CDI 7 Midterms

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VICE AND DRUG EDUCATION CONTROL

CHAPTER 1
VICE AND SUBSTANCE ABUSE
Vice
It is any immoral conduct or habit, the indulgence of which leads to depravity, wickedness or
corruption.
A vice is a normal failing or bad habit. Traditional examples of vice include drinking of alcohol,
smoking tobacco, gambling in gaming card games.
(Virtue- good things that you are frequently doing such as pagmamano. But if what you are doing is
a bad thing, then that is vice)

In the United States, municipal police departments often have a bureau dedicated to vice, manned
by vice cop, 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 normal 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 as 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 of gambling, prostitution, pornography, alcohol, tobacco, and other psychoactive
drugs, have met with prohibition at certain times and places, including contemporary times and places.
What has become known as the “harm reduction” or “harm minimization” approach of 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 change everything, and this trope would apply to vice regulation, too.

Importance of the study vice


1. The study of vice is important because these crimes are ever present and persistent in all forms of
society.
2. It is importance because its evil effects are more disastrous, morally and physically that of other
crimes.
3. It is important because vice affects the daily lives of many people than any other crime.
4. It is important because its existence causes a serious problem in law enforcement.
5. It is important because commercialized vice disrupts the social make- up of the community.

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.

There are two kinds of alcohol- methyl and ethyl alcohol.


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1. Methyl alcohol is dangerous, very poisonous and is not put in drinks but is use in some
industries.
2. Ethyl alcohol is used in alcoholic drinks, which are made by breweries. This occurs when
germs called yeast act on sugar 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.

Alcoholism- when a person is indulged in using alcohol

Types of drinkers

1. Occasional drinkers- 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 inhibition and tensions.
3. Regular drinker- may drink daily or consistently on weekends, usually comes from cultural
background where wine or beer is used with meal 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 interest of family and society in general. (Alcohol
became an internal part of your life, and your body and mind cannot function well if you don’t
drink alcohol)

ALCOHOLICS – person who, from the prolonged and excessive use alcoholic beverages develops physical
and psychological changes and dependence on alcohol.

Kinds of Intoxication
1. Involuntary – when a drunk person does not know the intoxicating strength of the beverages he has
taken
2. Intentional – when a person deliberately drinks liquor, fully knowing its effects, either to obtain mitigating
or to find liquor as stimulant to commit crime.
3. Habitual – when a person finds that drinking is a constant necessity and vice ultimately takes hold of him.

Various Degree of Intoxication


1. Slight Inebriation – there is reddening of the face, and there is no sign of mental impairment, in-
coordination and difficulty of speech. (sabi mo di ka pa lasing, you can still control yourself, or kakasimula
palang ng shot)
2. Moderate Inebriation – the person is argumentative and overconfident, and there is slight impairment of
mental faculties, difficulty of articulation, and loss of coordination of finer movements. (talkative ka na,
slowed na yung pananalita mo, ikaw na yung bida sa inuman)
3. Drunk – the mind is confused and disoriented, there is difficulty in speech and marked motor in-
coordination and often walking is impossible. (lasing ka na, di ka na makalakad, doon ka na natulog, you
can not control your muscle coordination, naka ihi ka na , nagsusuka ka na)
4. Coma – the subject is stuporous or in a comatose condition, and sometimes it is difficult to differentiate
this conditions with other conditions having coma. (it can cause the person to death)
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Test for alcohol


Blood alcohol determination is a reliable index of alcoholic content of one’s body. Though not
usually a part of hospital procedures, it is advisable foe the doctor to obtain consent from the subject. But
for those involved in traffic accidents, it is part of routine to bring those involved to government hospital for
the proper undertaking of a test.
For the test to be dependable 5cc. amount of blood is sufficient and must be sent to the laboratory
for analysis within 30 minutes after blood extraction by means of needle.
If there is 0.05 percent or less by weight of alcohol in a person’s blood it is presumed that the
subject is not under the influence of intoxicating liquor.
A breathalyzer is an apparatus that may be used to determine the amount of alcohol consumed by
a subject by measuring the absorption of light by dichromate before and after the reaction to alcohol.

Motive of drinking
1. Traditional- social and religious function (once may fiesta, may inuman)
2. Status- symbol of success and prestige (you have an achievement, then papainom)
3. Dietary- dining incomplete without wine, integral part of today’s way of “gracious living” (umiinom
ka kasi sabi mo pampasarp or pampaganang kumain or part of todays gracious way of living, para
sosyal ganon, maypaRed wine habang kumakain)
4. Social- release tension and inhibitions so user can tolerate and enjoy another company (pag
gatherings, pumunta ka kasi may inuman)
5. Shortcut to adulthood- user unsure of maturity, drinks to prove himself. (others prove na hindi na
sila bata, “kaya ko na uminom” to show that you are now mature/adult)
6. Ritual- fosters group feeling, cocktail parties, toasts made to brides, wishes for good health. (ex.
In wedding toast made by a couple)
7. Path of least resistance- doesn’t want drink but doesn’t want to abstain so goes with everyone
else. (pag hindi mo matanggihan yung mga kasama mo)

Effect of alcohol on the body

When the 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 by the 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 nervous system- the nerves are like telephone wires coming out of 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 cell and stops proper messages being send 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.
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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 cell, once a brain cell is destroyed it is never replaced

Stomach and intestines- alcohol damages the stomach and intestines and make them sore. This can cause
a burning sensation, nausea and vomiting. Sometimes there is bleeding.

Liver
a. The first thing the liver does ids to turn part of the alcohol into fat. Some of this goes into the blood,
but a lot builds up in the liver cells. After drinking six (6) medium- sized glasses of beer everyday
for a few days, fats formed in the liver.
b. To cope with the extra work of getting rid of the alcohol, the liver become larger.
c. As the liver enlarges, the person gets more used to the effects of school 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’re way other drugs and medicines works in the body. So it
can be dangerous to take medicines with alcohol.
The liver become permanently damaged. As the alcohol poisons cells of the liver, they die. If many
of these cells die, the person may get what is called” alcoholic hepatitis”
e. Scars tissue is formed where the liver cell dies. This mean the liver doesn’t work so well. This is
called “cirriosis”
f. People with scarred liver can get swollen abdomen, swollen feet and hands and my bleeding from
inside the body.

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 in trying to get rid of the alcohol result 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
decrease.

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 drink alcohol may suffer from malnutrition because:

a. He spends his time, money, and energy in drinking. He may not eat the proper foods.
b. Drinking alcohol decrease 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.

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 effect of alcohol depends 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.
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Alcohol effect on the community

Because drinking affects people behavior, it has effects on the community as a whole.
a. Trouble in the home- heavy drinkers takes money needed for foods, clothes and furniture, this
causes debts. Husband and wife fight and accuse each other of being unfaithful.
B. Trouble among friends- the heavy drinker will often fight with his friends 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.
D. Trouble at play. Heavy drinkers have bad effect on sportsmen. Because alcohol affects the brain,
the drinker cannot control his arm and legs well.
E. Trouble on the roads- the driver has lost his judgement, he is careless and take risks. Accidents
result. A person who is drink may walk onto the road and be killed by a motor vehicle.
F. Trouble in the economy and the nation- the economy is badly affected when people do not go to
work and production falls.

Alcohol dependence

A person who drinks a lot can become a dependent person on alcohol. These means he cannot
live without it, if he tries to stop drinking, he will have the shivers and shake and feel very bad.

Prevention of alcohol

Solely treating people with medication cannot control problem drinking and alcoholism. Treatment
should be coupled with proper education both in the adult community development the nation habits of
moderation in the use of alcohol 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.

Methods of Treatment for Alcoholism

 Aversion Treatment – this therapy seeks to create distaste from alcohol by administration of a
nauseating drug to be followed by drink of liquor resulting to the dislike of alcohol.
 Psycho Therapy Treatment – this remedy depends upon showing that the real problem of the
alcoholic is not the alcohol itself but the emotional problem which urges to suffer to drink
intoxicating substance. (kailangan niya ng kausap, kailangan niya ng taong maccouncil sa kanya
na magsasabing hindi alcohol ang sagot sa problema niya)
 Alcoholic anonymous – this treatment is based on conversion and fellowship. It gives emphasis
that the alcoholics understand their situation better than anyone else; that man is dependent on
God and come to him for help; that the alcoholic must rely to sincerely stop drinking; and that he
must admit that he is an alcoholic. (group or association of individuals who are drunkards before,
but now they changed and that their experience will be shared for you not to continue being
alcoholic)

B. SMOKING
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Tobacco
Tobacco is a plant originally indigenous to the Americas which is now grown across the world. Its
leaves contain high levels of the addictive chemical nicotine and many cancer-causing chemicals,
especially polyaromatic hydrocarbons (PAHs). The leaves may be smoked (in cigarettes, cigars, and
pipes), applied to the gums (as dipping and chewing tobacco), or inhaled (as snuff). Nicotine is now being
extracted from the leaf to produce novel nicotine products, such as e-cigarettes, but also for Nicotine
Replacement Therapies, which are used to treat tobacco addiction. Tobacco use and exposure to
secondhand tobacco smoke causes many types of cancer, as well as heart, respiratory, and other
diseases.

Nicotine is a chemical that acts as the addictive agent in cigarettes. It is a psychoactive stimulant
that induces feelings of relaxation and reduced stress. Nicotine withdrawal causes intense irritability,
restlessness, and difficulty concentrating. The risk of nicotine addiction depends on the dose and method in
which nicotine is delivered to the brain.
Nicotine, especially when ingested or through skin exposure, can be harmful and even lead to
death at amounts around 50-60 mg of nicotine. Exposure to liquid nicotine was relatively rare until the
introduction of e-cigarettes.

Youth Smoking
Across the world today, estimates suggest there are 25 million boys between the ages of 13-15
who smoke. There are 13 million girls smoking in the same age range. The rate of smoking among boys
13-15 is often lower than the rate among men 15+. However, in many countries the rate of smoking among
girls 13-15 is higher than among women over 15. In many high-Human Development Index (HDI) countries,
the youth smoking rate is declining. In contrast, the youth smoking rate has increased in a number of low-
HDI countries.
In many countries, cigarettes are not the only or most prevalent form of youth tobacco smoking. For
example, in countries in Southeast Asia, the Eastern Mediterranean, and sub-Saharan Africa, the rates of
youth tobacco use are higher for water pipe, smokeless, and bidis than for cigarettes.

Nicotine is a chemical that acts as the addictive agent in cigarettes. It is a psychoactive stimulant that
induces feelings of relaxation and reduced stress. Nicotine withdrawal causes intense irritability,
restlessness, and difficulty concentrating. The risk of nicotine addiction depends on the dose and method in
which nicotine is delivered to the brain.

Nicotine, especially when ingested or through skin exposure, can be harmful and even lead to death at
amounts around 50-60 mg of nicotine. Exposure to liquid nicotine was relatively rare until the introduction of
e-cigarettes.

EFFECT OF SMOKING IN OUR BODY

Circulation
When you smoke, the poisons from the tar in your cigarettes enter your blood- arteries narrowing
and clots forming, which can cause a heart attack or stroke. These poisons in your blood then:
 Make your blood thicker, and increase chances of clot formation
 Increase your blood pressure and heart rate, making your heart work harder than normal
 Narrow your arteries, reducing the amount of oxygen rich blood circulating to your organs.
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Together, these changes to your body when you smoke increase the chance of your arteries
narrowing and clots forming, which can cause a heart attack or stroke.

Heart
Smoking damages your heart and your blood circulation, increasing the risk of conditions such as
coronary heart disease, heart attack, stroke, peripheral vascular disease (damaged blood vessels) and
cerebrovascular disease (damaged arteries that supply blood to your brain).
Carbon monoxide from the smoke and nicotine both put a strain on the heart by making it work
faster. They also increase your risk of blood clots. Other chemicals in cigarette smoke damage the lining of
your coronary arteries, leading to furring of the arteries.
In fact, smoking doubles your risk of having a heart attack, and if you smoke you have twice the
risk of dying from coronary heart disease than lifetime non-smokers.
The good news is that after only one year of not smoking, your risk is reduced by half. After
stopping for 15 years, your risk is similar to that of someone who has never smoked.

Stomach
Smokers have an increased chance of getting stomach cancer or ulcers. Smoking can weaken the
muscle that controls the lower end of your gullet (esophagus) and allow acid from the stomach to travel in
the wrong direction back up your gullet, a process known as reflux.

Kidney
Smoking is a significant risk factor for developing kidney cancer, and the more you smoke the
greater the risk. For example, research has shown that if you regularly smoke 10 cigarettes a day, you are
one and a half times more likely to develop kidney cancer compared with a non-smoker. This is increased
to twice as likely if you smoke 20 or more cigarettes a day.

Skin
Smoking reduces the amount of oxygen that gets to your skin. This means that if you smoke, your
skin ages more quickly and looks grey and dull. The toxins in your body also cause cellulite.
Smoking prematurely ages your skin by between 10 and 20 years, and makes it three times more likely
you'll get facial wrinkling, particularly around the eyes and mouth. Smoking even gives you a sallow, yellow-
grey complexion and hollow cheeks, which can cause you to look gaunt.
The good news is that once you stop smoking, you will prevent further deterioration to your skin caused by
smoking.

Bones
Smoking can cause your bones to become weak and brittle. Women need to be especially careful
as they are more likely to suffer from brittle bones (osteoporosis) than non-smokers.

Brain
If you smoke, you are more likely to have a stroke than someone who doesn't smoke.In fact,
smoking increases your risk of having a stroke by at least 50%, which can cause brain damage and death.
And, by smoking, you double your risk of dying from a stroke.
One way that smoking can increase your risk of a stroke is by increasing your chances of
developing a brain aneurysm. This is a bulge in a blood vessel caused by a weakness in the blood vessel
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wall. This can rupture or burst which will lead to an extremely serious condition known as a subarachnoid
hemorrhage, which is a type of stroke, and can cause extensive brain damage and death.

The good news is that within two years of stopping smoking, your risk of stroke is reduced to half
that of a smoker and within five years it will be the same as a non-smoker.

Lungs
Your lungs can be very badly affected by smoking. Coughs, colds, wheezing and asthma are just
the start. Smoking can cause fatal diseases such as pneumonia, emphysema and lung cancer. Smoking
causes 84% of deaths from lung cancer and 83% of deaths from chronic obstructive pulmonary disease
(COPD).
COPD, a progressive and debilitating disease, is the name for a collection of lung diseases
including chronic bronchitis and emphysema. People with COPD have difficulties breathing, primarily due to
the narrowing of their airways and destruction of lung tissue. Typical symptoms of COPD include:
increasing breathlessness when active, a persistent cough with phlegm and frequent chest infections.
Whilst the early signs of COPD can often be dismissed as a ‘smoker’s cough’, if people continue
smoking and the condition worsens, it can greatly impact on their quality of life. You can slow down the
progression of the disease and stopping smoking is the most effective way to do this.

Mouth and throat


Smoking causes unattractive problems, such as bad breath and stained teeth, and can also cause
gum disease, damage your sense of taste and can lead to oral thrush.
The most serious damage smoking causes in your mouth and throat is an increased risk of cancer
in your lips, tongue, throat, voice box and gullet (esophagus). More than 93% of oropharyngeal cancers
(cancer in part of the throat) are caused by smoking.
The good news is that when you stop using tobacco, even after many years of use, you can greatly
reduce your risk of developing head and neck cancer. Once you've been smoke free for 20 years, your risk
of head and neck cancer is reduced to that of a non-smoker.

Reproduction and fertility


Smoking can cause male impotence, as it damages the blood vessels that supply blood to the
penis. It can also damage sperm, reduce sperm count and cause testicular cancer. Up to 120,000 men
from the UK in their 20s and 30s are impotent as a direct result of smoking, and men who smoke have a
lower sperm count than those who are non-smokers.
For women, smoking can reduce fertility. One study found that smokers were over three times
more likely than non-smokers to have taken more than one year to conceive. The study estimated that the
fertility of smoking women was 72% that of non-smokers.
Smoking also increases your risk of cervical cancer. People who smoke are less able to get rid of
the HPV infection from the body, which can develop into cancer.
Smoking while you are pregnant can lead to miscarriage, premature birth, stillbirth and illness, and
it increases the risk of cot death by at least 25%.

Prevention on smoking
Prevention can take the form of policy-level measures, such as
 increased taxation of tobacco products;
 stricter laws (and enforcement of laws) regulating who can purchase tobacco products;
 how and where they can be purchased;
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 where and when they can be used (i.e., smoke-free policies in restaurants, bars, and other public
places); and
 restrictions on advertising and mandatory health warnings on packages. Over 100 studies have
shown that higher taxes on cigarettes, for example, produce significant reductions in smoking,
especially among youth and lower-income individuals.217 Smoke-free workplace laws and
restrictions on advertising have also shown benefits.

Prevention can also take place at the school or community level. Merely educating potential
smokers about the health risks has not proven effective. 218 Successful evidence-based interventions aim to
reduce or delay initiation of smoking, alcohol use, and illicit drug use, and otherwise improve outcomes for
children and teens by reducing or mitigating modifiable risk factors and bolstering protective factors. Risk
factors for smoking include having family members or peers who smoke, being in a lower socioeconomic
status, living in a neighborhood with high density of tobacco outlets, not participating in team sports, being
exposed to smoking in movies, and being sensation-seeking. Although older teens are more likely to smoke
than younger teens, the earlier a person starts smoking or using any addictive substance, the more likely
they are to develop an addiction. Males are also more likely to take up smoking in adolescence than
females.

C. PROSTITUTION

Definition of Prostitution
It is an act or practice of a woman who engages or habitually indulged in sexual intercourse for
money or profit.
(Considered as moral ill in the society)

Prostitute
A woman engages in discriminate sexual intercourse or acts with males for hire.
Whores/Knockers
It is the name often used for all types of prostitutes.
Pimp
One who provides gratification for the lust of others.
White Slavery
The procurement and transportation of women across satellite for immoral purpose.
(They are hiring and promising women to give a work, but the work is actually not the agreed work
and they are putting those women in prostitution)
-white slavery is a form of human trafficking and it is penalized under the anti-human trafficking act

Types of Prostitutes
1. Call Girls
These are the part time prostitutes; they have their own legitimate work or profession but works as
a prostitute to supplement their income.
2. Hustler
The professional type of prostitutes, they may be a bar or tavern pick-up girls or a street walker.
3. Door knocker
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This is the occasional or selective type of prostitutes; they are usually newcomers in the business.
4. Factory Girls
Are the real professional type of prostitutes, they work in regular houses of prostitution or brothels.

Causes of Prostitution
 poor social background
 Personality handicaps of the prostitute
 Lack of education
 Previous sexual experience mostly regrettable and in or out of wedlock
 Craving for money and luxury on the part of the prostitute
 Lack of restraints from parents, social environments and laxity of social control such as the agency
for religious training and reforms.
 The influence of contraceptives readily available and preventive treatment for Virus Disease and
Sexually Transmitted Disease
 Prostitution is a means to maintain other addiction to vice such as gambling, alcoholism, and
substance abuse
 Some are victims of white slave trade such as those from far flung areas
 The lack of interest of law enforcement authorities in safeguarding the morals of a persons who
engage in the trade.
 Social causes such as broken homes, anonymity of city and poverty.

Prevention and Control of Prostitution


The school of Total Repression also known as the American Model, this contends that prostitution
needs to be subdued by detention, apprehension of not only the sex worker but also the customers. This
idea argues and treats prostitutions as a crime which must be repressed and prohibited by means of
legislation. It adheres to chastity and morality as the norm for conduct in society. It asserts that licensing or
allowing prostitution would invite promiscuity without fear of the law. In the Philippines this is the applied
thought calling for the following measures.
 Strict enforcement of all laws and ordinances against prostitution and all other activities and vices
related to it.
 Mandatory sex-education giving emphasis on venereal and sexually transmitted diseases and
prostitions.
 Adoption of preventive medical measures for the diagnosis and treatment of Virus Diseases and
Sexually Transmitted Diseases
 Penalizing all those involved in prostitution including the customer
 Increasing the penalties applicable to prostition ans persons who may be liable in relation to the
white slaves trade.

The School of Regulatory Control – propagated by the Europeans, this is also known as the
“French
Model” maintains the idea that society cannot do away with prostitutions unless we consider the problem
causing it and removing identified causes. During the time of Napoleon Bonaparte, in 1808 it was observed
that arrests, detention, and punishment meted against the sex trade will only drive them clandestine
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activities. As a result, they established red light districts where sex trade may legally engaged where they
may be regulated, controlled and inspected for health purposes. The following measures and regulatory
policy have been adopted to provide the necessary protection from society:
 Isolation and Brothels to restricted location or districts
 Licensing of houses of prostitution
 Registration of prostitutes protecting them from exploitation and white trade slave
 Periodic medical check up of prostitutes and giving free public health education
 Legalizing the practice of prostitution under government supervision and control
 In cases of arrest of prostitutes, it should be handled by social workers and medical practitioners
but not police entities.
 The rehabilitation of prostitutes by providing with basic education, skills, jobs, and facilities, to earn
a decent living.

D. GAMBLING

Definition of Gambling
It is a game or scheme wherein the result of which depends wholly or chiefly upon chance or hazard.
Chance of Hazard
It is the uncertainty of the result of the game when the outcome of the game is incapable of
calculation by human reason, foresight, capacity or design.

Illegal gambling is an evil that undermines the social, moral and economic growth of nation. It is
beyond the good morals which have the effect of causing poverty, dishonesty, fraud and deceit. It has lad
men to neglect social obligations and the welfare of his trade as a source of income.

Classification of Gambling Games

1. Those which are absolutely prohibited


Roulette and Faro; under the RPC Monte, jueteng and other forms of lottery, policy, banking or
percentage games and dog races

2. Those which are regulated by law. These games are regulated in the sense that the law allows the same
to be played except on certain specified days such as
Horse racing under Art. 198 of the RPC, Cock fighting under Art 199, Domino, mahjong, entre
cuatro, cuajo,

Take Note: those one who regulate amusement and those games are the PAGCOR (Philippine
Amusement and Gaming Corporation)

Acts punishable in Gambling

1. In cases of gambling games absolutely prohibited under article 195, RPC


a) Taking part directly in gambling.
b) Knowingly permitting any form of gambling to be carried on any place owned or controlled by the
offender
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c) Being maintainer, banker, or conductor


2. In any case of horse racing under article 198, RPC
a) Betting on horse races during the period or days not allowed by law such as: ordinary working days
but not legal holidays not allowed by the Games and Amusement Board. July 4 th now June 12,
Independence Day under RA 137, December 30 th of each year known as Rizal Day under RA 229,
Any registration or voting days under RA 180 as amended by Omnibus Election Code and Holy
Thursday and Good Friday under RA 946
b) Maintaining or employing a totalizer or other device or scheme for betting on races or realizing
profit therefrom
c) Under RA 3063, the operation and maintenance of bookie joints not authorized by law and acting
as collector, solicitor of bets on horse races for the bookie joints are prohibited.
3. In case of lottery under Article 196, RPC
a) Possession of lottery list which pertains to or used in the game
b) Importation, selling or distribution in connivance with the importer of lottery tickets
c) Selling or distribution without connivance with importer
4. In cases of illegal cock fighting under Article 199, RPC
a) Betting money or other valuable consideration and organizing such cock fights at which bets are
made on a day other than those permitted by law.
b) Betting money or other valuables and organizing such cock fights in a place other than a licensed
cock pit.
5. Making bets which are offered and accepted upon the results of boxing or other sports contest is
punishable under Article 187, Revised Administrative Code.

Laws Pertinent to Gambling

 Art. 195-199, RPC Forms of Gambling and Betting


 PD 1602 – Anti Gambling Law which prescribes stiffer penalties for illegal gambling
 PD 510 – Law on Slot Machines
 PD 449 – Illegal Cock Fighting
 PD 483 – Game fixing in sports contests
 PD 1306 – Jai-Alai Bookies
 PD 1869 – Prohibitions of Government officials to enter and gamble in casinos
 Sec 823 – Gambling Dens (Maintainer/operator)
 Sec 824 – Gambling Devices, Possesion of Pin Balls
 Sec 827 – Gambling (Players)
 Sec 828 – Mahjong, Regulated games
 Sec 830 – Betting in Athletic Contests
 Sec 831 – Illegal Cock Fighting (tupada)
 RA 3063 – Horse Racing Bookie
 LOI (Letter of Instruction) No. 816 – Exclusion of certain prohibited games under PD 1602
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Name___________________________________________________
Year and Section_____________ Score

ACTIVITY 1
VICE AND SUBSTANCE ABUSE

Instruction. Answer the following question. You can use additional paper/s if needed
1. What are the different types of drinkers?
2. Explain the effect 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 measure to reduce smoking.
6. How gambling and prostitution destroy your future?
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CHAPTER 2
BASIC CONCEPTS, NATURE AND TYPES OF DRUGS
DRUGS
- A drug 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.
- Drug is substance, vegetable, mineral or animal in origin, used in the composition or preparation of
medicine or any substance use as medicine.
- Drug can be defined as natural or synthetic substances that are used to produce physiological or
psychological effects in man or other higher or animals.
- Drug is any substance which when taken by the individual will cure his illness or relieves him of the
signs and symptoms of the disease.
- Any substance that when taken into the living organisms may modify one or more of its functions.

Psychoactive Drug – is any substance that directly alters the normal functioning of the central nervous
system. (This are drugs that when you take, it affects the normal functioning of your mind and body.)
Physical Dependence (drug dependence) – when there is a pressing need or compulsion on the part of the
user to take the drug in order for him to feel normal. (hinahanap ng katawan ang droga)
Psychological Habituation – the pleasurable effect experienced by the user when using drug.
Drug Dependent person – the person is either psychologically or physically dependent to drugs.

TWO FORMS OF DRUGS


1) Natural Drug - plant leaves, flowering tops, hashish, opium and marijuana
2) Synthetic drugs - are products by clandestine laboratories, which includes those drugs that are
controlled by law because they are used in medical practice. These drugs can only be legitimately
purchased when prescribed by a licensed physician.

Clandestine Laboratory – any facility for the illegal manufacture of any dangerous drug and/or
controlled precursor and essential chemical. (usually covert or nakatago)

Cultivate or Culture – any act knowingly planting, growing, raising, or permitting the planting, growing
or raising of any plant which is the source of a dangerous drug.

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
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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 offenses, or to facilitate prosecution of that offense

TWO CLASSES OF DRUGS AS ACCORDING TO THE MANNER OF ACQUISITION


1. Prescriptive drugs - is drugs requiring written authorization from a doctor before they can be
purchased.
2. Over- the – Counter drugs( OTC’s) - are non-prescription medicines, which may be purchased form
only any pharmacy or drugstore without written authorization from a doctor; are used in prevention
and symptomatic relief of minor ailments.

Self-Medication Syndrome – Found in all 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 whom may have previously
used the drug for their specific disease or disorder.
- It may work against the good of the user because it can lead to intoxication and other adverse
reaction.
- They take drugs without consulting the doctor.

THE PHYSIOLOGY OF DRUGS


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

Administer – any act 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 a purpose of medication.

HOW DRUGS ARE ADMINISTERED? Or METHOD OF DRUG ADMINISTRATION


1) Oral – this is the safest, most convenient and economical route whenever possible
2) Injection – It 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/ Electrophoresis – the introduction of drugs into the deeper layers of the skin by
the use of a special type of electric current for local effect

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
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concentrated, to 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

Controlled Precursors & Essential Chemicals - Ingredients use in production of dangerous drugs

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.

Drug Abuse (other term is Drug Abnormal Use)- it is the illegal, wrongful, or improper use of any drugs.

Pusher – Any person who sells, trades, administers, dispenses, delivers, or gives aways to another, on
any terms whatsoever, or distributes, dispatches, in transit or transport dangerous drugs or who acts as
broker in any such transactions, in violation of this act.

User - any act of injecting, intravenously or intramuscularly, of consuming, either by chewing, smoking,
sniffling, eating, swallowing, drinking or otherwise introducing into the physiological system of the body,
and of the dangerous drugs.

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. It
is the last test to confirm that the substance or the chemical is really a dangerous drug.

Screening Test – a rapid test performed to establish potential/presumptive positive result.


- they will use reagent test and other chemicals to determine whether that is really a drug or not.

Deliver – any act of knowingly passing a dangerous drug to another, personally or otherwise, and by any
means, with or without consideration.

Dispense – any act of giving away, selling or distributing medicine or any dangerous drug with or
without the use of prescription. (usually yung mga nagbebenta sa pharmacy na even without
prescription)

Financier – any person who pays for, raises or supplies money for or underwrites any illegal activities
prescribed under RA 9165.

Illegal Traficking – 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.

Instrument – anything that is used in or intended to be used in any manner in the commission of illegal
drug trafficking or related offenses.

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

Planting of Evidence – the willful act by person of maliciously and surreptitiously inserting, placing,
adding or attaching directly or indirectly, through any overt or covert act, of whatever quantity of any
dangerous drug and/or controlled precursor and essential chemical in the person, house, effect, 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.

Protector or Coddler – any person who knowingly and willfully consents to the unlawful acts provided
for in this act and uses his/her influence, power o 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 to prevent the arrest, prosecution and conviction of the violator.

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

Trading - transactions involving the illegal trafficking of dangerous drugs and/or controlled precursors
and essential chemical 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
other consideration in violation of this act

Use – any act of injecting, intravenously or intramuscularly, of consuming, either by chewing, smoking,
sniffing, eating, swallowing,, drinking, or otherwise introducing into the psychological system of the
body, and of the dangerous drugs.

Self-Medication Syndrome – is found in users and would be users of drugs whose sources of
information are people or literature other than doctors, pharmacist and health workers. They take drugs
without consulting the doctor.

What is Toxicology?
- It is commonly known as the “science of poison”, their effects and antidotes. In connection, drugs
may cause dangerous effects because of any of the following:
a) Overdose – when too much of a drug is taken into the physiology system of the human body,
there may be an over extension of its effects
b) Allergy – some drugs causes the release of histamine giving rise to allergic symptoms such
as dermatitis, swelling, fall in blood pressure, suffocation and death
c) Idiosyncrasy – It refers to the individual reaction to a drug, food, etc. for unexplained reason.
Morphine for example, sedates all men, stimulates and rendered some women maniacal
behaviors
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d) Poisonous Property – drugs are chemicals and some of them have the property of being
general protoplasmic poisons
e) Side Effects – Some drugs are not receptors for one organ but receptors of other organs as
well. The effect in other organs may constitute a side effect, which are most of the time
unwanted
Drug Abuse – most often refers to the unlawful use of drugs with such frequency that is cause physical or
mental harm to the user or impairs social function.
The term drug is commonly associate with substances that may be purchased legally with
prescript for medical use.
THE DRUG ABUSE JARGONS
Jargons Meaning
 Opiate Narcotic
 On-the Nod/Nodding Suspended sleep
 Mainline/To Shoot Injecting a drug to the vein
 A Hit Slang for injection of drugs
 Work Apparatus in injecting a drug
 A Fix One injection of Opiate
 Juni Heroin
 Junkie An opiate addict
 Skin Popping To inject a drug under the skin
 A Bag A pocket of drug
 Cold Turkey Withdrawal effects of opiate use
 Track Scars on the skin due to injection
 Overdose Death
 Speed Amphetamines
 Speed Freaks Amphetamine addicts
 Uppers Street slang term for amphetamines
 Rush The beginning of a high
 High Under the influence of drugs
 Coke Street slang term for cocaine
 Flashback Drug use after stoppage
 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 Reaction that is caused by drugs
 Head Drug user
 Downer Street slang for depressant

HISTORY OF DRUG ADDICTION


Chinese- they introduced the smoking of opium in California, USA but did not become relatively popular
until the last quarter of 19th century.
1803- morphine was isolated in Germany, but 1882 French had produced codeine and other alkaloids of
opium.
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1898- the Germans produced diacetylmorphine (heroin) which was held by the medical profession as a
“miracle drug” with all the virtues of opiates without of the dangers thereof. It was realized that the
most addicting of all drugs had been discovered.
Sir Christopher Wren- in 1658, he succeeded in injecting drugs intravenously with a quill
to which a small bladder is attached. The hypodermic needle, however, dates from the work of
Rynd (1845) , Taylor (1886) and Wood (1853). The first addict was probably Mrs. Alexander Wood,
whose husband Dr. Wood, was prominent in the development of the modern needle some
200years after Sir Christopher Wren’s initial experiment.

THE MEDIEVAL LURE OF DRUGS


A. Book of Judges (Old Testament)- About the mighty Samson, who was put to sleep by the
seductive, treacherous Delilah by means of a drug- lace wine before cutting Samson’s hair, his
source of strength and subsequently gouged his eyes before the feasting Philistines already “high
Spirited with narcotics mixed with intoxicants.\
- There are also allusions of drug abuse in the old cities of Gomorrah and Sodom, which might have
led them to widespread adultery, incest and bestiality.

B. Ancient Greek and Roman Literature


Replete stories alluding to drug abuse as in the lamentable and tragic romance of Mark Anthony
and Cleopatra. Cleopatra, in desperation over her dispraised love drank a narcotic-laden wine
before allowing herself to be bitten to death by a poisonous asp from the Nile River.
- Even in the practice of oracles and black magic during the Roman ancient times were believed to
be accomplished by narcotics.

C. Marijuana (Cannabis Sativa)- considered to be the world’s oldest cultivated plant started by the
Incas of Peru.
- Considered by the early Assyrians as a “Sacred Tree” grown for use as incense during rituals-
some 9,000 year ago before the birth of Christ.
- 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 the 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 resin of the female hemp
plant as a reward for their successful activities in assassination.
- The first known record of marijuana use is the book of drugs written about 2737 B.C by the
Chinese Emperor Chen Neng, who prescribed marijuana for the treatment of gout, malaria, gas
pains, and absent mindedness. The Chinese apparently had a great deal of respect for the plant,
and obtained fiber for clothes as well as medicine from it for thousands of years. They gave it a
name that means” valuable” or “endearing” – “Ma” (Maw). In the 1930s marijuana was still called
“Ma”.
- Cannabis or Commonly known as “Marijuana” or “Indian Hemp” or by its other name – embrace every kind,
class, genus, or specie of the plant Cannabis Sativa L. including, but not limited to Cannabis Americana,
hashish, bhang, guaza, churus and ganjan, and embrace every kind, class, and character of marijuana
whether dried or fresh and flowering, flowering or fruit 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 any form whatsoever.
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D. India - There are indications that Marijuana was used thousands of years ago and was an essential
part of early Indian religious ceremonies. The Well-known “Rig Veda” and other chants describe
the use of “Soma”, which is believed to be Marijuana. Early writings describe a ritual of collection of
the resin from the plants. After fasting and purification, certain men ran naked through the cannabis
plantation files. He clinging resin was scraped off their bodies and cakes were made from it and
used in feasts.

E. Narcotics - is mentioned in India’s “Aryan’s Veda” from 1500-2000 BC where it is claimed that
Opium originated in 4,000 years BC in the old kingdom of Samaria.

F. Assyria- Records from Assyria in 650 B.C referred to a drug called “Azula” that was used for
making rope and cloth and also as euphoric. The ancient Greeks know about the drug described it
as hemp. It was known that breathing the smoke from the burning plants would cause frenzied
activity. Groups of people stood in the smoke and laughed and danced as it took effect.

G. Early American Indians- Believed to use not only the stimulant tobacco in their “peace pipes” but
also opium to “Narcotize” an oppositionist to their common objectives. The use of “Coca Chica”, a
vine from corn and coca is well known.
H. Opium Poppy Plant (Papaver Somniferum) - It was said to have been first cultivated in the Middle
East and later in India and Pakistan, including Afghanistan.
- Some years later, the East India Company, used the opium trade as a corner –stone for its
financial foundation and they shipped tremendous amounts of opium to China. In an attempt to
control the extremely high rate of opium addiction into China, Chinese Emperor Yung Chen
prohibited the importation of opium. Chinese addicts paid little attention to the Emperor. Addicts
and opium continued to be imported into China by the East India Company (a British Company)
through an elaborate smuggling operation.
- This resulted in the “Opium War” in 1846. The Chinese were defeated and were finally force to
sign a treaty with England permitting the importation of Opium into China.

I. Hippocrates- The father of medicine, was said to have employed herbs, roots and narcotics to
relieve pain. The father of medicine, prescribed the juice of a white poppy plant an elixir for many
illnesses as early as 5,000 BC.

Methylenedioxymethamphetamine (MDMA) or commonly known as “ECSTACY”, or by its other name –


refers to the drug having such chemical composition , including any of its isomers or derivatives.

Opium – refers to the coagulated juice of the opium poppy (Papaver somniferum L.) and mebraces 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 straws; and leaves
or wrappings of opium leaves, whether prepared for use or not.

Opium Poppy – refers to any part of the plant of the species Papaver somniferum L., Papaver setigurum
DC, Papaver Orientale, Papaver Bracteatum and Papaver rhoea, which includes the seeds, straws,
branches, leaves or any part thereof, or substance derived therefrom, even for floral, decorative and
culinary purposes.
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Methamphetamine Hydrochloride or commonly known as “SHABU”, “ICE”, “METH”, or by its other name –
refers to drug having such chemical composition including any of its isomers or derivatives in any form.

IMPORTANT DATES:
 16th Century - Opium was brought to the Philippines by Chinese
 19th Century - partial ban of Opium by the Americans
 20th Century - Total ban of Opium by the Americans.
 1955 - Marijuana was brought by the Americans in Pasay City for personal use.
 January 8, 1959 - First raid held regarding Marijuana in Pasay City.
 March 30, 1972 - Marcos signed the Dangerous drug act (RA 6425)
 November 14, 1972- Dangerous Drug board was created.
- To provide leadership, direction and coordination in the effective implementation of RA 6425. The
purpose is to serve as the highest board to prevent further the spread of drugs.
THE GLOBAL DRUG SCENE
 South America
- Columbia, Peru, Uruguay, and Panama are the principal sources of all cocaine supply in the world
due to the robust production of the coca plant – source of cocaine drug.
- Bogota- Capital of Columbia- It is where the powerful International Drug cartels as a “Second
Government”.
 Medellin Cartel- The one who controlled the Powerful International Drug Cartel in the 1880’s.
Jose Gonzalo Rodriguez Gacha – drug boss
Juan David and Fabio Ochoa – top aid of Gacha abd fello cocaine baron
The New World-Wide Cocaine Cartel
 Cali Cartel- based from the third largest city in Colombia, which is Cali.
 become the most powerful criminal organization in the world.
Don Chepe (Gilberto Rodriguez Orejuella) head of Cali Cartel
 Spain - Known as the major transshipment point for international drug trafficker in Europe – and
became the paradise of drug users in Europe.

THE FIRST IMPORTANT DRUG TRAFFIC ROUTE


Middle East – discovery, planation, cultivation, harvest
Turkey – Preparation for distribution
Europe – manufacture, synthesis, refine
US – marketing

THE SECOND DRUG TRAFFIC ROUTE


 South East Asia (Golden Triangle)
 Golden Triangle striding the tri- border areas between Burma (Myanmar), Laos and Thailand, is a
major source of both of marijuana and raw opium
 It is also officially acknowledged source of Southeast Asian Heroin.
 Approximately produced 60% of opium in the world, 905 of opium in eastern part of Asia.

 South West Asia (Golden Crescent)


 Golden Crescent - (across the remote Northern areas of India, Pakistan and Afghanistan and
extending into Iran) is another major supplier of opium poppy, cannabis and heroin products.
 The Golden Crescent is the major supplier of opium poppy, MJ and Heroine products in
the western part of Asia.
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 The Middle East


 Becka Valley of Lebanon is the considered to the biggest producer of cannabis in the Middle East.
 Lebanon is also a transit country for cocaine from South America to European illicit drug markets.
 Indonesia
 Aceh region of Northern Sumatra has traditionally been the main cannabis growing area in
Indonesia but recent times, cultivation of cannabis has spread to other parts of Indonesia
including North Sumatra. West Sumatra, Kampang, Java, Bali, Celebes and some other
Indonesian Islands.
 Bali- part of Indonesia, which is an important transit point for drugs and route to Australia and New
Zealand.
 China - All types of Amphetamines are produced in Guangdong and Fujiah, mostly for
transshipment of Hong Kong and Taiwan.
 The country where “epedra” plant is cultivated – a source of the drug ephedrine – the
principal chemical for producing the drug shabu.
 Hong Kong - It continues to be a major transshipment point to all parts of the world for the form of
heroin known as “No. 4”. The No. 4 form, a white powder, is a type most preferred in U.S and
Europe.
 Methamphetamines are increasingly being trafficked through Hong Kong to Japan and
the Philippines.
 Japan - Became the major consumer of cocaine and shabu from the United States and Europe
 Taiwan - It has traditionally been a transit point for heroin mostly destined for North America and
Europe.

DRUG SITUATION IN THE PHILIPPINES


- The Philippines has become one of the major transshipment points for the International Drug
Syndicates.
- This aggravated by the fact that the Philippines as strategically located close to major sources of
illegal drugs in neighboring Asia counties as well as to major illegal drug outlet and market such as
the United State, Guam, Japan and Australia.
- the world’s major supplier of marijuana, second only to Mexico.

Drug Syndicate – any organized group of two (2) or more persons forming or joining together with intention
of committing any offense prescribe under RA 9165.

Drug Syndicate in the Philippines: **


 Binondo - Base Chinese syndicate now operating in the key cities has been identified as the
nucleus of two groups of the Triad Society, the Bamboo Gang base in Taiwan and the 14k Group
based in Hong Kong.
 Bamboo Gang - Could be traced from the Hong Kong based Green Gang branch of the Triad
whose members were exiled from Hong Kong by their traditional rivals in the celebrated Hongkong
Gang wars of the early 1980’s for supremacy in the cocaine and heroin market. Self-image or
“keeping face” as well as security reasons made them change their name aptly to “Bamboo Gang”
a moniker which symbolizes their flexibility.
 14 K Gang - Is the newest among Taiwan known Triad families, established only in 1947 and with
traceable origin from Mainland China particularly in the southern province of Kwantong and Fukien.
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o It is all the more significant that both distinct and separate “families” of the triad would
merge and choose Binondo in Manila as their base of operation in the Philippines. The
simple reason is the natural clannishness of the Chinese

GENERAL DRUG CLASSIFICATION OF DRUG


A. According to Effects: (3 Major Classifications of Psychoactive Drugs)
1. Depressants (downers) – are group of drugs that the effect of depressing the Central Nervous
System causing the system to relax
2. Stimulants (uppers)– are group of drugs that has the effect of stimulating the Central Nervous
System
3. Hallucinogens /Psychedelics (all arounders)– refers to the group of drugs that are considered to
be mind-altering drugs and give the general effect of mood distortion

According to Legal Categories (In accordance to Ra 6425)


Dangerous drugs are drug whose use is attended by risk and therefore unsafe, perilous and
hazardous to people used as medicine. It include those listed in the schedules annexed to the
1961 Single Convention on Narcotics 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.

4. PROHIBITED DRUGS- These are strictly prohibited; the ordinary people could not have access
on it.
 Narcotics – refers to the group of drug opium and its derivatives, morphine, heroine,
codeine, etc. including synthetic opiates.
 Stimulants- refers to the group of the drugs Cocaine, Alpha and Beta Eucaine
 Hallucinogens – refers to the group of drugs like marijuana, LSD (Lysergic Acid
Diethylamide), Mescaline

5. REGULATED DRUGS- Any can be in possession of this drugs provided with a doctor’s
prescription it includes self- inducing sedatives.
 Barbiturates – refers to the group of depressant drugs known as “Veronal” like Luminal,
Amytal, Nembutal, Surital, Butisol, Penthontal, Seconal and others
 Hypnotics – are group of drugs such as Mandrax, Quaalude, Fadormir Amphetamines –
are group of stimulants drug like Benzedrine, Dexedrine, Methedrine, Preludin and
others

6. VOLATILE SUBSTANCE – (PD 1619)
o The group of liquid solid, solid or mixed substances having the property of releasing toxic
vapors or fumes which when sniffed, smelled, inhaled, or introduced into the physiological
system of the body produces or induces a condition of intoxication, excitement or dulling of
the brain or nervous system. Examples are, glue, gasoline, kerosene, ether, paint, thinner,
lacquer and others.

Factors that Contribute to the Effects of Drugs in the System


1. Amount of drug taken
2. Mood of the user
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3. Environment where the drug is taken

Classification of Dangerous Drugs


(According to Effect)
A. Depressants (Downers) - These are drugs which suppress vital functions especially those of the
brain or central nervous system with the resulting impairment of judgment, hearing, speech and
muscle coordination. They dull the minds, slow down the body reactions to such an extent that
accidental deaths and/or suicides usually happen. These drugs when taken in, generally
decreases 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 - is derived from the Greek word “Narcoticos” meaning “Sleep”
- Are drugs, which relieve pain and produce profound sleep or stupor
Kinds of Narcotics
a) Opium - It is derived from a poppy plant( Papaver Sumniferum Linne). It is extracted from the
coagulated juice poppy plant. Preparations of Opium
Prepared Opium- is a boiled down aqueous solution of raw opium for smoking. It has no
medical use.
Granulated opium- is an air-dried opium reduced to a standard size granule yielding 10-
15.5% anhydrous morphine. Its medical use is: treatment of dysentery and diarrhea.
Usually orally taken.
Powdered Opium - same as granulated but it is reduced to a very fine powder.

Classification of Opium Alkaloids:


Those that are naturally existing in the poppy plant;
 Morphine, Codeine, Thebaine, Papaverine
Those derived by chemical manipulation of the naturally occurring alkaloid:
 Heroin (diamorphine, diacetylmorphine, Dihydromorphinone, Methyl
dihydromorphinone, Apomorphine
SLANG NAMES: “Gum”, “Gamot”, “Kalamay”, “Panocha”

b) Morphine - The principal derivative of opium. Most commonly used and best used opiate.
 It is the second extraction from opium
 It is an active element derived from opium by a chemical process It is a white
crystalline powder, light porous cubes or small white tablets.
 Its name was derived from the name “Morpheus”, the Greek god of Dream because
of its dreamful effect, which follows its initial stimulating effect
 Physician begun to use morphine as a cure for opium addiction, but all they
managed to do was to transfer the dependents to a drug even stronger than the
original.
 Effective as a painkiller six times potent or stronger than opium, with a high
dependence-producing potential.
SLANG NAMES: “M”, Dreamer”, “Pectoral”,”Syrup”,”AAA”,”1A”, “999”

c) Codeine - A component of opium and a derivative of morphine, in most respects a tenth or


less as effective as morphine.
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 It is widely use as ingredient in cough syrup. It is usually taken orally in tablets, for
pain; or in a liquid preparation, or variable alcohol content for cough and can also
be injected.
 It is the Methyl Ether of Morphine which was isolated in 1832 by Robiquet who
found it in the process of discovering drugs that would cure opium and morphine
addiction.
 It is used as cough suppressant and analgesic
SLANG NAMES: ”Schoolboy”, “Cough Syrup”

d) Heroine (Diacetyl Morphine) - It is derived from morphine by heating morphine with acetic
anhydride or acetyl chloride, which is then blended with hydrochloric acid to form the heroin
into a salt, which is easily soluble in water.
 Heroine consists of crystals so small as to resemble powdered sugar, a fine grade
flour or detergent. Heroine ranges in color from white to ivory to dull gray to
brownish gray to brown. Continued exposure to air will darken the color slightly.
 Heroine is a pain reliever. However, it produces a quicker and graver addiction
and is now the most popular drugs of addiction.
 It is three to five times more powerful than morphine from which it is derived and
the most addicting opium derivative.
 It is the most powerful derivative of opium.
SLANG NAMES: “Snow”,”Stuff”,”Junk tooth”, “H”

e) Demerol and Methadone – common synthetic drugs with morphine-like effects.


 Methadone was first synthesized in Germany in 1943, when an opiate analgesic
was not available because of war. It was first called “Dolophine” after Adolf Hitler.
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.
f) Paregoric - A mixture of opium, camphor, benzoic acid, and anise oil in alcohol. (a tincture of
opium in combination with camphor)
 the name paregoric means “soothing preparation”.
 Commonly used as a household remedy for diarrhea and abdominal pain.
g) China White (MPTP) - A designer drug synthesized from the basic morphine molecule but
perhaps 1000-2000 times more potent than heroine.
 This drug is very dangerous not only because of its potency but also because of the
chance the street chemist will make the substance wrong
 One dangerous side effect that was left to suffering of users was the “Parkinson’s
Disease”.

2. BARBITURATES
 Drug use for inducing sleep in persons plagued with anxiety, mental stress, and insomnia.
They are also of value in the treatment of epilepsy and hypertension.
 In 1863(Germany) Adolf Von Bayer synthesized Malonyl Caitamide or the so called
barbituric acid. Some believe that the name barbiturate was developed because the first
synthesis occurred on St. Barbara’s day. Small dose has sedative effects while bigger
dose may produce sound sleep.
26

Common Commonly abused Barbiturates:


a) Amo-Barbital (Amytal)- In solid blue capsule form known as “Blues”, “ Blue devils”,
“Blue heavens”, “Blue birds”, and “Blue dragons”
b) Seco- Barbital (Seconal)- In red capsule form called “Reds”, “ Red birds”, “ Red
devils”, and “Seggy”.
c) Pento- Barbital (Nembutal)- It is found in solid yellow capsule form known to the
abusers as “yellow jackets”, or “Nemies”
d) Pheno- Barbital (Luminal)- “Purple heart”, “Barbs”
e) Combination of Amobarbital- Secobarbital (Tuinal)- “Tooies”, “Christmas Tree”,
“Rainbow”
SLANG NAMES: “Goofballs”, “Footballs”, “Barbs”, “Blockbuster”

1. SECONAL - Commonly use among hospitality girls.


 The dependent develops generalized convulsions and delirium, which are frequently
associated heart and respiratory failure.

2. METHAQUALONE - A synthetic sedative which has been widely abused and often causes
serious poisoning.
 It is a sedative drug in a smaller dose and a hypnotic in a bigger dose.
 It is taken orally and is rapidly absorb from the digestive tract.

Potentiation- occurs when the combined action of two or more drugs is greater than the sum of the
effects of each drug taken alone.

3. TRANQUILIZERS - Drugs that calms and relaxes and diminishes anxiety.


Kinds of Tranquilizers
a) Meprobate - a minor tranquilizer used for the relief of anxiety, tension and muscular
spasms. It does not produced sleep in small dosage, but overdose can result in
dependence, both physical and psychological.
b) Diazepam - also known as “Valium”. It is the most commonly used tranquilizer, which has
a slow onset but long duration of action. Prolonged use will result in dependence both
physical and psychological.

4. 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 of plastic bags, handkerchief or rags soaked
into these chemicals.
5. ALCOHOL - The “king of all drugs” with potential for abuse. (because it is affordable and
available anywhere)
 Most widely used, socially accepted and most extensively legalized drug throughout the
world.

B. STIMULANTS (UPPERS)
- These are drugs that produce excitation, alertness, and wakefulness, intense feeling of
“highness” and in some cases, a temporary rise in blood pressure and respiration.
27

- produce increased mental alertness, wakefulness, reduce hunger and provide a feeling of
wellbeing.
- Their medical uses include treatment of Narcolepsy- a condition characterized by an
overwhelming in desire to sleep. A person who has narcolepsy goes to sleep as frequently
as frequently as 50 times a day.
Kinds of Stimulants

1. Cocaine - This is a natural produce obtained/extracted from the leaves of Erythroxylon Coca or
the Coca Bush, shrub in indigenous to Peru and Bolivia.
 Drug taken from coca bush plant (Erythroxylon Coca) grows in South America
 Cocaine was discovered in 1850 by Nieman but the real credit should go to Gardeke
who produced it under the name Erythroxyline in 1855.
 Cocaine is a fine, fluffy white, crystalline powder, and depending on the degree of
refinement, may resemble snowflakes, camphor, sugar or salt

 “FREEBASING”- it is a method of reducing the impurities in cocaine. The method


produces a type of cocaine that is many times more powerful than normal cocaine.
 MAGNAN’S SYMPTHOMS- the feeling as if grains of sand are lying under the skin or
small insects (cocaine bugs) are creeping on the skin is the most characteristic symptom.
 COCAINE “BODY PACKER”SYNDROME-refers to the ingestion of multiple small
packages of cocaine for the purpose of transporting the contraband. The drug is placed in
a durable, non-digestible container, taken by mouth to be recovered at the place of
destination in the fecal discharge.
SLANG NAMES: “Leaf”, “Snow”, “Coke”, “Speed balls when mixed with Heroin,“Snorr”,
“SnortrollsRoyce”, “Chinese White” Blow, C, Coca, Flake, Heaven, Dust, Mujer, Nose Candy,
Paradise, Penco, Polvo, Blanco, Rock.

2. Amphetamine - Are group of synthetic drugs, increasing the heart rate and raising blood
pressure.
 This was first synthesized in 1987, as a substitute of epinephrine which was isolated
from adrenal gland and from ephedrine obtained from the Chinese herb Ephedra
Vulgaris. Often used to promote wakefulness and/or increase energy.
 Used medically for weight reducing in obesity, relief of mild depression and treatment.
Kinds Of Amphetamines
 Methamphetamines (Methedrine)
 Dextroamphetamines (Dexedrine)
 Amphetamines (Benzidrine)

Types of Amphetamine Abusers


 Adaptive abuser - those who take the drug to bolster their functioning within
conventional interpersonal and social activities.
 Excapist abuser - those who abuse the drug to avoid such interpersonal and social
activities. This type of abuser has a cycle having two phases of approximately equal
duration.
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“Up” or “Active” phase- the subject is given the drug, usually


methamphetamine , at 2-4 hours interval for 4-5 days. During the time he remains
awake.
“Down” “Reactive Phase”- after being awake and continuously active 4-5
days, the abuser then collapses from exhaustion, remaining in a semi-comatose state
and sleeping intermittently for the next 4-5 days.
SLANG NAMES: “Beanies”, “co pilots”, “foot ball hearts”, “pep pills”, “ampies”,
“Speedballs”(when mixed with Heroine) Black mollins, Cranks, moth, Trusters, Truck
drivers, Black beauties, Crystals, Cross roads, dexies, Double Cross, Meth.

3. Methamphetamines Hydrochloride - It is the most abused stimulant drug in the Philippines


today.
 It is commonly known as “poor man’s cocaine” / Shabu
 It is a white, colorless crystal or crystalline powder with a bitter numbing taste.
 It is taken orally, inhaled(snorted) sniffed (chasing the dragon) or injected.
 This stimulant was originally known a “ Kakuseizai”. “Kakusei” is the Japanese word for
waking and “Zai” the term for drugs.
SLANG NAMES: “SHABU”, “Poor Man’s Cocaine”, “upper or speed”, “Shabs”, “Tubas”, “S”
“Spoil”, “Ha”, “Ice”.

4. Caffeine - Present in coffee, tea, chocolate, cola drinks, and some wake-up pills

5. Nicotine - Active component of tobacco, which act as a powerful stimulant of the central
nervous system.
 A drop of pure nicotine can easily kill a person.

C. Hallucinogens (Psychedelics) - Are drugs capable of provoking changes in sensation, thinking,


self-awareness and emotion. Alteration of time and space perception (false Perception), illusions,
delusions, hallucinations and deletions may be either minimal or overwhelming depending on the
dose.

Kinds of Hallucinogens:
1. Marijuana (Cannabis Sativa L.) - It is the most commonly abused hallucinogen in the
Philippines because it can be grown extensively in the country.
 It is hemp that contains resinous substance, particularly in the leaves and flowering
tops.
 When the male plant blossoms, it produces flowers that open wide from which the
pollen is blown to the female plant. The male plants are taller and short-lived, dying
after their pollen is shed. The female plant is bushier, pollinate and survive until killed
by frost or their seeds are full matured.
 The most important psycho-active ingredient of Cannabis is known as
Tetrahydrocannabinol (THC). It is also known as the “sinister element”. This is the
intoxicating substance found in the resin.
 In America, the synonym of Marijuana are “reefers”, “Mexican Weed”, “Loco weed”,
“Hay” and “Indian Hemp”.
 The word Marijuana is a Mexican-Spanish- Portuguese word “Ariguango” meaning
“intoxicant”.
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SLANG NAMES: “Pot, Grass, Indian hemp, Damo, Weed, Ganja, Charras, Dagga, Tea,
Reefers, Stick, Cigarrette, joint, Mexican Weed, Smoke, Stray, Live, Ped, Acapulco Gold,
Bush, Butter flower, Muggles, Griffa, Indian hay, Loco Weed, MJ, Mary Jane, Love weed,
Mary J, Mehasky, Sativa, Reach, Mooters, MU, Gigglesmoke, Durog, Texas tea, Violeta,
Maria, Lagkitan, Baguio Gold, Panama Red, J, Jay, Mutah, Mota, Smoke, Herb, Colombia.

 Hashish - This is a crude resin extracted from the tops of a marijuana plant and is collected
in several ways. It has euphoric effect on the user 5 to 20 times stronger than the plain
marijuana.
 The first quality hashish is brown in color, becomes darker on aging.
 The Second quality has a brown-green color, and is generally sold in cloth bags.
 Charras (churrus) in India.
 In England, the extracted resin is usually known as “Hashish”.
 The word hashish is believed to have been derive from the name of a cult called
“Hashishiyya” lead by the legendary Hasan or Hashashin, who terrorized a part of
Arabia in the early 1100s. It was believed that his men were some of the earliest
political murderers and were supposed to kill under the influence of a drug and he
also fed his disciples a preparation from the resin of the female hemp plant as a
reward for their successful assassination.
SLANG NAMES: “Goma de Mota”, “Hash”, “Soles”

2. Lysergic Acid Diethylamide (LSD) - The drug was first synthesized by Dr. Albert Hoffman and
Dr. Arthur Steel while working in a Swiss pharmaceutical firm.
 LSD is synthesized from the Ergot plants- a fungus that parasites rye and other grains in
Europe and America and Diethylamide portion.
 This drug is the most powerful of the Psychedelics obtained from ergot ( a fungus that
attacks rye kernels) and it is 1, 000 times more powerful than marijuana.
 It may be medically used in the treatment of alcoholism, autism, paranoia, schizophrenia
and opium addiction and is the drug of choice to induce tranquility and reduces the need
for analgesic in cases of terminal cancer. LSD is a colorless, tasteless, odorless, usually
liquid form and taken orally.
 Gangrenous Ergotism - the tissue in the feet, legs, hands, and arms becomes dry and
black. The mummified limbs eventually fall off without loss of blood.
SLANG NAMES: Acid, Blotter Acid, California Sunshine, hoze, Microdots, paper acid,
purple haze, sunshine

3. Peyote – is derived the surface part of a small gray brown cactus


4. STP – it is a take-off on the motor oil additive
5. Mescaline - It is the alkaloid hallucinogen extracted from the Peyote Cactus and can also be
synthesized in the laboratory.
 They are made into cakes, tablets or powder and used by Indians in northern Mexico in
ceremonies.
 One of the first reports on the peyote plant was made by Dr. Francisco Hernandez of the
court of King Philip II of Spain.
 It was found that more than 30 psychoactive chemicals have been isolated from the
peyote cactus.
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 Peyote – is derived the surface part of a small gray brown cactus


SLANG NAMES: “Battons”, “Cactus”, “Mese”, “Mescal”, “Mescal Buttons”.

6. Phencyclidine (PCP) - It was developed in the late 1950s as an intravenous anesthetic. PCP
first appeared on the street drug scene in 1967 as the PeaCe Pill.
 In 1968, PCP reappeared in New York as “Hog”.
SLANG NAMES: “Angel dust”, “Crystals”, “Super Grass”, “Killer Weed”, “Rocket Fuel”,
“Embalming Fluid”, “Cyclone”, “ Tictac”, “ Super Pot”, “ Monkey Weed”, “Super Weed”, “
Horse Tranquilizer”, “Crystal T”.

7. Psilocybin - A drug derived from the psilocybe mushrooms are eaten and they produced an
effect quite similar to mescaline and LSD.
 These mushrooms induce nausea, muscular relaxation, mood changes with visions of
bright colors and shapes and later maybe followed by depressions laziness and
complete loss of time and space perceptions.
 This hallucinogenic alkaloid from Mexican mushrooms are used in Mexican Indians
today.

8. Morning Glory seeds - The black and brown seeds of the wind tropical morning plant are used
to produce hallucinations.
 The active ingredient in the seed is similar to LSD although less potent. The reactions
are likened to those resulting from LSD.

9. Mandrax - A propriety medicine commonly used by adolescent drug dependents and contains
250 mg. of methaqualone with 25 mg. of diphenhydramine. The combination has powerful
hypnotic effect.
 Psychological rather than physical dependence tends to occur after several doses.
Dependents sometimes complain about an effect called “Stone Walling”- This means
that several Mandrax tablets taken may cause insensitivity and drowsiness to such an
extent that the individual may walk into a wall or barrier or crash a motor vehicle into a
wall or obstacle.

10. MDA (3,4- Methylenedioxy-amphetamine) - The Love Drug


 MDA was first synthesized in 1910 and is structurally related to both mescaline and
amphetamine.

11. MDMA (Ecstasy) - MDMA is a modification of the hallucinogenic amphetamine MDA. The drug
is also structurally similar to mescaline with some of that drug’s euphoric effects.
 MDMA was synthesized in 1960, but it only became widely used in the last few years.
Because the drug produces euphoric effects, increased sensitivity to touch, and
lowered inhibitions, it became known as “Ecstasy”.
SLANG NAMES: “XTC”, “Adam”

D. Inhalants/ Volatile Substances/Solvents/ Deliriants


31

- A drug frequently encountered in drug abuse situations are various solvents. For example, the
inhalation of solvent fumes from glue, gasoline, paint thinner and lighter fluid will produce a form of
intoxication.

The Three Most Popular Plants as source of Dangerous Drugs


1. The Marijuana Plant – the term “marijuana” is as Spanish-Mexican term used to refer to the Indian hemp
plant, can grow in tropical region and attains an approximately height of 15 to 20 feet. Scientifically named
as Cannabis Sativa Lima. It has sexual differentiation being a dioicous.
a. The female known as PISTILLATE, shorter but long lived.
b. The male knows as STAMINATE, taller but short lived.
It’s formed a finger like look odd in numbers from 3 up 13 finger like leaves. The resin called HASHISH can
be found on the top most portion of the female plant. The active ingredient called CANNABIN the one
produces tetrahydrocannabinol concentrated alkaloid which is 5 to 20 times stronger than plain marijuana.
2. The Opium Poppy Plant – the opium poppy is scientifically known as Papaver Somniferum. The word
“Papaver” is a Greek term which means “poppy” while the word “Somniferum” is a latin term which means
“dream/induced sleep”. The plant can grow from 3 to 6 feet in height originally in Mesopotamia.
3. The Coca Bush Plant – is scientifically known as “Erythroxylon Coca” common in South America. The
plant grows in mountainous and tropical climate areas, on clay like soil. Fully grown coca plant attains a
height of 6 to 8 feet and can harvested 3 to 4 times in a year. Cocaine is the drug can produce in this plant.
The most powerful natural stimulant known as cocaine hydrochloride.

Drug Abuse -
Classification of Drug Abusers:
1) Specific or Situational Drug Users- Employs drug for specific situation or purpose or those who use
drugs to keep them awake or for additional energy to perform and important work. Such individual
may or may not exhibit psychological dependence.
 The students who use Amphetamines to keep them awake at examination time.
 The house wife who uses anti-obesity pills for additional energy to perform household
chores.
 The taxi driver who uses amphetamines to stay awake while driving all night.
 Such individuals may or may not exhibit psychological dependence.
2) Spree Users- usually college or high school age users who take drugs for “kicks”
 Drug Sprees constitute a defiance of convention, and an adventurous daring
experience, or a means of having fun. There may be some degree of psychological
dependence but little physical dependence due to mixed pattern of use.
3) Hard Core Addicts - Their activities revolve almost entirely around drug experience and securing
supplies. They show strong physical dependence on the drug, often reinforced by physical
dependence when certain drugs are being used.
4) Hippies - New types of drug abusers who emerged in the last few years. The drug users tend to
believe that today’s lifestyle is either antiquated or wrong and a new way of life should be found.
Those who are addicted to drugs believing that the drug is an integral part of life.

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 all values of life. In other words a drug addict will resort to
32

crime even, to satisfy his repeated craving for the drug. The effects of addiction are mainly deteriorative
personality changes.

Characteristics of Drug Addiction:


One or more of the following attributes characterizes drug addiction:
1. Uncontrolled Craving – the addict fells 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.
-Increase in the dose of the drug taken to feel the same effect when he initially used it.
3. Addiction – the addict is powerless to quit the drug.
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
addicts feel he cannot do without the drug, consequently if he does not take the drug his mental
processes are affected. He cannot carry out his work efficiently.
6. Withdrawal Syndrome – The addict becomes nervous and restless when he does not get the drug.
After about 12 hours of, he starts sweating. His nose and eyes become watery and continue
doing so increasingly for another twelve hours. It is followed by vomiting, diarrhea, loss of appetite
and sleep. Respiration, blood pressure and body temperature also rise. 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.
Withdrawal Sickness (Withdrawal Syndrome) – Also called cold turkey, expressed by the
user when he is deprived of the use of the drug. It is also an indication of being physically
independent to drug. (Your body will shake or you will feel shaking just like a turkey. Also, vomiting
due to the adjustment of the body in the absence of drug)

7. Stomach Cramps
8. Synergistic Effects – the combined effects of the abused drugs taken by the user.

ADDICTION may have been spawned by the following effects of drug- taking:
 Habituation - repetitious engagement of drug use which is closely related to the experience of the
euphoric effect of drugs and the relief of pain or emotional discomfort
 Toleration - tolerance is defined as minimizing effect in repetition of the same dose of the drug over
a period of time, or conversely, a necessity to increase the dosage to obtain an effect equivalent to
the original dose.
 Reverse Tolerance - A drug abuser will have the same response to a lower dose of a drug as he or
she did to the initial, higher dose.
 Cross Tolerance - A person develops a tolerance to one drug, he or she will also show tolerance to
other drugs.
 Dependence - physical dependence refer to an altered physiological state brought about by the
repeated administration of the drug which necessitates to continue using the drug to prevent the
concurrence of the characteristics illness which is termed as abstinence (Withdrawal Syndrome)
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THE EFFECTS OF DRUG ABUSE


The General Effects
1. PHYSICAL EFFETS
b. Malnutrition
c. Skin Infection and Skin Rashes

2. PSYCHOLOGICAL EFFECTS
 Deterioration of personality with impaired emotional maturation
 Impairment of adequate mental function
 Loss of drive and ambition
 Development of psychosis and depression
 Loss interest to study
 Laziness, lethargy, boredom and restlessness
 Irritability, rebellious attitude
 Withdrawn forgetfulness
3. SOCIAL EFFECTS
 Deterioration of interpersonal relationship and development of conflict with authority
 Commission of crimes
 Social maladjustment; loss of desire to work, study and participate in activities or to face
challenges
4. Mental Effects
The drug abuser can experience 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.
- Another mental effect would be deterioration of the mind. The dependent is a “mental invalid’ in the
sense that drugs can manipulate him, making lose his power, and prod him to behave contrary to
what he usually thinks is right.
5. Economic Effects
Some economic problems are encountered die to drug abuse like:
 In ability to hold stable job.
 Dependence on family resources
 Accidents in industry

MEDICAL USES OF DRUGS


1. Analgesic- are drugs that relived pain. However, they may produce the opposite effects on
somebody who suffers from peptic ulcer or gastric irritation. (alaxan, mefenamic)
2. Antibiotics- are drugs that combat or control infectious organisms. Ingesting the same
antibiotics for a long time can result in allergic reactions and cause resistance to the drug.
(amoxicillin)
3. Antipyretics- those that can lower body temperature or fever due to infection.
4. Antihistamines- those that control or combat allergic reactions. People who are on
antihistamine therapy must not be operative or drive vehicles since these drugs can cause
drowsiness.
5. Contraceptives- drugs that prevent the meeting of the egg cell and sperm cell or prevent the
ovary from releasing eggs cells.
34

6. Decongestants- those that relieve congestion of the nasal passages. Prolonged used of these
decongestants might include nasal congestion upon withdrawal. (decolgen, neozep)
7. Expectorants- those that can ease the expulsion of mucus and phlegm for the lungs and the
throat.
8. Laxatives- those that stimulate defecation and encourage bowel movement.
9. Sedatives and Tranquilizers- are those that can calm and quiet the nerves and relieve anxiety
without causing depression and clouding of mind.
10. Vitamins- those substances necessary for normal growth and development and proper
functioning of the body.

Name___________________________________________________
Year and Section_____________ Score

ACTIVITY 2
BASIC CONCEPTS, NATURE AND TYPES OF DRUGS

Instruction. Answer the following question. You can use additional paper/s needed.

1. Enumerate the two forms of drugs and explain.


2. Explain how drugs are administered.
3. Give the drug abused jargons
4. What is the difference between golden triangle and golden crescent?
5. Explain the drug situation in the Philippines.
6. Give at least 15 definition of terms that you encountered in this module.
7. Give the classification of dangerous drug.
35

CHAPTER 3
FACTORS AND CAUSES OF DRUGS

Drug dependence vs. drug addiction


People sometimes use the terms “addiction” and “dependence” interchangeably. Dependence is not the
same as addiction.

Drug Dependence – as based on the World Health Organization, it is a cluster of physiological, behavioral
and cognitive phenomena of variable intensity, in which the use of psychoactive drug takes on high priority
thereby involving, among others, as strong desrie or 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.

Physical Dependence – an adaptive state cause by repeated drug use that reveals it self by development
of intense physical symptoms when the drug is stopped. (withdrawal syndrome)

Psychological Dependence – and attachment to drug use which arises from a drug ability to satisfy some
emotional or personality needs of an individual.

Addiction
Addiction can occur without being dependent on drugs.

Addiction may involve:


 using drugs despite the consequences
36

 being unable to stop using drugs


 neglecting social and work obligations because of drug use
Dependence

It’s possible to be dependent on drugs without being addicted. Dependence can be a bodily response to a
substance. This often occurs if you rely on medications to control a chronic medical condition. These
conditions may include:
 high blood pressure
 diabetes
 glaucoma
 Dependence may involve:
 some or all the symptoms of addiction
 development of a high tolerance for the substance as your body adapts to the drug, leading to a
desire for larger or more frequent doses
 physical symptoms of withdrawal when you attempt to stop using the drug

Concept of Drug Dependence


Drug abuse must be distinguished from drug dependence. Drug dependence which is called drug
addiction is defined by three basic characteristics (Groiler, 1995)
1. The user continues to take a drug over an extended period of time.
2. The users find it difficult to stop using the drug. They seem powerless to quit the drugs use.
3. 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.

How drug abuse can lead to dependence

In some cases, people may take a prescription medication for pain or another medical condition. This kind
of use can sometimes develop into a substance use disorder.
The following are known triggers for substance use disorders:
 having a family history of addiction
 living in an environment where illegal drugs are often used and easy to access
 having a history of anxiety
 having a history of depression
 having a history of other mental health conditions
Drug users typically pass through certain stages on the way to drug dependence.
The curve tracks typical stages experienced through occasional use, dependence, disorder, and
rehabilitation.

These stages include:


- You use drugs for recreation. You take them infrequently and in social settings.
- You start using drugs on a regular basis, often abandoning family and friends in favor of drug use.
You become concerned about losing access to drugs.
- You become addicted to drugs as you become more tolerant to their effects and preoccupied with
getting them. You may abandon most or all your previous interests and relationships.
37

- You become dependent on drugs and unable to live without them. Your physical and mental health
deteriorates.

Recognizing the symptoms of drug dependence

You can often determine if an addiction has turned into dependence by looking at behavior. When a person
addicted to drugs hasn’t had them for a period of time, this can cause a physical reaction. Physical
symptoms of withdrawal occur when the body becomes stressed without the drug. These symptoms
include:
 anxiety
 depression
 muscle weakness
 nightmares
 body aches
 sweating
 nausea
 vomiting

What drugs are most likely to cause dependency?

Treating drug dependence


When drug abuse escalates to dependence, treatment becomes complicated. You must stop using the
drug, but doing so abruptly can cause physical symptoms. You may need the help of a healthcare provider
to rid your body of the substance. This can be done on an inpatient or outpatient basis.
Substances that mimic the effects of illegal drugs may help reduce the symptoms of withdrawal during
treatment. Detox programs use a combination of therapy and medical treatment to ease dependence and
treat the disorder. Ongoing therapy sessions may be needed after you’re released from a treatment
program.
Extreme cases of intoxication, withdrawal, or overdose may need emergency care before addiction and
dependence can be treated.

Long-term outlook for people with drug dependence

If left untreated, dependence on illicit drugs can be dangerous. You may increase your drug use as your
body adapts to the drugs. This can result in overdose or death.
Treatment can reverse dependence, but you must want to be treated. Sometimes, treatment is successful
the first time, but relapse is common. Ongoing therapy and support groups can help you recover, stay on
track, and address symptoms of relapse

Why People Use Drugs

While specific incentives differ from person to person, generally speaking, people start using drugs to
escape or mask pain.
In some individuals, the onset of drug use can be from untreated psychiatric issues including anxiety and
depression. The rush of pleasure from using drugs can provide temporary solace from suffering, which can
38

stem from many mental health or other issues including the following:

 Trauma or abuse
 Mental illness
 Low self-esteem
 Poverty
 Relationship problems
 Loss of a loved one
 Stress
 Chronic pain or medical conditions
But whatever their reason for starting, once addiction sets in, the disease usually spirals more and more out
of their control.

How Addiction Develops

For most people, the initial decision to take drugs is voluntary. But as they are swept up into the cycle of
addiction, the neural pathways in their brain change so they are less able to control their behavior and
resist their intense impulses.
It works like this: the brain rewards pleasurable experiences (such as food, intimacy, and laughter) with
surges of feel-good chemicals like dopamine. But using drugs triggers the release of much more dopamine
than chocolate or cuddling does, and the rush of euphoria compels them to repeat the experience. The
more someone uses drugs, the more they condition their brain to anticipate the same substance-fueled
pleasant sensations.
That’s why it’s so difficult to stop. The brain becomes wired for addiction. Eventually, one’s tolerance may
build so much that addictive behavior no longer provides any pleasure, and using drugs simply becomes a
way to avoid withdrawal. They need drugs just to keep feeling normal.

Why Some Become Addicted

Not everyone who experiments with drugs becomes an addict. There’s no single factor that can predict
whether someone will become addicted, though there are general social, biological, and environmental
factors that do increase the risk.
Biology. Genes, in combination with environmental factors, account for about half of a person’s addiction
vulnerability. Being male, African American, or having a mental illness can also increase a person’s risk of
progressing to addiction.
Environment. Family, friends, and socioeconomic status have a significant impact on a person’s likelihood
of developing an addiction. Physical and sexual abuse, peer pressure, stress, and parental guidance can
greatly affect the occurrence of substance abuse.
Development. Although a person can become an addict at any age, the earlier substance use begins, the
more likely it will escalate to serious addiction.

The Effects of Drug Addiction

The sad truth is that more deaths, illnesses, and disabilities are caused by substance abuse than by any
other preventable health condition. Prolonged drug dependence interferes with just about every organ in
the human body, and while different drugs have different damaging effects, these are some of the common
conditions substance abuse can cause:
39

 Damaged immune system, which increases susceptibility to infection


 Cardiovascular conditions, including heart attacks and collapsed veins
 Nausea, vomiting, and abdominal pain
 Liver overexertion or liver failure
 Seizures and strokes
 Widespread brain damage that can interfere with memory, attention, and decision-making, as well
as permanent brain damage
Some of the worst effects of substance abuse aren’t even health related. Drug abuse can have a number
of damaging consequences on an addict’s social and emotional well-being, including:
 Loss of employment
 Relationship loss
 Incarceration
 Financial trouble
 Homelessness
 Risky sexual behavior
Many problems can be reversed or minimized by getting sober, but there may be some health and
emotional issues that simply won’t heal with time.

Causes of drug addiction


Drug addiction is a specific type of addiction. There is no one single cause of drug addiction. Instead, there
are multiple causes that can be grouped into four basic categories. These four categories are: biological
causes, psychological causes, socio-cultural causes, and spiritual causes.
Psychologists call this the Bio-Psycho-Social-Spiritual Model of addiction. We generally understand these
are all inter-related. Therefore, each of these four factors contributes in some manner to the formation of
addiction.

The biological causes of drug addiction include each person's unique physiology and genetics. People
differ in the degree to which they like or dislike a particular addictive substance or activity. Some people
may enjoy a substance or activity so much that it becomes very tempting and difficult to resist. Another
person would not experience this difficulty because they do not experience a similar enjoyment. Likewise,
the ability to temper impulsive desires with rational thought is a brain function that varies among different
people. Some people may have a deficiency in their capacity to resist certain types of impulses. Thus,
these folks would be at greater risk for developing an addiction because of their genetic vulnerability. Oddly
enough, even normal human brain functioning, and its chemistry, make people vulnerable to addiction. Our
normal brain chemistry and functioning motivate us to repeat behaviors that are pleasurable (e.g., sex,
eating). The repetition of these behaviors ensured our species survival. Unfortunately, it also makes human
beings vulnerable to developing addictions to harmful substances and activities that are pleasurable.

Psychology also helps us to understand the causes of drug addiction. Addiction is a harmful behavior.
Psychological research has helped us to understand why people repeat certain behaviors, even when
these behaviors are harmful. This is because people learn to anticipate some benefit from the addiction
even though it is harmful. These benefits can range from stress reduction, relief from boredom, pleasurable
sensations, coping with negative feelings or situations, or simply the benefit of avoiding withdrawal
symptoms. People have varying abilities to cope with unpleasant emotions or circumstances. When people
have poor coping skills they are more vulnerable to addiction. Likewise, people have varying degrees of
40

stress and varying skills in stress reduction. People with high stress, that lack stress reduction skills, are
also more vulnerable to addiction. Psychological research also helps us to understand that motivation is
critical. Without sufficient motivation, people cannot easily change unhealthy behaviors. Simply being
aware of an alcohol problem is usually insufficient motivation to discontinue unhealthy behavior. However,
psychologists can help strengthen people's motivation through therapy and specialized techniques. Many
psychological disorders such as depression and anxiety often co-occur with addiction. These other
psychological disorders make people more vulnerable to addiction. This is because people may use alcohol
to temporarily relieve the unpleasant symptoms of these disorders.

Socio-cultural influences also contribute to the development of drug addiction. For our purposes, the term
culture describes a group learned and shared pattern of values and beliefs. These values and beliefs guide
group members' behavior and their social interactions. When a culture accepts or tolerates drug use, the
members of that culture are more vulnerable to addiction. The greatest social influence is the family. This is
how culture is transmitted from one generation to the next. Children learn from their family members about
drug use, or misuse.

Spirituality is another causal factor that can determine whether an addiction develops and flourishes.
Spirituality reflects a belief that life has a meaning and purpose. This definition is inclusive and respectful. It
includes the many different, specific beliefs that people have about that meaning and purpose. For some
people, spirituality includes specific beliefs that there is something bigger and greater than our individual
existence. People might call this a higher power; a God; many gods; the life force; the universe; Source; or
Spirit (to name just a few). For other people, there is no higher power or religion attached to that belief.
These people derive meaning and purpose through a personal set of values and goals. The lack of a
meaning and purpose in life leads to a disconnection from ourselves and each other. As addiction
progresses this disconnection increases. This disconnection causes a failure to live in harmony with the
universal laws or principles that ordinarily guide our behavior. These specific universal laws and principles
may vary according to different faiths and religions. Nonetheless, the lack of a spiritual anchor can also
lead to the development of an addiction.

Process of Detecting Drug Abusers


A. Observation - observation 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
good observer. To be an effective observer, the observer should not let his own personal judgment
and reactions effect his observation.
B. History Taking
Collateral Information (Interview with Information)-
The best information is form 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 patienCE that made them suspect the subject is abusing drugs.
C. Interview with Patient - Inquire regarding the drug being abused, onset of HIS DRUG TAKING
activity, reason for ABUSING drug, HOW support HIs vice, etc.
41

Name___________________________________________________
Year and Section_____________ Score

ACTIVITY 3
FACTORS AND CAUSES OF DRUGS

Instruction. Answer the following question. You can use additional paper/s needed.
1. What is the difference between drug dependence and drug addiction?
2. In your own opinion, how drug abuse can lead to dependence.
3. What drugs are most likely to cause dependency?
4. Give the causes of addiction and explain.
42

CHAPTER 4
DRUG PREVENTION PROGRAM AND LAW ENFORCEMENT EFFORTS

Philippine Drug Enforcement Agency (PDEA) - The implementing arm of the DDB, and responsible for the
efficient and effective law enforcement of all the provisions on any dangerous drug and/or controlled
precursor and essential chemical.
Head: Director General – appointed by the President
Assisted By: 2 Deputies Director General (one for Administration, another for Operation) – appointed by the
President
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
POWER AND FUNCTION OF PDEA
a) Cause the effective and efficient implementation of the national drug control
b) Enforcement of the provisions of Art. II of this Act
c) Undertake investigation, make arrest, and apprehension of violators and seizure and confiscation
of dangerous drugs
d) Establish forensic laboratories
e) Filing Appropriate drug cases
f) Conduct eradication programs
g) Maintain a national drug intelligence system
h) Close coordination with local and international drug agencies

The Operational Plans (OPLANS) against Drug Problems 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 – nationwide MJ eradication operations in coordination with 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
43

10) Oplan Banat – the newest operational plan against drug abused focused in the barangay level in
cooperation with barangay officials
11) Oplan Athena – operation conducted to neutralize the 14K, the Bamboo Gang and other local
organized crime groups involved in illegal drug trafficking
12) Oplan Cyclops – operations against Chinese Triad members involved in the illegal drug operations
particularly Methamphetamine Hydrochloride “shabu”

Coverage of the Rules: (ANTI-DRUG OPERATIONS)


a) Buy-Bust Operations – A form of entrapment employed by peace officers as an effective way of
apprehending criminal in the act of commission of the offense.
Procedures in Conducting Buy-Bust Operation
 The BB Operation must be covered by an operations plan and should be preceded by
intensive surveillance and casing operations.
 Prior to the BB operation, a test buy may be conducted.
 A poseur-buyer shall be designated and the “buy-bust” money shall be officially obtained
from the Office and shall be duly marked or dusted with ultra-violet powder by the
laboratory services or any other government agency
 The operating element should ensure that the suspect accepts (get hold of) the marked or
dusted money before giving the pre-arranged signal for the arrest of the suspect.
 In pre-positioning of the team members, the designated arresting elements must clearly
and actually observe the negotiation/transaction between the suspected and poseur-buyer.
 After the arrest, the arresting elements shall search the body of the suspect and vehicle, if
any, and immediate vicinity for the recovery of the buy-bust money and other concealed
evidence or deadly weapon
 The seizing officer must prepare detailed copies of the inventory of confiscated evidence
following the guidelines in Section 6, Rule IV of this manual.
b) Search for drug evidence with warrant – 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.
c) Marijuana Eradication – Involves the locating 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 plantation is located.
d) Mobile Checkpoint Operation
e) Airport and Seaport Interdiction – Involves the conduct of surveillance, interception and interdiction
of persons and evidence during travel by air or sea vessels.
f) Controlled Delivery – This is the technique of allowing elicit or suspect consignment of narcotics
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 authorities with a view of identifying persons involved in the commission of drug related
offenses.
g) Undercover Operations – An investigative technique in which the personnel involve assumes
different identities in order to obtain necessary information. This technique may also be considered
as a method of surveillance.
h) 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
44

investigative techniques may be utilized for the successful attainment of the operation, this include
but not limited to use of informants, interviewing, interrogation, surveillance and undercover
investigation.
i) Initial Investigation and Tactical Investigation (follow-up)
j) Post Operation and Custodial Investigations
k) After Investigation, inquest, prosecution and filling of the case, then trial of the case.

COMPLIANCE & CHEMICAL DIVERSION INVESTIGATION


 Compliance Investigation – refers to an official action conducted by the PDEA to ensure
compliance by license holders and prevent diversion of dangerous drugs and controlled precursors
and essential chemicals.

Stages of Operation:
Phase 1 – 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

General Drug Test


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 Zwikker Test Blue Color
Amphetamines Marquis Test Red/Orange Brown
LSD Para Amino Benzoic Acid (PABA) Purple
Marijauna Duquenois-Levine Test or KN Test Red Bottom Layer
Shabu Symone’s Test Puple

NATIONAL CAMPAIGN STRATEGIES:


1. Demand Reduction Strategy- this strategy can be carried out through the ff:
a. Preventive education and information campaigns to prevent further demand of society particularly
the youth.
b. Treatment and rehabilitation of drug dependents.
(seminars, drug education, symposium, information dissemination, etc.)
2. Supply Reduction Strategy- this strategy can be carried out through the ff:
45

a. Dangerous Drug law enforcement


b. Judicial and legislative measures
(to stop the production, or sources of drugs through the conduct of law enforcement operations)
3. International Cooperation Strategy- this strategy can be carried out through the ff:
a. International interdictions
b. Coordination with the Interpol
c. Linkages with the ASEAN community
d. UN anti-drug conventions

4.United Nation International Drug Control Program (UNDCP)


- The UNDCP was established in 1991 pursuant to General assembly Resolution 45/179 of Dec.
21, 1990.
- The UNDCP is mandated by the General Assembly with the exclusive responsibility leadership
for all Untied 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 assist government in fulfilling their obligation under the existing regulatory
structures so that they can become parties to these conventions.

Operation “tokhang” / Oplan Double Barrel


 TOKTOK HANGYO – “to approach and talk”
 “Knock & Request”

TREATMENT AND REHABILITATION APPROACH


1. Treatment- the medical service rendered to a client for the effective management of physical and
mental conditions related to drug abuse.
Defoliation / Detoxification- it is a medically supervised elimination of drugs from the system of any
addicted person.
Methods of Detoxification
-Cold Turkey- self drug withdrawal.
-Substitution – the use of methodex, catapres, haemasin, dextropropoxyphene, tranquilizer, etc.
-Reduction Method- using the same drug to which the patient is dependent. The process could be
gradual or rapid.
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
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 capabilities, and render him able to become a law abiding and productive member of
the community without abusing drugs.
Treatment- is a medical service rendered to a client for the effective management of his total condition
related to drug abuse. It deals with the physiological or psychosocial complications arising from drug
abuse.
46

Enabling- is any action taken by a concerned person that removes or softens the negative effect or
harmful consequences of drug use upon the user.
Methods:
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 feed back from the other
members regarding hi s verbal and other forms of behavior. Group support and
encouragement are given to the subject on the promise that these are effective devices,
which can produce positive results toward behavioral modification.
c. Unconstructed 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 other, through:
a. group encounter
b. verbal haircut (tongue lashing group member)
c. group games
d. family encounters
d. The Family Therapy- This is a 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 the restructuring of the family, environmental manipulating, strengthening family
communication and discovering potentials of family member to help facilitated the
rehabilitation of the drug dependent.
e. The Spiritual and Religious Means
This is the development of moral and spiritual values of the drug dependent
3. The Follow – up and After- Care
The process of rehabilitation does not end upon the release or discharge of client for 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 offices of the DSWD and the NBI
are deputized agents of the board to handle this.

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 to 1 year.

Criteria of Rehabilitation:
1. The patient achieves a drug- free existence
2. He becomes adjusted to his family and peers
3. Socially client is not involved in socially deviant behaviors.

EDUCATIONAL PROCESS
 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.
47

Strategies:
1. Drug Education- learning situations during seminar workshops, symposiums and lecture
forums, which take up value clarification, leadership training, coping skills and decision making.
Its movement, which utilizes humanistic techniques in both school- based and community
oriented drug abuse prevention program.
2. Drug Information- It is an activity which focuses 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.
Drug Information includes the following activities:
1. Youth – Adult Communication as in Parent- Youth dialogues and Family encounters
2. Info- Oriented Classroom/ Community Activities such as contest in the school
/community- essay, slogan, poster, cartoon and play writing.
3. Broadcast Media: TV, radio or Printed, Plugs, films, slides, spot announcement, music
programming, newsletter, comics, leaflets, brochures, magazines and other
publications.
3. Alternatives- this includes a number of ideas for stimulating meaningful involvement for the
youth that can complete successfully with the demands of drugs and alcohol. Primary the
services should focus on services or constructive and productive pursuits and recreational
activities that are usually community- based such as:
 Voluntary service works
 Income producing activities
 Sports, arts development: theater- choral/dance groups
 Community fair/ contest
 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 or group which needs specific assistance and support.
The program is focused on:
1. Life Career Planning- the preparation towards a comprehensive career education
helps young people to make the right choices.
2. Parenting and Family Communication- activities that fosters better understanding and
wholesome family relationship.

EFFECTIVE TECHNIQUES AND LEARNING ACTIVITIES


1. Values Formation or Development- the articulation or 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 without
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
48

c. Telephone calls or by letters


d. Information conversations 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:
1. Lecture- one-way discussion
2. Small group discussion- mutual interchange of ideas or opinions between the
small group
3. Symposium- group of talks, speeches or lectures presented by several
individuals on various phases of a single subject.
4. Panel discussion- discussion before an audience by a selected group of
persons expressing a variety of viewpoints under a moderator.
5. The Buzz Session- the count off procedure
6. 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:
1. Community assemblies and barangay affairs
2. Sport- festival or on test in the community
3. Church related activities.
49

Name___________________________________________________
Year and Section_____________ Score
ACTIVITY 4
DRUGDEPENDENCE AND LAW ENFORCEMENT EFFORTS

Instruction. Answer the following question. You can used paper/s needed.
1. Give the operational plans (OPLAN) against drug problem
2. What is the difference between buy- bust operation and undercover operation?
3. Discuss the stages of operation.
4. Enumerate the psychotherapeutic methods and explain.
5. Give at least 10 definition of terms that you encountered in this module.

PROCEDURES IN THE APPLICATION OF Search Warrant


1. Once the identity, movements, activities and location of the suspect are established, a
TB shall be undertaken to test the genuineness of the stuff in the possession of the
would be target personality
2. Submit the evidence obtained in the TB at the PDEA LS for laboratory examination. If it
yielded positive for dangerous drugs, application for search and deposition of two (2)
witnesses who have personal knowledge of the subject of search shall be prepared or
applied
3. The search warrant shall be valid for 10 days from date of issuance. after which, the
officer to whom it was assigned for execution shall make a report to the judge who
issued the warrant. In case of his failure to execute the warrant, he shall state the
reason thereof.
50

GAINING ENTRY IN SEARCH WARRANT OPERATION


1. If all members of the search party are not totally familiar with each other, then they
should wear some obvious external means of identification
2. The perimeter of the premises should be secured before entry. All doors and windows
should be under observation
3. It is the TL’s responsibility to read and explain search warrant to the responsible
occupant in the presence of at least two 2 witnesses preferably barangay/town officials
or responsible persons in the area
4. In case of resistance, the entering/raiding group shall decisively subdue the suspect/s
with the use of necessary and reasonable force. The agent first entering the premises
must announce their identity and purpose

SEARCH PROCEDURE
1. After the entering/raiding group has secured its entry into the premises the search
group and evidence custodian shall enter the premises for the conduct of the search.
2. If the premises to be searched have two or more rooms or enclosures, each room or
enclosure must be searched one at a time
3. The evidence custodian under the supervision of the TL shall take actual physical
inventory of the evidence seized by weighing or counting, in the presence of the
witnesses to include the suspect who must be placed under arrest upon discovery of any
of the items described in the search warrant
4. The owner or occupant of the premises and the two 2 witnesses shall be made to
execute and sign a certification that the search was conducted in an orderly manner in
their presence and that nothing was lost or destroyed during the search and nothing
was taken except those mentioned in the search warrant. If the suspect or occupant of
the premises refuses to sign the documents, his refusal therein must be indicated

Only those personal properties particularly described in the search warrant shall be seized wit
- Properties that are subject matter of the offense
- Properties that are stolen or embezzled and other proceeds or fruits of the offense
- Properties used or intended to be used in the commission of an offense
- Properties or items/objects which are illegal per se
- Those that may be used as proof of the commission of the offense.

REQUIREMENTS FOR COORDINATION


51

Prior to the conduct of operations, the following shall be submitted to the NOC, POS AND PDEA
Regional Office concerned

PDEA UNITS
1. Authority to operate
2. Pre-operation report

NON PDEA UNITS


1. Coordination form
2. Pre operation report

Only a copy of the authority to operate and coordination form shall be presented to support
the legitimacy of the operation ,if needed by the Court .
The POR shall be treated with confidentiality and copy thereof shall not be made an integral
part of the compliant/information for purposes of the filing of appropriate cases in the court
since it contains the summary of information of the target personality.
In case the operational target involves filipino Chinese ,Chinese and other foreign nationals the
coordination form or authority to operate and the certificate of coordination (COC) must be
approved and signed by the PDEA director general, respectively. In the absence of the director
general the designated officer in charge of PDEA could approve it and sign the COC in his behalf
.During the conduct of surveillance and or negation operations ,as the case may be, at least one
(1) PDEA organic personnel shall go along with the Non PDEA operating unit. The concerned
PDEA Regional offices shall provide personnel for this purpose. This guidelines must also be
followed in case the surveillance or negation operations concerns clandestine laboratories and /
or chemical storage facilities. (note : refer to PDEA memoranda dated November 14 2006 and
February 19 2007 for reference)

A PRIMER on the RA 9165 known as COMPREHENSIVE DANGEROUS DRUG ACT 2002


Repealing the Dangerous drug act of 1972 as amended RA 6425
52

Salient features of the new law


- RA 9165 is the Comprehensive dangerous drug act 2002
- RA 9165 Safeguards the well being of the people particularly the youth, from the
harmful effects of dangerous drugs.
- RA 9165 gives more emphasis on reconstruction and rehabilitation of an individual also
collective efforts and cooperation had been established

WHO WERE COVERED BY THE NEW LAW?


- Private individual – Filipino citizens or foreigner
- Public officials
- Students and professionals
- Establishment
- Corporation and business, etc.

RA 9165 COMPREHENSIVE DANGEROUS DRUGs act of 2002


- Consolidation of House bill No. 4433 and Senate Bill No. 1858
- Repealing RA 6425 the dangerous drug act of 1972
- Approved and signed by the president on June 7 2002
- Took effect on July 4 2002
- Consist of 13 Articles and 102 Sections

Persons who were possible subject for drug testing


Person/s
1. Applicants for drivers license
2. Applicants for firearms license and for permit to carry firearms outside of residence
3. Student of secondary and in the tertiary schools
4. Officers and employees of company’s public and private offices
5. Officers and members of the military, police, and other law enforcement agencies
6. All persons charged before the prosecutor’s office with a criminal offense having an
imposable penalty of Imprisonment of not less than six years and one day
7. All candidates for public office whether appointed or elected both in the national or
local government
Types of drug testing required
For #1 – Mandatory
53

For #2- Mandatory


For #3 random ,pursuant to the rules schools student handbook and will notice to the
parents ,expenses of which will be borne by the government
For #4 random as contained in the work rules and regulations which will be borne by the
employer
For #5 Mandatory and annually
For #6 mandatory
For #7 mandatory

Unlawful prescription of dangerous drugs


- Any person who unless authorized by law shall make or issue a prescription or any
writing purporting to be prescription for any dangerous drug shall be penalized with
- Life Imprisonment to death or a fine ranging from 500,000.00 to 10 million
- Confiscation and forfeiture of the proceeds or proceeds instruments of the unlawful act
including the properties or derived from the illegal trafficking of dangerous drugs and
/or prosecutor’s and essential chemicals
- Every penalty imposed for these unlawful act 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 unlawful comment shall be ordered discharged without delay pursuant
to the provision of Sec 21

Procedure
1. After the Conviction of the suspect in the RTC where the criminal case was tried , 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 person of the same shall be found to be
manifestly out of to his/her lawful income
2. If the forfeited property of which ,the same shall be auctioned off not later than five (5)
days upon order of confiscation or forfeiture.
3. During the pendency of the case in RTC ,no property or income derived there from
which maybe confiscated and forfeiture shall be disposed ,alienated or transferred and
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the same shall be in custodia legis and no bond shall be admitted for the release of the
same.

Uses of the proceeds of any scale or disposition of any Property confiscated or forfeited
under this section 9165
1. It 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 .
2. The proceed in excess of the above expenses shall accrue to the board to be used in its
campaign against illegal drugs

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’s.
The PDEA shall take charge and have custody of all Dangerous drugs, plant sources of
dangerous drugs, controlled precursors and essential chemicals, instruments, paraphernalia
and /or laboratory equipment for proper disposition using the following procedure
1. The apprehending team having initial custody and control. Of the drugs shall
immediately after seizure and confiscation conduct physical inventory and photograph
the same in the presence of

A. Accused or the person/s from whom such items were confiscated and /or seized.
B. His/her representative or counsel
C. A representative from the media
D. A representative from the department of justice
E. Any elected public official who shall be required to sign the copies of the
inventory and be given a copy thereof.

2. Submission to the PDEA forensic laboratory within twenty-four (24) hours from
confiscation/seizure of dangerous drugs plant sources of dangerous drugs, controlled
precursors and essential chemicals as well as instrument/s paraphernalia and/or
laboratory equipment for a qualitative and quantitative examination
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3. A certification of the examination results which shall be done under both by the forensic
expert shall be issued within 24 hours after the receipt of stated items subject to the
following conditions;

A. If the volume of the confiscated dangerous drug items does not allow the
completion of testing within the time frame, a partial laboratory examination
report shall be temporarily issued stating therein the quantities of dangerous
drugs shall be examined by the forensic laboratory.
B. A final certification shall be issued with the completed forensic laboratory
examination or the same within the next twenty-four (24)

4. After the filing of the criminal case against the suspect, the court shall within 72 hours
conducted an ocular inspection of the confiscated seized and/or surrendered items and
through the PDEA shall within 24 hours thereafter, proceed with the destruction or
burning of the same or witnessed by:

A. Accused or from whom such items were confiscated and/or seized


B. His/her representative or counsel
C. Representative from the media
D. Representative from DOJ
E. Civil society group
F. Any elected public official

5. The board shall then issue a sworn certification as to the fact of destruction or burning
of the subject items which together with the representative sample in the custody of
the PDEA shall be submitted to the court having jurisdiction over the case. In all
instances, the representative sample duty weighed and recorded is retained

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. If the accused refuses or fails to appoint a counsel after due notice in
writing to the accused or his counsel within 72 hours before the actual burning of
destruction, the secretary of justice shall appoint a member of the PAO (public
attorney’s office) to represent the former

7. After the promulgation and judgement in the criminal case wherein the representative
sample 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 lease to turn
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over the said representative sample to the PDEA for proper disposition and destruction
within 24 hours’ receipt of the same.

SEC 22 GRANT OF COMPENSATION, REWARD AND AWARD


- THE board shall recommend to the concerned government 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 precursors and
essential chemicals.

CRIMINAL LIABILTY FOR PLANTING OF EVIDENCE


- Any person who is found guilty of planting any dangerous drugs and/or controlled
precursors and essential chemicals, regardless of quantity or purity shall suffer the
penalty of death.

ARTICLE III
DANGEROUS DRUGS TEST AND RECORD REQUIREMENTS
1.AUTHORIZED during 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
2.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.
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CHAPTER 5
DRUG SUPPLY REDUCTION AND DRUG DEMAND REDUCTION

Drug Supply Reduction


Take away drugs from the public through market denial operations and prevention of diversion from the
licit to illicit market; and reduce the proliferation of illegal drugs through sustainable alternative development
programs

Law Enforcement
In order to fully support the government’s anti-drug campaign, the Philippine National Police launched its
PNP Anti-Illegal Drugs Campaign Plan: Double Barrel. Implemented in a two-pronged approach, this is the
centerpiece of PNP’s campaign against illegal drugs. The lower barrel is dubbed as Project Tokhang
(ToktokHangyo), a Visayan composite term that stands for knock (Toktok) and plead (Hangyo). It involves
visiting the residences of suspected illegal drugs personalities who are included in the Watch List provided
by the Directorate for Intelligence (DI) to persuade them to cease from their illegal activities as well as to
avail of the wellness and recovery programs of the government. The upper barrel, which is the Project HVT,
is a sustained anti-illegal drugs police operations that includes buy-busts, service of search warrants and
warrant of arrests, manhunts, raids, and checkpoints against High Value and Street Level Targets involved
in trafficking and selling of illicit drugs. The term tokhangers refers to the members of the Tokhang team
who visit watch listed drug personalities and persuade them to surrender and to stop their illegal drug
activities. Based on PNP guidelines, Tokhang activities shall be done in proper coordination with the
Philippine Drug Enforcement Agency, the Local Government Units, particularly the
Provincial/City/Municipal/Barangay Anti-Drug Abuse Councils, Non- Government Organizations,
stakeholders, and other law enforcement agencies. On January 29, 2018, the Philippine National Police
(PNP) resumed its tokhang activities in three phases, utilizing an updated Operational Guidelines.
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Regulatory Compliance
The Board continually update list of drugs for regulation and monitor drug abuse trends to determine the
possible inclusion of new drugs and substances.

Judicial and Legislative Measures


Measures consist of regular reprisal of the judiciary on recent Board regulations and the Comprehensive
Dangerous Drugs Act of 2002 or RA 9165. The Board also seek to foster and improve cooperation among
pillars of the criminal justice system such as the judiciary, prosecution and law enforcement.

What is demand reduction?


Demand reduction means trying to prevent people from wanting to and taking illicit drugs. The various
approaches may include:

• providing education and information to the general community, young people (often within school-based
programs) and drug users to enable them to make informed decisions about drugs

• treatment for drug users such as detoxification, drug substitution and social rehabilitation of drug users by
promoting employment prospects and re-integrating drug users into the community

• community development which addresses poverty, promotes economic opportunities and the integration
of people into meaningful social structures. Research has shown that drug
Drug education programs shows they can affect people’s attitudes to drugs and increase their knowledge
about drugs, but reduction of drug use is rarely achieved. The majority of drug education programs view
abstinence as the sole measure of success. The failure of these programs largely comes from ignoring why
people start and continue to take drugs. It is crucial to examine the links between drug use and society
such as unemployment, poverty, political and cultural factors. Various forms of drug treatment exist
including:
• detoxification
• residential rehabilitation
• therapeutic communities
• drug substitution therapies.

These approaches are widely used in drug demand reduction with varying degrees of success. The focus
of detoxification is to manage drug withdrawal with the aim of long-term abstinence.

Longer term treatment in therapeutic communities and residential rehabilitation is used worldwide, but it is
expensive, slow and often requires constant repetition. Many programs do not have a comprehensive
understanding of drug users. Addiction is sometimes seen as behavior requiring punishment rather than as
a medical condition. Drug substitution, such as methadone and buprenorphine, has excellent results for
many drug users, especially for chronic relapses. These benefits include:
• reduction in criminal behavior
• decrease illicit drug use
• improved job performance
• reduction of HIV-related risk behaviors
• improved retention rates in treatment
• assisting drug users to regain control of their lives by lessening relapse.
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Lastly, demand reduction also focuses on community development and tries to address some of the root
causes of drug use. But there are no quick solutions to deeply entrenched social and psychological risk
factors for drug use.

“Harm reduction aims to keep drug users alive and healthy”


The philosophy of harm reduction is to encourage drug users to progress towards reduced harm and
improved health at a speed which is more acceptable and realistic for them. Importantly, it does not
stigmatize those who practice high-risk behavior, recognizing that such behaviors result from various
complex social, environmental, economic, cultural and personal factors.

The aim of harm reduction is to keep drug users alive, well and productive until treatment works or they
grow out of their drug use and can be reintegrated into society. The strategies of supply and demand
reduction are primarily focused on mid to long term goals and consequently do not address the rapid
transmission of HIV/AIDS.

Harm reduction involves multiple strategies including:


• drug substitution programs (which is also part of demand reduction)
• outreach programs and peer education
• needle and syringe programs

Name___________________________________________________
Year and Section_____________ Score

ACTIVITY 5
DRUG SUPPLY REDUCTION AND DRUG DEMAND REDUCTION

Instruction. Answer the following question. You can use additional paper/s if needed
1. In your own opinion is anti- drug campaign plan of the government effective? Explain
Yes, because based on the research we have conducted, previous drug users were now living a
happy and contented life. Based on them, they were forced to undergo rehabilitation not just for
their own sake but for their family and community as well. They now have a decent works and they
were happy to start a new life within a drug free community.
2. Enumerate the drug treatment program and explain each.
detoxification - is the process of removing toxic substances from the body. It is the first step in drug or
alcohol rehab. Detox is the process by which all traces of alcohol and drugs are removed from the body,
ensuring that a person is physically stable and ready to start therapy to overcome their addiction. It is not
always a part of addiction treatment, but is often expected when entering rehab.

residential rehabilitation - Residential treatment provides 24-hour supervision and


structured care within a safe, non-hospital environment. 3 In contrast to outpatient
treatment, people remain in the facility and do not return home or to work during
treatment. Residential treatment programs typically include counseling and other
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behavioral health services, and many also support co-occurring mental health disorders,
depending on the level of care and a person’s needs.

therapeutic communities - The Therapeutic Community (TC) is an environment that helps


people get help while helping others. It is a treatment environment: the interactions of
its members are designed to be therapeutic within the context of the norms that require
for each to play the dual role of client-therapist.

drug substitution therapies. According to the WHO, the drug substitution or opioid substitution therapy –
also known as agonist pharmacotherapy program – consists of
treating drug-dependent people with a drug that has a similar action to the drug in which they are
dependent, thereby preventing a withdrawal syndrome and craving. Most substitution programs
rely on replacing an injected illicit drug (such as street heroin) with an oral legal drug (such as
methadone or buprenorphine) … under medical supervision

3. What is the difference between drug demand reduction and drug supply reduction
Drug Supply Reduction refers to the Take away drugs from the public through market denial
operations and prevention of diversion from the licit to illicit market; and reduce the proliferation of
illegal drugs through sustainable alternative development programs, while on the other hand, Drug
Demand Reduction refers to the prevent people from wanting to and taking illicit drugs. This may
include providing education and information to the general community, treatment for drug users
and community development.
61

CHAPTER 6
COMPREHENSIVE DANGEROUS DRUG ACT OF 2002 (R.A 9165)

DEFINITION OF TERMS
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.
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.
Clandestine Laboratory
Any facility used for the illegal manufacture of any dangerous drug and/or controlled precursor and
essential chemical.
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.
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.
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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.
Dangerous Drugs
Include those listed in the Schedules annexed to the 1961 Single Convention on Narcotics 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.
Deliver
Any act of knowingly passing a dangerous drug to another, personally or otherwise, and by any
means, with or without consideration.
Den, Dive or Resort
A place were any dangerous drug and/or controlled precursor and essential chemical is
administered, delivered, stored for illegal purposes, distributed, sold or used in any form.
Dispense
Any act of giving away, selling or distributing medicine or any dangerous drug with or without the use
of prescription.
Drug Abuse. It is the illegal, wrongful, or improper use of any drugs.
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.
Physical Dependence. An adaptive state cause by repeated drug use that reveals itself by development of
intense physical symptoms when the drug is stopped {withdrawal syndrome }
Psychological Dependence. An attachment to drug use which arises from a drug ability to satisfy some
emotional or personality needs of an individual.
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.
Employee of Den, Dive or Resort
The caretaker, helper, watchman, lookout, and other persons working in the den, dive or resort,
employed by the maintainer, owner and/or operator where any dangerous drug and/or controlled precursor
and essential chemical is administered, delivered, distributed, sold or used, with or without compensation,
in connection with the operation thereof.
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Financier
Any person who pays for, raises or supplies money for or underwrites any of the illegal activities
prescribed under this Act.
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.
Instrument
Anything that is used in or intended to be used in any manner in the commission of illegal drug
trafficking or related offenses.
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, fermenters, separatory funnel, flask, heating mantle, gas
generator, or their substitute.
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.
Cannabis or Commonly known as “Marijuana” or “Indian Hemp” or by Its Other Name
Embrace 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.
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.
Opium
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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 there from; 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.
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 substance derived therefrom, even for floral, decorative and culinary
purposes.
Methamphetamine Hydrochloride or commonly known as “Shabu”, “Ice”, “Meth”, or by its any other name
Refers to drug having such chemical composition including any of its isomers or derivatives in any
form.
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.
Practitioner
Any person who is a licensed physician, dentist, chemist, medical technologist, nurse, midwife,
veterinarian or pharmacist in the Philippines.
Planting of Evidence
The willful act by 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, effect 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.
Protector or 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.
Pusher
Any person who sells, trades, administers, dispenses, delivers or gives away to another, on any
terms whatsoever, or distributes, dispatches in transit or transport dangerous drugs or who acts as s broker
in any such transactions, in violation of this Act.
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Screening Test
A rapid test performed to establish potential/presumptive positive result.
Sell
Any act of giving away any dangerous drug and/or controlled precursor and essential chemical
whether for money or any other consideration.
Trading
Transactions involving the illegal trafficking of dangerous drugs and/or controlled precursors and
essential chemical 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
transaction whether for money or any other consideration in violation of this Act.
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.
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,
66

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.
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.
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
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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;
(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.
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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.
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.
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 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
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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 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;
(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
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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.

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.
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
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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.
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
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(g) Whether the substance is an immediate precursor of a substance already controlled under this
Act.
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 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;
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(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.

[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:
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
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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;
“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.

ACTIVITY 6
COMPREHENSIVE DANGEROUS DRUG ACT OF 2002 (R.A 9165)

Instructor. Answer the following question. You can use additional paper/s needed
Name___________________________________________________
Year and Section_____________ Score

1. If A deliver or distribute any dangerous drug and essential chemical transpire within 100 meters
from the school. What will be the imposed penalty for A?
According to Section 5, Article 2 of the RA 9165, 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.

2. Give at least 20 definition of terms under RA 9165.

3. Who are subjects for drug testing?

Explain RA 10640.
75

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″
Where in, 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. What is the difference between separability clause and repealing clause of RA 9165.

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
76

CHAPTER 7
RELEVANT LAWS AND PENALTIES OF THE DIFFERENT ILLEGAL VICES

Republic Act No. 9208


May 26, 2003
AN ACT TO INSTITUTE POLICIES TO ELIMINATE TRAFFICKING IN PERSONS ESPECIALLY WOMEN
AND CHILDREN, ESTABLISHING THE NECESSARY INSTITUTIONAL MECHANISMS FOR THE
PROTECTION AND SUPPORT OF TRAFFICKED PERSONS, PROVIDING PENALTIES FOR ITS
VIOLATIONS, AND FOR OTHER
Be it enacted by the Senate and the House of Representatives of the Philippines in Congress assembled:

Section 1. Title. This Act shall be known as the “Anti-Trafficking in Persons Act of 2003”.

Section 2. Declaration of Policy. – It is hereby declared that the State values the dignity of every human
person and guarantees the respect of individual rights. In pursuit of this policy, the State shall give highest
priority to the enactment of measures and development of programs that will promote human dignity,
protect the people from any threat of violence and exploitation, eliminate trafficking in persons, and mitigate
pressures for involuntary migration and servitude of persons, not only to support trafficked persons but
more importantly, to ensure their recovery, rehabilitation and reintegration into the mainstream of society.

It shall be a State policy to recognize the equal rights and inherent human dignity of women and men as
enshrined in the United Nations Universal Declaration on Human Rights, United Nations Convention on the
Rights of the Child, United Nations Convention on the Protection of Migrant Workers and their Families.
United Nations Convention Against Transnational Organized Crime Including its Protocol to Prevent,
Suppress and Punish Trafficking in Persons, Especially Women and Children and all other relevant and
universally accepted human rights instruments and other international conventions to which the Philippines
is a signatory.

Section 3. Definition of Terms. – As used in this Act:


(a) Trafficking in Persons – refers to the recruitment, transportation, transfer or harboring, or receipt of
persons with or without the victim’s consent or knowledge, within or across national borders by means of
threat or use of force, or other forms of coercion, abduction, fraud, deception, abuse of power or of position,
taking advantage of the vulnerability of the person, or, the giving or receiving of payments or benefits to
achieve the consent of a person having control over another person for the purpose of exploitation which
includes at a minimum, the exploitation or the prostitution of others or other forms of sexual exploitation,
forced labor or services, slavery, servitude or the removal or sale of organs.

(b) Child – refers to a person below eighteen (18) years of age or one who is over eighteen (18) but is
unable to fully take care of or protect himself/herself from abuse, neglect, cruelty, exploitation, or
discrimination because of a physical or mental disability or condition.(c) Prostitution – refers to any act,
transaction, scheme or design involving the use of a person by another, for sexual intercourse or lascivious
conduct in exchange for money, profit or any other consideration.
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(d) Forced Labor and Slavery – refer to the extraction of work or services from any person by means of
enticement, violence, intimidation or threat, use of force or coercion, including deprivation of freedom,
abuse of authority or moral ascendancy, debt-bondage or deception.

(e) Sex Tourism – refers to a program organized by travel and tourism-related establishments and
individuals which consists of tourism packages or activities, utilizing and offering escort and sexual services
as enticement for tourists. This includes sexual services and practices offered during rest and recreation
periods for members of the military.

(f) Sexual Exploitation – refers to participation by a person in prostitution or the production of pornographic
materials as a result of being subjected to a threat, deception, coercion, abduction, force, abuse of
authority, debt bondage, fraud or through abuse of a victim’s vulnerability.

(g) Debt Bondage – refers to the pledging by the debtor of his/her personal services or labor or those of a
person under his/her control as security or payment for a debt, when the length and nature of services is
not clearly defined or when the value of the services as reasonably assessed is not applied toward the
liquidation of the debt.

(h) Pornography – refers to any representation, through publication, exhibition, cinematography, indecent
shows, information technology, or by whatever means, of a person engaged in real or simulated explicit
sexual activities or any representation of the sexual parts of a person for primarily sexual purposes.

(i) Council – shall mean the Inter-Agency Council Against Trafficking created under Section 20 of this Act.

Section 4. Acts of Trafficking in Persons. – It shall be unlawful for any person, natural or juridical, to commit
any of the following acts:

(a) To recruit, transport, transfer; harbor, provide, or receive a person by any means, including those done
under the pretext of domestic or overseas employment or training or apprenticeship, for the purpose of
prostitution, pornography, sexual exploitation, forced labor, slavery, involuntary servitude or debt bondage;

(b) To introduce or match for money, profit, or material, economic or other consideration, any person or, as
provided for under Republic Act No. 6955, any Filipino woman to a foreign national, for marriage for the
purpose of acquiring, buying, offering, selling or trading him/her to engage in prostitution, pornography,
sexual exploitation, forced labor, slavery, involuntary servitude or debt bondage;

(c) To offer or contract marriage, real or simulated, for the purpose of acquiring, buying, offering, selling, or
trading them to engage in prostitution, pornography, sexual exploitation, forced labor or slavery, involuntary
servitude or debt bondage;

(d) To undertake or organize tours and travel plans consisting of tourism packages or activities for the
purpose of utilizing and offering persons for prostitution, pornography or sexual exploitation;

(e) To maintain or hire a person to engage in prostitution or pornography;

(f) To adopt or facilitate the adoption of persons for the purpose of prostitution, pornography, sexual
exploitation, forced labor, slavery, involuntary servitude or debt bondage;
78

(g) To recruit, hire, adopt, transport or abduct a person, by means of threat or use of force, fraud, deceit,
violence, coercion, or intimidation for the purpose of removal or sale of organs of said person; and

(h) To recruit, transport or adopt a child to engage in armed activities in the Philippines or abroad.

Section 5. Acts that Promote Trafficking in Persons. – The following acts which promote or facilitate
trafficking in persons, shall be unlawful:

(a) To knowingly lease or sublease, use or allow to be used any house, building or establishment for the
purpose of promoting trafficking in persons;

(b) To produce, print and issue or distribute unissued, tampered or fake counseling certificates, registration
stickers and certificates of any government agency which issues these certificates and stickers as proof of
compliance with government regulatory and pre-departure requirements for the purpose of promoting
trafficking in persons;

(c) To advertise, publish, print, broadcast or distribute, or cause the advertisement, publication, printing,
broadcasting or distribution by any means, including the use of information technology and the internet, of
any brochure, flyer, or any propaganda material that promotes trafficking in persons;

(d) To assist in the conduct of misrepresentation or fraud for purposes of facilitating the acquisition of
clearances and necessary exit documents from government agencies that are mandated to provide pre-
departure registration and services for departing persons for the purpose of promoting trafficking in
persons;

(e) To facilitate, assist or help in the exit and entry of persons from/to the country at international and local
airports, territorial boundaries and seaports who are in possession of unissued, tampered or fraudulent
travel documents for the purpose of promoting trafficking in persons;

(f) To confiscate, conceal, or destroy the passport, travel documents, or personal documents or belongings
of trafficked persons in furtherance of trafficking or to prevent them from leaving the country or seeking
redress from the government or appropriate agencies; and

(g) To knowingly benefit from, financial or otherwise, or make use of, the labor or services of a person held
to a condition of involuntary servitude, forced labor, or slavery.

Section 6. Qualified Trafficking in Persons. – The following are considered as qualified trafficking:
(a) When the trafficked person is a child;

(b) When the adoption is affected through Republic Act No. 8043, otherwise known as the “Inter-Country
Adoption Act of 1995” and said adoption is for the purpose of prostitution, pornography, sexual exploitation,
forced labor, slavery, involuntary servitude or debt bondage;

(c) When the crime is committed by a syndicate, or in large scale. Trafficking is deemed committed by a
syndicate if carried out by a group of three (3) or more persons conspiring or confederating with one
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another. It is deemed committed in large scale if committed against three (3) or more persons, individually
or as a group;

(d) When the offender is an ascendant, parent, sibling, guardian or a person who exercises authority over
the trafficked person or when the offense is committed by a public officer or employee;
(e) When the trafficked person is recruited to engage in prostitution with any member of the military or law
enforcement agencies;

(f) When the offender is a member of the military or law enforcement agencies; and

Section 10. Penalties and Sanctions. – The following penalties and sanctions are hereby established for the
offenses enumerated in this Act:

(a) Any person found guilty of committing any of the acts enumerated in Section 4 shall suffer the penalty of
imprisonment of twenty (20) years and a fine of not less than One million pesos (P1,000,000.00) but not
more than Two million pesos (P2,000,000.00);

(b) Any person found guilty of committing any of the acts enumerated in Section 5 shall suffer the penalty of
imprisonment of fifteen (15) years and a fine of not less than Five hundred thousand pesos (P500,000.00)
but not more than One million pesos (P1,000,000.00);

(c) Any person found guilty of qualified trafficking under Section 6 shall suffer the penalty of life
imprisonment and a fine of not less than Two million pesos (P2,000,000.00) but not more than Five million
pesos (P5,000,000.00);

(d) Any person who violates Section 7 hereof shall suffer the penalty of imprisonment of six (6) years and a
fine of not less than Five hundred thousand pesos (P500,000.00) but not more than One million pesos
(P1,000,000.00);

(e) If the offender is a corporation, partnership, association, club, establishment or any juridical person, the
penalty shall be imposed upon the owner, president, partner, manager, and/or any responsible officer who
participated in the commission of the crime or who shall have knowingly permitted or failed to prevent its
commission;

(f) The registration with the Securities and Exchange Commission (SEC) and license to operate of the
erring agency, corporation, association, religious group, tour or travel agent, club or establishment, or any
place of entertainment shall be cancelled and revoked permanently. The owner, president, partner or
manager thereof shall not be allowed to operate similar establishments in a different name;

(g) If the offender is a foreigner, he shall be immediately deported after serving his sentence and be barred
permanently from entering the country;

(h) Any employee or official of government agencies who shall issue or approve the issuance of travel exit
clearances, passports, registration certificates, counseling certificates, marriage license, and other similar
documents to persons, whether juridical or natural, recruitment agencies, establishments or other
individuals or groups, who fail to observe the prescribed procedures and the requirement as provided for by
laws, rules and regulations, shall be held administratively liable, without prejudice to criminal liability under
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this Act. The concerned government official or employee shall, upon conviction, be dismissed from the
service and be barred permanently to hold public office. His/her retirement and other benefits shall likewise
be forfeited; and
(i) Conviction by final judgment of the adopter for any offense under this Act shall result in the immediate
rescission of the decree of adoption.
Section 11. Use of Trafficked Persons. – Any person who buys or engages the services of trafficked
persons for prostitution shall be penalized as follows:

(a) First offense – six (6) months of community service as may be determined by the court and a fine of
Fifty thousand pesos (P50,000.00); and

(b) Second and subsequent offenses – imprisonment of one (1) year and a fine of One hundred thousand
pesos (P100,000.00).

Section 12. Prescriptive Period. – Trafficking cases under this Act shall prescribe in ten (10)
years: Provided, however, that trafficking cases committed by a syndicate or in a large scale as defined
under Section 6 shall prescribe in twenty (20) years.

The prescriptive period shall commence to run from the day on which the trafficked person is delivered or
released from the conditions of bondage and shall be interrupted by the filing of the complaint or
information and shall commence to run again when such proceedings terminate without the accused being
convicted or acquitted or are unjustifiably stopped for any reason not imputable to the accused.

Section 13. Exemption from Filing Fees. – When the trafficked person institutes a separate civil action for
the recovery of civil damages, he/she shall be exempt from the payment of filing fees.

Section 14. Confiscation and Forfeiture of the Proceeds and Instruments Derived from Trafficking in
Persons. – In addition to the penalty imposed for the violation of this Act, the court shall order the
confiscation and forfeiture, in favor of the government, of all the proceeds and properties derived from the
commission of the crime, unless they are the property of a third person not liable for the unlawful
act; Provided, however, That all awards for damages shall be taken from the personal and separate
properties of the offender; Provided, further, That if such properties are insufficient, the balance shall be
taken from the confiscated and forfeited properties.

When the proceeds, properties and instruments of the offense have been destroyed, diminished in value or
otherwise rendered worthless by any act or omission, directly or indirectly, of the offender, or it has been
concealed, removed, converted or transferred to prevent the same from being found or to avoid forfeiture or
confiscation, the offender shall be ordered to pay the amount equal to the value of the proceeds, property
or instruments of the offense.

Article 202 of the Philippines’ Revised Penal Code defines prostitution as a crime only women can commit.

Article 202. Prostitutes; Penalty. –


For the purposes of this article, women who, for money or profit, habitually indulge in sexual intercourse or
lascivious conduct, are deemed to be prostitutes. Any person found guilty of any of the offenses covered
by this article shall be punished by arresto menor [minor arrest] or a fine not exceeding 200 pesos, and in
case of recidivism, by arresto mayor [major arrest] in its medium period to prision correccional [correctional
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prison] in its minimum period or a fine ranging from 200 to 2,000 pesos, or both, in the discretion of the
court.

Republic Act No. 9211


AN ACT REGULATING THE PACKAGING, USE, SALE, DISTRIBUTION AND ADVERTISEMENTS OF
TOBACCO PRODUCTS AND FOR OTHER PURPOSES

SECTION 1. Short Title.—This Act shall be known as the Tobacco Regulation Act of 2003.

SECTION 2. Policy.—It is the policy of the State to protect the populace from hazardous products and
promote the right to health and instill health consciousness among them. It is also the policy of the State,
consistent with the Constitutional ideal to promote the general welfare, to safeguard the interests of the
workers and other stakeholders in the tobacco industry. For these purposes, the government shall institute
a balanced policy whereby the use, sale and advertisements of tobacco products shall be regulated in
order to promote a healthful environment and protect the citizens from the hazards of tobacco smoke, and
at the same time ensure that the interests of tobacco farmers, growers, workers and stakeholders are not
adversely compromised.

SECTION 3. Purpose.—It is the main thrust of this Act to:


a. Promote a healthful environment;
b. Inform the public of the health risks associated with cigarette smoking and tobacco use;
c. Regulate and subsequently ban all tobacco advertisements and sponsorships;
d. Regulate the labeling of tobacco products;
e. Protect the youth from being initiated to cigarette smoking and tobacco use by prohibiting the sale of
tobacco products to minors;
f. Assist and encourage Filipino tobacco farmers to cultivate alternative agricultural crops to prevent
economic dislocation; and
g. Create an Inter-Agency Committee on Tobacco (IAC-Tobacco) to oversee the implementation of the
provisions of this Act.

SECTION 4. Definition of Terms.—As used in this Act:


a. “Advertisement”—refers to any visual and/or audible message disseminated to the public about or on a
particular product that promote and give publicity by words, designs, images or any other means through
broadcast, electronic, print or whatever form of mass media, including outdoor advertisements, such as but
not limited to signs and billboards. For the purpose of this Act, advertisement shall be understood as
tobacco advertisement.
b. “Advertising”—refers to the business of conceptualizing, presenting, making available and
communicating to the public, through any form of mass media, any fact, data or information about the
attributes, features, quality or availability of consumer products, services or credit.
For the purpose of this Act, advertising shall be understood as tobacco advertising. This shall specifically
refer to any messages and images promoting smoking; the purchase or use of cigarette or tobacco
products; and cigarette or tobacco trademarks, brand names, design and manufacturer’s names;
c. “Advertiser”—refers to a person or entity on whose account or for whom an advertisement is
prepared and disseminated by the advertising agency, which is a service established and
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d. operated for the purpose of counseling or creating and producing and/or implementing
advertising programs in various forms of media;
. “Cigarette”—refers to any roll or tubular construction, which contains tobacco or its derivatives
and is intended to be burned or heated under ordinary conditions of use;
e. . “Distributor”—refers to any person to whom a tobacco product is delivered or sold for
purposes of distribution in commerce, except that such term does not include a manufacturer
or retailer or common carrier of such product;
f. “Mass Media”—refers to any medium of communication designed to reach a mass of people.
For this purpose, mass media includes print media such as, but not limited to, newspapers,
magazines, and publications; broadcast media such as, but not limited to radio, television,
cable television, and cinema; electronic media such as but not limited to the internet;
g. “Minor”—refers to any person below eighteen (18) years old;
h. “Manufacturer”—refers to any person or entity, including a repacker, who makes, fabricates,
assembles, processes, or labels a finished product;
i. “Package”—refers to packs, boxes, cartons or containers of any kind in which any tobacco
product is offered for sale to consumers;
j. “Person”—refers to an individual, partnership, corporation or any other business or legal entity;
k. “Point-of-Sale”—refers to any location at which an individual can purchase or otherwise obtain
tobacco products;
l. “Promotion”—refers to an event or activity organized by or on behalf of a tobacco
manufacturer, distributor or retailer with the aim of promoting a brand of tobacco product,
which event or activity would not occur but for the support given to it by or on behalf of the
tobacco manufacturer, distributor or retailer. It may also refer to the display of a tobacco
product or manufacturer’s name, trademark, logo, etc. on non-tobacco products. This includes
the paid use of tobacco products bearing the brand names, trademarks, logos, etc. in movies,
television and other forms of entertainment. For the purpose of this Act, promotion shall be
understood as tobacco promotion;
m. “Public Conveyances”—refer to modes of transportation servicing the general population, such
as, but not limited to, elevators, airplanes, buses, taxicabs, ships, jeepneys, light rail transits,
tricycles, and similar vehicles;
n. “Public Places”—refer to enclosed or confined areas of all hospitals, medical clinics, schools,
public transportation terminals and offices, and buildings such as private and public offices,
recreational places, shopping malls, movie houses, hotels, restaurants, and the like;
o. “Retailer”—refers to any person who or entity that sells tobacco products to individuals for
personal consumption;
p. “Smoking”—refers to the act of carrying a lighted cigarette or other tobacco products, whether
or not it is being inhaled or smoked;
q. “Sponsorship”—refers to any public or private contribution to a third party in relation to an
event, team or activity made with the aim of promoting a brand of tobacco product, which
event, team or activity would still exist or occur without such contribution. For the purpose of
this Act, sponsorship shall be understood as tobacco sponsorship;
r. “Tobacco”—refers to agricultural components derived from the tobacco plant, which are
processed for use in the manufacturing of cigarettes and other tobacco products;
s. “Tobacco Grower”—refers to any person who plants tobacco before the enactment of this Act
and classified as such by the National Tobacco Administration (NTA); and
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t. “Warning”—refers to the notice printed on the tobacco product or its container and/or displayed
in print or aired in broadcast or electronic media including outdoor advertising and which shall
bear information on the hazards of tobacco use.

SECTION 6. Designated Smoking and Non-smoking Areas.—In all enclosed places that are open to the
general public, private workplaces and other places not covered under the preceding section, where
smoking may expose a person other than the smoker to tobacco smoke, the owner, proprietor, operator,
possessor, manager or administrator of such places shall establish smoking and non-smoking areas. Such
areas may include a designated smoking area within the building, which may be in an open space or
separate area with proper ventilation, but shall not be located within the same room that has been
designated as a non-smoking area.

All designated smoking areas shall have at least one (1) legible and visible sign posted, namely “SMOKING
AREA” for the information and guidance of all concerned. In addition, the sign or notice posted shall include
a warning about the health effects of direct or secondhand exposure to tobacco smoke. Non-Smoking
areas shall likewise have at least one (1) legible and visible sign, namely: “NON-SMOKING AREA” or “NO
SMOKING.”

SECTION 10. Sale of Tobacco Products Within School Perimeters.—The sale or distribution of tobacco
products is prohibited within one hundred (100) meters from any point of the perimeter of a school, public
playground or other facility frequented particularly by minors.

SECTION 11. Signage.—Point-of-Sale establishments offering, distributing or selling tobacco products to


consumers, shall post the following statement in a clear and conspicuous manner: “SALE/DISTRIBUTION
TO OR PURCHASE BY MINORS OF TOBACCO PRODUCTS IS UNLAWFUL” or “IT IS UNLAWFUL FOR
TOBACCO PRODUCTS TO BE SOLD/DISTRIBUTED TO OR PURCHASED BY PERSONS UNDER 18
YEARS OF AGE.”

SECTION 32. Penalties.—The following penalties shall apply:


a. Violation of Sections 5 and 6.—On the first offense, a fine of not less than Five hundred pesos
(Php500.00) but not more than One thousand pesos (Php1,000.00) shall be imposed.
On the second offense, a fine of not less than One thousand pesos (Php1,000.00) but not more than Five
thousand pesos (Php5,000.00) shall be imposed.
On the third offense, in addition to a fine of not less than Five thousand pesos (Php5,000.00) but not more
than Ten thousand pesos (Php10,000.00), the business permits and licenses to operate shall be cancelled
or revoked.

b. Violation of Sections 7, 8, 9, 10, and 11.—On the first offense, any person or any business entity or
establishment selling to, distributing or purchasing a cigarette or any other tobacco products for a minor
shall be fined the amount of not less than Five thousand pesos (Php5,000.00) or an imprisonment of not
more than thirty (30) days, upon the discretion of the court. For succeeding offenses, both penalties shall
apply in addition to the revocation of business licenses or permits in the case of a business entity or
establishment.
If the violation is by an establishment of business entity, the owner, president, manager, or the most senior
officers thereof shall be held liable for the offense.
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If a minor is caught selling, buying or smoking cigarettes or any other tobacco products, the provisions of
Article 189 of Presidential Decree No. 603 otherwise known as The Child and Youth Welfare Code, as
amended, shall apply.

c. Violation of Sections 13 to 27.—On the first offense, a fine of not more than One hundred thousand
pesos (Php100,000.00) or imprisonment of not more than one (1) year, or both, at the discretion of the
court shall be imposed.
On the second offense, a fine of Two hundred thousand pesos (Php200,000.00) or imprisonment of not
more than two (2) years or both at the discretion of the court shall be imposed.

On the third offense, in addition to a fine of not more than Four hundred thousand pesos (Php400,000.00)
or imprisonment of not more than three (3) years, or both, at the discretion of the court, the business
permits and licenses, in the case of a business entity or establishment, shall be revoked or cancelled.

In the case of a business entity or establishment, the owner, president, manager or officials thereof shall be
liable.

If the guilty officer is an alien, he shall summarily be deported after serving his sentence, and shall be
forever barred from re-entering the Philippines.

REPUBLIC ACT No. 10586


AN ACT PENALIZING PERSONS DRIVING UNDER THE INFLUENCE OF ALCOHOL, DANGEROUS
DRUGS, AND SIMILAR SUBSTANCES, AND FOR OTHER PURPOSES
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

Section 1. Short Title. – This Act shall be known as the "Anti-Drunk and Drugged Driving Act of 2013″.

Section 2. Declaration of Policy. – Pursuant to the Constitutional principle that recognizes the protection of
life and property and the promotion of the general welfare as essential for the enjoyment of the blessing of
democracy, it is hereby declared the policy of the State to ensure road safety through the observance of the
citizenry of responsible and ethical driving standards.

Towards this end, the State shall penalize the acts of driving under the influence of alcohol, dangerous
drugs and other intoxicating substances and shall inculcate the standards of safe driving and the benefits
that may be derived from it through institutional programs and appropriate public information strategies.

Section 3. Definition of Terms. – For purposes of this Act:


(a) Alcohol refers to alcoholic beverages classified into beer, wine and distilled spirits, the
consumption of which produces intoxication.
(b) Breath analyzer refers to the equipment which can determine the blood alcohol concentration
level of a person through testing of his breath.
(c) Chemical tests refer to breath, saliva, urine or blood tests to determine the blood alcohol
concentration level and/or positive indication of dangerous drugs and similar substances in a
person’s body.
(d) Dangerous drugs and other similar substances refer to drugs listed in the schedules annexed to
the 1961 Single Convention on Narcotics Drugs, as amended by the 1972 Protocol, and in the
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schedules annexed to the 1971 Single Convention of Psychotropic Substances as enumerated in


its attachment which is an integral part of Republic Act No. 9165, otherwise known as the
"Comprehensive Dangerous Drugs Act of 2002″ and those that the Board may reclassify, add to or
remove from the list of dangerous drugs.
(e) Driving under the influence of alcohol refers to the act of operating a motor vehicle while the
driver’s blood alcohol concentration level has, after being subjected to a breath analyzer test,
reached the level of intoxication, as established jointly by the Department of Health (DOH), the
National Police Commission (NAPOLCOM) and the Department of Transportation and
Communications (DOTC).
(f) Driving under the influence of dangerous drugs and other similar substances refers to the act of
operating a motor vehicle while the driver, after being subjected to a confirmatory test as mandated
under Republic Act No. 9165, is found to be positive for use of any dangerous drug.
(g) Field sobriety tests refer to standardized tests to initially assess and determine intoxication,
such as the horizontal gaze nystagmus, the walk-and-turn, the one-leg stand, and other similar
tests as determined jointly by the DOH, the NAPOLCOM and the DOTC.
(h) Motor vehicle refers to any land transportation vehicle propelled by any power other than
muscular power.
(i) Motor vehicles designed to carry hazardous materials refer to those designed to carry or transport
materials which may endanger health and lives of the public.

Section 5. Punishable Act. – It shall be unlawful for any person to drive a motor vehicle while under the
influence of alcohol, dangerous drugs and/or other similar substances.

Section 12. Penalties. – A driver found to have been driving a motor vehicle while under the influence of
alcohol, dangerous drugs and/or other similar substances, as provided for under Section 5 of this Act, shall
be penalized as follows:
(a) If the violation of Section 5 did not result in physical injuries or homicide, the penalty of three (3)
months imprisonment, and a fine ranging from Twenty thousand pesos (Php20,000.00) to Eighty
thousand pesos (Php80,000.00) shall be imposed;
(b) If the violation of Section 5 resulted in physical injuries, the penalty provided in Article 263 of the
Revised Penal Code or the penalty provided in the next preceding subparagraph, whichever is
higher, and a fine ranging from One hundred thousand pesos (Php100,000.00) to Two hundred
thousand pesos (Php200,000.00) shall be imposed;
(c) If the violation of Section 5 resulted in homicide, the penalty provided in Article 249 of the
Revised Penal Code and a fine ranging from Three hundred thousand pesos (Php300,000.00) to
Five hundred thousand pesos (Php500,000.00) shall be imposed; and
(d) The nonprofessional driver’s license of any person found to have violated Section 5 of this Act
shall also be confiscated and suspended for a period of twelve (12) months for the first conviction
and perpetually revoked for the second conviction. The professional driver’s license of any person
found to have violated Section 5 of this Act shall also be confiscated and perpetually revoked for
the first conviction. The perpetual revocation of a driver’s license shall disqualify the person from
being granted any kind of driver’s license thereafter.

The prosecution for any violation of this Act shall be without prejudice to criminal prosecution for violation of
the Revised Penal Code, Republic Act No. 9165 and other special laws and existing local ordinances,
whenever applicable.
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Name___________________________________________________
Year and Section_____________ Score

ACTIVITY 7
RELEVANT LAWS AND PENALTIES OF THE DIFFERENT ILLEGAL VICES

Instruction. Answer the following question. You can use additional paper/s needed
1. Give at least 10 definition of terms that you encountered in this module.
2. What is trafficking in person and prostitution?
Trafficking in Persons – refers to the recruitment, transportation, transfer or harboring, or receipt of
persons with or without the victim’s consent or knowledge, within or across national borders by
means of threat or use of force, or other forms of coercion, abduction, fraud, deception, abuse of
power or of position, taking advantage of the vulnerability of the person, or, the giving or receiving
of payments or benefits to achieve the consent of a person having control over another person for
the purpose of exploitation which includes at a minimum, the exploitation or the prostitution of
others or other forms of sexual exploitation, forced labor or services, slavery, servitude or the
removal or sale of organs.

Prostitution – refers to any act, transaction, scheme or design involving the use of a person by
another, for sexual intercourse or lascivious conduct in exchange for money, profit or any other
consideration.

3. Is prostitution part of vices?


According to our past discussions, Prostitution is considered as a vice or part of vices and and also
considered as moral ill in the society.
4. What is the purpose of R.A 9211?
Purpose.—It is the main thrust of this Act to:
a. Promote a healthful environment;
b. Inform the public of the health risks associated with cigarette smoking and tobacco use;
c. Regulate and subsequently ban all tobacco advertisements and sponsorships;
d. Regulate the labeling of tobacco products;
e. Protect the youth from being initiated to cigarette smoking and tobacco use by prohibiting the
sale of tobacco products to minors;
f. Assist and encourage Filipino tobacco farmers to cultivate alternative agricultural crops to
prevent economic dislocation; and
g. Create an Inter-Agency Committee on Tobacco (IAC-Tobacco) to oversee the implementation of
the provisions of this Act.
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CHAPTER 8
POWERS AND DUTIES OF DDB AND PDEA

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 four (4) years and the other for two (2) years. Thereafter, the persons appointed to
88

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
(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
89

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 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;
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(i) Design and develop, jointly with the DOLE and in consultation with labor and employer groups
as well as nongovernment organizations a 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 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
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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

(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
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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.

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;
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(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 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;

(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
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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, 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.
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Name___________________________________________________
Year and Section_____________ Score

ACTIVITY 8
POWERS AND DUTIES OF DDB AND PDEA

Instruction. Answer the following question. You can use additional paper/s needed.
1. Explain the power and function of PDEA.
The PDEA is a regular law enforcement agency responsible for the efficient and effective law
enforcement against any dangerous drug and/or controlled precursor and essential chemicals.
2. Give the composition board of dangerous drug.
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.
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