case of non-observance of the

prescribed procedure, the apprehending; law
enforcement officers must present an explanation
to justify the same, and must prove that the
integrity and evidentiary value of seized items are
not tainted. – While lapses in the handling of
confiscated evidence in anti-drug operations may
be countenanced, these lapses must be duly
recognized and explained in terms of their
justifiable grounds... The integrity and evidentiary
value of the evidence seized must also be shown
to have been preserved.
Investigation of Cases Involving Planned Operations

d. The seizing officer shall submit the seized or

confiscated items to the nearest PNP Crime
Laboratory for examination and analysis;
e. The arresting officer shall bring the arrested
suspects to their office for proper custody,
documentation and proper disposition;
f. He arrested suspects shall be presented to
the PNP Crime Laboratory for physical,
medical examination and drug testing;
Investigation of Cases Involving Planned Operations

g. The assigned Investigator-On-case shall collate the

results of the examinations and prepare the
appropriate charges and refer the case to the
prosecutor’s office for inquest proceedings. He
shall submit the following:
• Copy of the Spot Report duly received by PDEA
• Copy of the Receipt of the Inventory of Items Seized/Confiscated duly verified under
oath
• Photo of the scene
• Copy of the Receipt of Turn-over of Evidence\Copy of the Receipt of Turn-over of the
arrested suspects
• Copy of the request for and results of the laboratory, Drug Test and physical/medical
examination on the Drugs and the suspects
• Copy of the Booking Sheet and Arrest Report
• Photographs of the evidence Seized and the suspects
• Copy of the Affidavit of Arrest\Copy of the Affidavit of Seizing Officer
• Affidavit of other witnesses, if any
• Others that may be submitted later
 SEARCH AND SEIZURE BY VIRTUE OF
WARRANT
The following rules shall govern the responsibility of anti-drug units in the
application and implementation of a Search warrant (SW) The following
rules shall govern the responsibility of anti-drug units in the application
and implementation of a Search warrant (SW)
1. All applications for SW before the local courts shall be
approved by the RD, PD, DD, CD, COP, and NOSU
directors as the case maybe, or their duly designated
authority. However, if there is reasonable ground to believe
that the application in the local courts shall compromise the
operation, the applications for SW for Viol of RA 9165 shall
also be filed before the Executive Judge of Manila and
Quezon City as the Case maybe with the personal
endorsement of the C, PNP or TDIDM as provided for
under Supreme Court A.M. No. 08-4-4SC, dated July 7,
2009.
SEARCH AND SEIZURE BY VIRTUE OF WARRANT…..
2. Upon approval by the COP concerned, the
application shall be filed to the Court of jurisdiction
during office hours. However, the application may
be filed after office hours, during Saturdays and
Sundays and holidays provided, the applicant shall
certify and state the facts under oath, to the
satisfaction of the Judge, that its issuance is urgent
as provided under Supreme Court Administrative
Circular No. 19 dated August 4, 1987. In view of
this, concerned units are encouraged to coordinate
with and acquire the addresses and contact
numbers of the Judges in their respective
jurisdictions.
SEARCH AND SEIZURE BY VIRTUE OF WARRANT…..
3. Pursuant to DOJ DC No.3 Para 1 (Compliance with
Prescribed Procedures on the Seizure and
Custody of Dangerous Drugs) the following shall
be observed:

Para 1. Physical inventory and photography of seized

and confiscated drugs are required in anti-drug
operations – Sect 21 (1) Article II of RA9165 and
its IRR requite that after seizure and confiscation
of drugs, police officers shall immediately
physically inventory and photograph the same in
the presence of the following persons:
SEARCH AND SEIZURE BY VIRTUE OF WARRANT…..

• 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;
• A representative from the DOJ (must be
Prosecutor); and
• Any elected public official who shall sign,
and shall be given copies of the inventory.
SEARCH AND SEIZURE BY VIRTUE OF WARRANT…..

4. The SW shall immediately be returned to the

issuing judge with all the pieces of evidence seize,
and inform him on the results of the search
conducted. In no case shall the subject Search
Warrant be returned beyond prescribed period.
5. Upon approval of the Court, the seizing officer, in
coordination with the investigator on case shall
turn over the seized evidence to the PNP CL for
examination and proper disposition. The IOC shall
prepare the request to the PNP Crime Laboratory
for examination.
SEARCH AND SEIZURE BY VIRTUE OF WARRANT…..

6. The arrested suspects shall be apprised of his

constitutional rights and be brought to the office of
the operating unit and shall be turned-over to the
IOC for booking, investigation, documentation and
appropriate action.
7. The IOC shall submit the arrested suspects to PNP
CL for drug test and Physical/Medical Examination
8. The IOC shall secure and collate all the results of
the Lad Exam, Medical Exam for attachment to the
case referral to the prosecutor for inquest
proceedings.
9. In cases where the arrested suspects are foreign
nationals, the IOC shall make formal
communication to the Embassy, BI and other
concerned government agencies such as
Anti-Money laundering Council and the NBI.
10. The IOC shall prepare the case referral for inquest
proceedings before the Pros Office with the
following attachments:
• Copy of the prior coordination form to PDEA (as far as practicable)
• Copy of the Spot Report duly received by PDEA
• Copy of the Receipt of the Inventory of Items Seized/Confiscated duly verified under oath
• Copy of the Certification of Orderly Search
• Photo of the scene
• Copy of the Receipt of Turn-over of Evidence
• Copy of the Receipt of Turn-over of the arrested suspects
• Copy of the request for and results of the laboratory, Drug Test and physical/medical examination on the Drugs and the suspects
• Copy of the Booking Sheet and Arrest Report
• Photographs of the evidence Seized and the suspects
• Copy of the Affidavit of Arrest\Copy of the Affidavit of Seizing Officer
• Affidavit of other witnesses, if any
• Others that may be submitted later
• The Investigator-On-case shall thereafter submit a report to the COP
• The IOC shall furnish the PDEA with a complete set of the case folder and regularly update the same with the status of the case.
• The COP and IOC shall maintain a case monitoring system or record of the case and shall ensure religious presence of the PNP witnesses during court
proceedings (This is in compliance to PNP MC No. 2008-0801-003 dated August 1, 2008 in relation to NAPOLCOM MC No. 2007-001)
• In cases where there are no arrested suspects, the
IOC shall prepare the case referral to the Pros
Office for appropriate legal action with the following
attachments:
• Copy of the Search warrant
• Copy of Return of Search Warrant
• Copy of the prior coordination form to PDEA (as far as practicable)
• Copy of the Spot Report duly received by PDEA
• Copy of the Receipt of the Inventory of Items Seized/Confiscated duly verified under oath
• Copy of the Certification of Orderly Search
• Photo of the scene```
• Copy of the Receipt of Turn-over of Evidence
• Copy of the request for and results of the Lab exam on the drugs
• Photo of the evidence seized
• Copy of Affidavit of the Seizing Officer
• Affidavit of other witnesses, if any
• Surveillance Report
• Artist’s sketches/Description of Suspect/s, if any
• Others may be submitted later
Implementing rules and regulations of Section 21…
• (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/or any elected public official 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 further that non-compliance with 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 of
custody over said items;
What is the effect of non-compliance of police
operatives with Section 21 para (1)?

[G.R. No. 171019, February 23, 2007] PP vs RAFAEL

STA. MARIA Y INDON
“It is beyond quibbling then that the failure of the
law enforcers to comply strictly with Section 21 was
not fatal. It did not render appellants arrest illegal
nor the evidence adduced against him inadmissible.

The law excuses non-compliance under justifiable

grounds.”
What is the effect of non-compliance of police
operatives with Section 21 para (1)?
HOWEVER
Recent cases decided by the Supreme Court held otherwise.

PP vs Geraldine Magat y Paderon GR 179939, September 29,

2008 held that “The failure of the agents to comply with such
requirement raises doubt whether what was submitted for
laboratory examination and presented in court is the same drug
and/or paraphernalia as that actually recovered from the accused.
While the seized drugs may be admitted in evidence, it does not
necessarily follow that the same should be given evidentiary weight
if the procedure in Section 21 of R.A. No. 9165 was not complied
with. The Court stressed that the admissibility of the seized
dangerous drugs in evidence should not be equated with its
probative value in proving the corpus delicti. The admissibility of
evidence depends on its relevance and
 CHAIN OF
CUSTODY-INTEGRITY OF
EVIDENCE
G.R. No. 173472 PP vs ELMER PERALTA y DE
GUZMAN alias “MEMENG”

This case is about how the courts may be

assured that the integrity of seized
prohibited drugs is preserved from the
time of their seizure to the time of their
laboratory examination and presentation
in court as evidence in the case.
 THE COURT’S RULING
G.R. No. 173472 PP vs ELMER PERALTA y DE GUZMAN alias “MEMENG”

The elements of the sale of illegal drugs:

a) the identities of the buyer and seller
b) the transaction or sale of the illegal drug, and
c) the existence of the corpus delicti.
With respect to (c), the prosecution must
show that the integrity of the corpus delicti has
been preserved. This is crucial in drugs cases
because the evidence involved—the seized
chemical—is not readily identifiable by sight or
touch and can easily be tampered with or
substituted.
 ESTABLISH THE CHAIN OF
CUSTODY-HOW?
Public prosecutors need to ask the right questions to the
witnesses.

• Q. You said that you received from the

accused a sachet containing crystalline
powder that appeared to you to be
“shabu. Would you be able to identify that
sachet which appeared to you to
contain shabu?
• Q. Showing to you this sachet containing
what appears to be crystalline powder, what
relation does it have, if any, to the sachet that
you said you received from the accused?
 ESTABLISH THE CHAIN OF
CUSTODY-HOW?
• Q. This sachet has a marking on it that reads
“AS-1-210702.” Do you know who made this
marking?
• Q. Who made it?
• Q. What do these letters and numbers
represent?
• Q. When did you make this marking on the
sachet?
 Since the seizing officer usually has to turn
Seizing Officer/ over the seized drugs to the desk officer or
Arresting Officer some superior officer, who would then send a
courier to the police crime laboratory with a
request that the same be examined to identify
the contents.
Desk Officer/
It is imperative for the officer who placed his
Superior Officer/
marking on the plastic container to seal the
Investigator
same, preferably with adhesive tape that
Courier usually cannot be removed without leaving a
tear on the plastic container.
Crime Lab If the drugs were not in a plastic container, the
police officer should put it in one and seal the
same.

In this way the drugs would assuredly reach

the laboratory in the same condition it was
The prosecutor could then ask questions of the
officer who placed his marking on the plastic
container to prove that the suspected drugs had
not been tampered with or substituted when they
left that officer’s hands. The prosecutor could ask
the following or substantially similar questions:

• Q. What did you do if any to ensure that

the powder in this sachet is not tampered with
or substituted when it left your hands?

• Q. What did you use for sealing this

sachet?
• Q. When did this sachet leave your hands?

• Q. To whom did you give it?

• Q. For what reason did you give it to him?

If the sealing of the seized article had not been
made, the prosecution would have to present the
desk officer or superior officer to whom the seizing
officer turned over such article.
That desk officer or superior officer needs to testify
that he had taken care that the drugs were not
tampered with or substituted.
And if someone else brought the unsealed sachet of
drugs to the police crime laboratory, he, too, should
give similar testimony, and so on up to the
receiving custodian at the crime laboratory until the
drugs reach the laboratory technician who
examined and resealed it.
 Under the circumstances, reliance on the
presumption of regularity in the
performance of duties is not enough for a
conviction. Once challenged by evidence of
flawed chain of custody, as in this case, the
presumption of regularity cannot prevail
over the presumption of innocence.
Questions
?
Thank you for listening