CHAPTER III

THE LAW ENFORCEMENT ACTIVITIES

One of the primary reasons for the criminalization of

many substances is the implicit relation between drug
abuse and crime. Study indicates that worldwide, 4 out of
10 of violent crimes and tragic traffic accidents are
associated with substance abuse. To this effect, law
enforcement agencies make the drug menace a top priority
in their order of battle.

To control, prevent and solve the increasing and

alarming number drug related cases it is vital that
information which are duly verified and processed be taken
consideration. Sun Tzu's principle stated in his Book
the Art of War "If you know the enemy and know yourself.
You need not fear the results of a hundred battles; if you
know yourself andnot the enemy. For every victory, you are
a fool who will meet defeat in every battle", comes useful as
far as intelligence gathering is concerned.
For a period of thirty years, Republic Act 6425,
otherwise known as the Dangerous Drugs Act of 1972, had
been the backbone of the Philippine drug law enforcement
system. Notwithstanding the efforts of various law
entorcemnent agencies mandated to implement the law, the
drug problem alarmingly worsened. The high
the 1licit drug trade, compounded by the thenprofitability of
that imposed moderately light penalties toexisting laws
SIgnificarntly violators,
contributed to the seriousness of the problem.

existingAcknowledging the need to further strengthen

laws governing Philippine drug lavlaw enforcement
system,
Act 9165,President Gloria Macapagal-Arroyo signed Republic
or the
2002, on June Comprehensive
7, 2002. It took Dangerous Drugs Act of
9165 defines more tangible
on July 4, 2002. R.A.
effect
Courses of action for the
59
national anti-drug campaign and inflicts heavier penalte
to offenders.
9165 restructured the
The enactment of RA
While the
Philippine drug law enforcement system. the poicy
Dangerous Drug Board (DDB) continues as Enforcement
making body, it formed the Philippine Drug
under the Office of the President. The ne
Agency (PDEA)
Drug Law Enforcement and
law also abolished the National Philippine National Police
Prevention Coordinating Center, National Bureau t
Narcotics Group (PNP Nargrp), NU), and the Customs
Investigation Narcotics Unit (NBI Personnel of these
Narcotics Interdiction Office (CNIO).to perform their task
eradicated agencies were to continue
subject to a rigid screening
on detail service with the PDEA
process.
has
Establishing the proper intelligence network Drug
Philippine
been an inherent task given by law to thefollowing support
Enforcement Agency in coordination the
Task Force
units: PNP Anti - Ilegal Drug Special Operation
(PNP-AIDSOTF), National Bureau of Investigation Anti
Group/Force in
illegal Drugs Task Force and Customs Task (CTGFDDCO
Dangerous Drugs and Controlled Chemicals
along with other government and non-government entities
dedtcatedto curb the drug problem.

The purpose of intelligence gathering are as follows;

1. Effect the arrest of drug offenders and proviae
evidence to assist the prosecution in their conviction:

2. Identify criminal and subversive elements as wel

as their associates;
3. Check the conditions of the community relating t
crimes, vices and juvenile delinquency to help
crime prevention and control;
operations of la
4. Check on the effectiveness of the
enforcement agencies against drug abuse and
60
 5. Serves as an indispensable tool for policy making
and management planning of the organization.
Once a solid organization composed of competent,
honest and personnel with integrity are established,
operations against drug dens, laboratories would be
streamlined. The goal of enforcement is not ony the
anprehension but the total prevention of the drug problem
to protect our society from its chutches and menace. But it
is wise to initially go after these lawless elements to curb
the flow of illegal traffic. In this case, "the end does not
justify the means", hence operatives should be bound by
law and guided to observe due process.
The initial step to control the drug problem is to stop
the illegal and illicit drug flow; this is best accomplished by
identifying the source, disrupting the commodity flow and
bringing the offenders to justice. The following
guidelines provided for by the Comprehensive Dangerous
Drugs Act connected with gathering, evaluating, collection
and preservation of evidences to ensure that there would be
proper prosecution of the case and obtaining a guilty
verdict to bring these offenders behind bars.

Handling of evidence:
Confiscation and Forfeiture of the Proceeds or Instruments
of the Unlawful Act, Including the Properties or Proceeds
Derived from the Illegal Trafficking of Dangerous Drugs
and/or Precursors and Essential Chemicals. Every
penalty imposed for the unlawful importation, sale, trading.
distribution,
administration, dispensation,
transportation or manufacture
delivery,
of any dangerous drug
na/or controlled precursor and essential chemical, the
Cultivation or culture of plants which are sources O
dangerous drugs, and the possession of any equipment,
instrument,t, apparatus and other paraphernalia for
dangerous drugs including other laboratory equipment,
in favor of
shall carry with it the confiscation andforfeiture,
the 30vernment, of all the proceeds and properties derived
61
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 sf
lawful commerce shall be ordered destroyed without delay

After conviction in the Regional Trial Court in the

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

During the pendency of the case in the Regional Trial

Court, no property, or income derived therefrom, which
may be confiscated and forfeited, shall be
alienated or disposed,
transferred and the same shall be in
custodialegis
of the same.
and no bond shall be admitted for the
release
The
proceeds any sale or disposition of an
property confiscated
of
or forfeited shall be
proper expenses incurred in the
used to pay a
for the
confiscation, forfeiture, custody
property pending and proceedings of tns
publication disposition,
and court
maintenance
as well as
above costs. The proceeds in eXpensesof the
expenses
to be used in its shall accrue to the excess Board
Dangerous
campaign against illegal drugs.
Drugs
Custody and Disposition of
Surrendered Dangerous Drugs,Confiscated,
Drugs, Controlled Plant SourcesSeized, and/o
of Dangerou
Precursors and Essential Chemicals.
Instrumnents/ Paraphernalia
- The PDEA shall take and/orandLaboratory Equipment
charge
dangerous drugs, plant SOurces of have custody of all
62
dangerous drugs
controlled precursors and essential chemicals, as well as
instruments/paraphernalia and/or laboratory equipment
sO confiscated, seized and/or surrendered, for proper
disposition in the following manner:
(1) The apprehending team having initial custody and
control of the drugs shall, immediately after seizure
and confiscation, physically inventory and
photograph the same in the presence of the accused
or the person/s from whom such items were
confiscated and/or seized, or his/her representative
or counsel, a representative from the media and the
Department of Justice, and any elected public official
who shall be required to sign the copies of the
inventory and be given a copy thereof;
(2) Within twenty-four (24) hours upon
fiscation/seizure of dangerous drugs, plant
sources of dangerous drugs, controlled precursors
and essential chemicals, as well as

instruments/paraphernalia and/or laboratory

equipment, the same shall be submitted to the PDEA
ForensicLaboratory for a qualitative and quantitative
examination;
(3) A certification of the forensic laboratory
examination results, which shall be done under oath
by the forensic laboratory examiner, shall be issued
within twenty-four (24) hours after the receipt of the
Subject item/s: Provided, That when the voume of
the dangerous drugs, plant sources of dangerous
drugs, and controlled precursors and essential
chemicals does not allow the completion of testing
within the time frame, a partial laboratory
examination report shall be provisionally issued
stating therein the quantities of dangerous drugs still
to be examined by the foren sic laboratory: Provided,
however, That afinal certification shall be issued on
the completed forensic laboratory examination on the
Same within the next twenty-four (24) hours;
63
 (4) After the filing of the criminal case, the Court
shall, within seventy-two (72) hours, conduct an
ocular inspection of the confiscated, seized and/or
surrendered dangerous drugs, plant sources of
dangerous drugs, and controlled precursors and
essential chemicals, including
theinstruments/paraphernalia and/or laboratory
equipment, and through the PDEA shall within
twenty-four (24) hours thereafter proceed with the
destruction or burning of the same, in the presence
of the accused or the person/s from whom such
items were confiscated and/or seized, or his/her
representative or counsel, a representative from the
media and the DOJ, civil society groups and any
elected public oficial, The Board shall draw up the
guidelines on the manner of proper disposition and
destruction of such item/s which shall be borne by
the offender: Provided, That those
commerce, as determined by the item/s of lawful
Board, shall be
donated, used or recycled for legitimate
Provided, further, That a purposes:
weighed and recorded is representative
retained; sample, duly
(5) The Board shall
as to the fact of then issue a sworn
item/s destruction or burning ofcertification
the
which, together with the representative
subject
sample/s to the custody of the
in
submitted the court having PDEA, shall be
case. In all
shall be keptinstances, the jurisdiction over the
by the Board;
to a
minimumrepresentative sample/S
quantity as determined
(6) The alleged
coun sel shall beoffender or his/her
the above
proceedings and his/her
representative
allowed to personally
observe
or
all of
not constitute an
admission
offender or accused of guilt. Inpresence
case
shall
said
refuses
representative after duue or the
fails to appoint a
accused or his/her notice in
counsel writing to the
within
hours before the actual burning or seventy-two
destruction
(72)
of the
64
 evidence in question, the Secretary of Justice shal1
appoint a member of the public attorney's office to
represent the former;

(7) After the promulgation and judgment in the

criminal case wherein the representative sample/s
was presented as evidence in court, the trial
prosecutor shall inform the Board of the final
termination of the case and, in turn, shall request
the court for leave to turn OVer the said
representative sample/s to the PDEA for proper
disposition and destruction within twenty-four (24)
hours from receipt of the same; and
(8) Transitory Provision: a) Within twenty-four (24)
hours from the effectivity of this Act, dangerous
drugs defined herein which are presently in
possession of law enforcement agencies shall, with
leave of court, be burned or destroyed, in the
presence of representatives of the Court, DOJ,
Departnent of Health (DOH) and the accused/and or
his/her counsel, and, b) Pending the organization of
the PDEA, the custody, disposition, and burning or
destruction of seized/surrendered dangerous drugs
provided under this Section shall be implemented by
the DOH.

Techniques
prosecution
in
apprehension, investigation and

Grant of
Compensation, Reward and Award. - The Board
shall
grant recommend
to the concerned government agency the
of
providing compens sation, reward and award to
information and to law
any person
the enforcers participating in
operation, which
Seizure or surrender ofresults in the successful confiscation,
dangerous precursors
dangerous drugs, and controlled drugs, plant sources of
and essential
chemicals.
65
Plea-Bargaining Provision. - Any person charged under
any provision of RA 9165 regardless of the
imposable
penalty shall not be allowed to avail of the provision on
plea-bargaining
Non-Applicability of the Probation Law for
Drug
Tratfickers Pushers. - Any
ard person
trafficking or pushing under RA 9165 Act,convicted forofdrug
penalty imposed by the Court, cannot availregardless the
of the privilege
granted by the Probation Law or
968, as amended. Presidential Decree No.
Qualifying Aggravating
of a Crime byCircumnstances in the
Commission
Influence ofof Dangerous Drugs.an - Offender under the
provisions
the use of any law to the contrary, Notwithstanding
a positive
the
aggravating dangerous indrugs shall be
finding or
an offender,circumstance the a qualiying
in the and the
application
Revised Penal Code
commission
of
of a crime y
shall be the penalty provided for
Attempt or applicable.
commit the
the same Conspi racy. - Any
following unlawful actsattempt or conspiracy to
as
providedpenalty
under prescribed
RA 9165: for the
shall be penalized by
commission of the same
(a)
Importation of
controled precursor andany dangerous drug
and/or
(b) Sale, essential chemica;dispensation.
delivery, ditrading,
dangerous drug admi
andnistration,
stribution
essential chemical:and/or conttransportation
precursor aand
of any

(c) M
rolled
Maintenance
dangerous drug isof a den, dive
used in any or where an)

(d) Manufacture of form; resort

controlled precursSor andany and/o!
dangerochemicali
essential us drug
and

66
 le) Cultivation or culture of plants which are sources
of dangerous drugs.
Criminal Liability of a Public Officer or Employee for
Misappropriation, Misapplication or Failure to Account for
he Confiscated, Seized and/or Surrendered Dangerous
Drugs, Plant Sources of Dangerous Drugs, Controlled
Precursors and Essential Chemicals,
Instruments/Paraphernalia and/or Laboratory Equipment
Including the Proceeds or Properties Obtained from the
Unlawful Act Committed. - The penalty of life imprisonment
to death and a fine ranging from Five hundred thousand
pesos (P500,000.00) to Ten million pesos (P10,000,000.00),
in addition to absolute perpetual disqualification from any
public office, shall be imposed upon any public officer or
employee who misappropriates, misapplies or fails to
account for confiscated, seized or surrendered dangerous
drugs, plant sources of dangerous drugs, controlled
precursors and essential chemicals,
instruments/paraphernalia and/or laboratory equipment
including the proceeds or properties obtained from the
unlawful acts.

Any elective local or national official found to have

benefited from the proceeds of the trafficking of dangerous
drugs as prescribed in this Act, or have received any
inancial or material contributions or donations from
natural or juridical persons found guilty of trafficking
dangerous drugs, shal1 be removed from office and
Perpetually disqualified from holding any elective or
Ppontive positions in the government, its divisions,
Subdivisions, and intermediaries, including government
owned or -controlled corporations.
Criminal Liability of Government Officials and
Employees.- The maximum penalties of the unlawful acts
provided for in this Act shall be imposed, in addition to
absolutefoundperpetual
those guilty disqualification
of such unlawfulfromactsany arep government
officials and employees.
67
Criminal Liability for Planting of Evidence. - Any person
who is found guilty of "planting" any dangerous drug
and/or controlled precursor and essential chemical,
regardless of quantity and purity, shall suffer the penalty of
death.
Criminal Liability of Officers of Partnerships,
Corporations, Associations or Other Juridical Entities. -
In case any violation of this Act is committed by a
partnership, corporation, association or any juridical entity,
the partner, president, director, manager,
administrator, or officer who consents to trustee, estate
or knowingly
tolerates such violation shall1 be held criminally liable as a
co-principal.
The penalty provided for the
shall be imposed upon the offense under this Act
manager, trustee, estate partner, president, director,
knowingy authorizes, toleratesadministrator, Or officer who
or consents to the use
vehicle, vessel, aircraft, of a
instrument in the equipment or other facility, as an
importation, sale, trading,
administration, or dispensation,
transportation manufacture
chemical diversion, if Such ofdelivery, distribution,
dangerous drugs, or
equipment
control
or other
instrument vehicle,
is owned vessel, aircraft,
Or
supervision of the by or under the
association or juridical entity to which
partnership, corporation,
they are affiliated.
additionAdditional
to the Penalty if Offender is an
penalties Aien.- ln
committed, any
Act shall, after alien prescribed
who violates such in the unlawful act
without further service sentence, be deported
of provisions ths
of
proceedings,
Liability to a Person
unless the penalty immediatey
is death.
Violating
the Board. - The penalty of Any
Regulation Iaued by
(6) months and one (1) day
ranging from Ten thousand pesos imprisonment
to four (4) ranging from six
years and a fine
thousand pesos (P50,0O00.00)
persor1 found violating any
shall be(P10,000.00) to
Fity
imposed upon any
regulation duly issued by the
68
 Board, in addition to the administrative sanctions imposed
by the Board.

Immunity from Prosecution and Punishment.

Notwithstanding the provisions of Section 17, Rule 119 of
the Revised Rules of Criminal Procedure and the provisions
DenublicAct No. 6981 or the Witness Protection, Security
and Benefit Act of 1991, any person who has violated
Sections 7, 11, 12, 14, 15, and 19, Article II of this Act,who
voluntarily gives information about any violation of Sections
4 5.6. 8, 10, 13, and 16, Article Il of this Act as well as any
violation of the offenses mentioned if committed by a drug
syndicate, or any information leading to the whereabouts.
identities and arrest of all or any of the members thereof:
and who willingly testifies against such persons as
described above, shall be exempted from prosecution or
punishment for the offense with reference to which his/her
information of testimony were given, and may plead or
prove the giving of such information and testimony in bar of
such prosecution: Provided, That the following conditions
Concur:

(1) The information and testimony are necessary for

the conviction of the persons described above;

(2) Such information and testimony are not yet in the

possession of the State;
(3) Such information and testimony can be
corroborated on its material points;
() the informant or witness has not been previousiy
convicted of a crime involving moral turpitude,
eXcept when there is no other direct evidence
available for the State other than the information
and testimony of said informant or witness; and
(5) The informant or witness shall strictly and
or
faithfully comply without delay, any condition
imposed
undertaking,
reduced into writing, lawfully
69
 bythe State as further consideration for the grant of
immunity from prosecution and punishment.

Provided, further, That this immunity may be

enjoyed by such informant or witness who does not appear
to be most guilty for the offense with reference to which
his/her information or testimony were given: Provided,
finally, That there is no direct evidence available for the
State except for the information and testimony of the said
informant or witness.

Termination of the Grant of Immunity. - The immunity

granted to the informant or witness, shall not attach should
it turn out subsequently that the
information and/or
testimony is false, malicious or made only
of harassing, molesting or in any for the purpose
way prejudicing the
persons described in the preceding Section
such information or testimony is against whom
case, the informant or directed against. In such
witness
prosecution and the enjoyment of allshall be subject to
rights and benefits
previously accorded him under the law, decree or order
shall be deemed terminated.
In case an
testify without justinformant or witness fails or
cause, and when lawfully refuses to
so, or should obliged to do
such immunityhe/she violate any
as provided above, condition accompanyus
be removed and his/her immunity shal
contempt he/she
and/or criminal shall likewise be subject t
and the enjoyment of allprosecution,
rights as the case may
accorded him by law, decree or benefts previous
and
terminated. order shall be deemed
Accessory Penalties. -A-
shall be disqualified to person convicted under this Act
but not limited to, exercise his/her civil such as
the rights of rights
guardianship, either as to the parental authorityanyof
ward, the rights to
dispose of person
such or by any ofactor
propertyproperty
any conveyance inter vivos, and political rights such asbut
70
not limited to, the right to vote and be
riehts shall also be suspended voted for. Such
appeal from such conviction, during the pendency of an
CHAPTER IV
MODUS OPERANDI OF PUSHERs
The following are drug cut lingo or street terms u8ed
for drugs, their appearance and their common method of
administration:

Cannabis Group:
Type Street Names Physical Method of
Characteristics Administration
Marijuana Grass, Pot, It is typically Smoked, eaten,
Weed, Reefer, green, brown or oral intake when
Mary Jane, gray in color, brewed as tea.
Dope, Similar in
Sinsemilla, appearance to
Thai Sticks, dried parsley and
Acapulco tobacco, mixed
Gold, 420, with its stem
Hydro, Killer including seeds.
green shake
bud (KGB),
Skunk,wacky
tabacky,
Chrbnic, Herb,
Indo,
Locoweed
Hashish Hash
Black or brown Eaten or smoked
Hashish Oil Hash Oil balls or cake
Concentrated
liquid resempling Smoked and
a syrup whose mixed with
color varies from tobacco
clear to black.
Hallucinogens:
Type Street Name
Physical Method of
Hydro
Carbons
Solvents Chancterlatice
Glue paint
thinner, aerosol
Admtnttratlo
The vapors are
cans, propellants inhaled
72
 whose color is
similar to
gasoline.
Nitrous Oxide Whippets, Usually sold with The vapors are
Laughing gas a balloon or pipe inhaled
called buzz bomb,
it is a propellant
for whipped cream
in aerosol spray
Amyi Nitrate Snappers, Clear yellowish The vapors are
Poppers liquid contained inhaled
in ampules.
Butyl Nitrate Climax, Bolt, Liquid packaged The vapors are
Locker room, in minute bottles inhaled
bullet
Chloro-hydro Aerosol spraysThe fluid is stored The vapors are
carbons in aerosol paint inhaled
cans and
containers of
cleaning solution.
Stimulants:
Type Street Name Physical Method of
Characteris Administration
tlcs
Cocaine Coke, Flake, It is a white Injected,
White, Snow, crystalline Smoked or
Nose, Candy, Big powder inhaled trough
C, Lady, Snow which is nasal passage.
Bird often diluted
with other
depressants
Armphetarnines Shabu, Uppers,
Up, Speed, Black
It comes in
Capsule,
It may be
injected, taken
beauties, Pep
Pills, Co-pilots,
Pills, Tablet orally or the
and powder vapors are
Hearts, form. inhaled.
Bumblebess,
Benzedrine,
Dexedrine,
Biphetamine,
Footballs
Methampetamine Crystal, Crank,
Speed,
White
powder,pills
It may be
injected, teken
Methedrine, Meth
crystal, glass, ice.
or a rock orally or inhaled
which
resembles a
73
 block of
paraffin.
Codeine Corex, Phensydil, It may come Taken orally or
Empirin in tablets, injected.
compoundin capsules or a
codeine, Tylenol dark liquid
compound in which varies
codeine and other in thickness.
cough medicines
Methadone Dolophine, Dolly, Comes in a It may be
Amidone form of liquid injected or
solution taken orally
Morphine Sweet Morpheus, It may come Smoked,
pectoral syrup in the form of|injected or
White taken oraly
crystal,
hypodermic
tablets,
injectable
solution
Opium Paregoric, Dover's It may come It may be eaten
Powder, in formn of or takern orally
Parepectolin dark brown or saoked
chunks
Meperidine Demerol, It comes in It may be taken
Mepergan, the form of orally or
Pethyidine white injected
powder,
tablet or
solutions.
Other narcotics
Percodan, It may be Taken orally or
Percocet-5, either liquid injected.
Tussionex, form,
Darvon, Talwin, capsules or
Other stimulants Fentanyl
Cylert, Ritalin,
tablets
It may be
It may come
Predulin, Didrex, in the form of injected or
taken orally.
TepanilPondimin,
Sanorex,
pills,
capsules or
lonamin, Plegine tablets

Depressants:
Methodof
Type Street Name Physical Adminstratioa
Characteristics Taken oraly
Tranquilizers Valium, It may come in
Libriumn, tablets or
Equanil, capsules
74
 Serax,
Tranxene,
Miltown
Downers, It comes in
Barbiturates
Barba, Red
Taken orally
capsules colored
devils, Blue either red, blue
devils, or yellow
Seconal,
Amytal,
Yellows
Methaqualone Mandrakes, Tablet form Taken orally.
Sopors, Ludes,
Qualudes

Hcit drag low:

Several factors may lead to drug dependence. The

only tolerable cause is due to a medical need, which is not
even considered as an abuse for it is done under the
austere guidance of a medical specialist. However, the more
unsettling cause for alarm are those cases which have been
brought about due to domestic instability such as financial
problems, misguided values and ethics, and the like and on
abroader extent by economic depression, the community
and environment where one dwells and the deliberate
widespread of supply induced by drug syndicates through
their supply network, unscrupulous law enforcers and
inefective government policies on drug prohibition.
Researchers in the area of drug dependence by the
Dangerous
abuse Drugs Board disclose that the problem of drug
in the Philippines is predominant among young
people between the ages of 12 to 24, with 18 as the average
age. Findings indicate that:
of school;
arug abusers are found in and out
> initiated relatively early
drug abusers are
while in school;

75
 the problem as
Drug abuse is related to
personalmaladjustment and the inability to
relate satisfactorily with people.

the "gateway drug'

Since its origin in the 1950s,pillars
central of drug policy,
theory has been one of the theory, which has since spread
Those who subscribe to this that unauthorized substance
throughout the world, argue
may lead one down the path of drug addiction, and
use
should therefore be treatedas a serious matter.
regardless of its
The gateway model stresses that
cause, majority of people fall into drug abuse slowly, staring
inhalant use
with alcohol consumption, then to marijuana,
and on to more potent drugs as the need for more powerful
high intensifies. The reasoning goes that solvent, hemp
users are more likely than non-users to place themselves in
situations where other illicit substances are being used. In
order to obtain drugs they are likely to become acquainted
with people who use or sell other more stigmatized drugs
such as methamphetamine, cocaine or heroin, which may
lead to serious addictions. Using this philosophy, activities
such as smoking tobacco and drinking alcohol may also be
considered as having a gateway effect on youth.
Types of Drug Users.
The public in
general frequently classify and identiy
all drug users as belonging to the
misnomer since they fail to recognizesame group. This 1s à
that there are a lot o
types of drug users ranging from
adult users who sell, trade and adolescent recreational to
The following are the run large illicit drug tlow
categories of drug users:
Top level dealers: They refer to
aselect
respectable adult persons
who outwardy
trade large
quantities of drugs to support their high class
lifestyle. Also known as upscale dealers, they are
indistinguishable from other young professionals.
76
 They use their business savvy and skills along with
their drug earnings to get into
legitimate
enterprises. Due to their money and influence, they
rarely wind up in jail or prison.

Smugglers: They import drugs or its precursor to a

territory, generally they are considered as persons
with strong organizational skills, middle aged or
older, with capital and established connections.
Stash dealers: They are mostly adolescents who
distribute and sell small amount of drugs. They sel
drugs to maintain a constant access to drugs for
their own consumption. Their customers are mostly
friends, personal acquaintances including their
relatives.

Pushers: They are adolescents who frequently sell

drugs to multiple dug users. They use persons as
fronts to acquire drugs and asks others to
distribute the same in returrn for a small
commission. Deals are mostly irregular, making
apprehension rather difficult. They tend to frequent
known drug user hang-outs to propagate drug flow.
3 Street level drug runners: They are teenage drug
dealers who commit other delinquent acts. They
usually operate with a crew who act as look-out,
recruiters, sellers. Between small drug trade they
engage in other unlawful activities such as robbery,
theft and other violent crimes. They obtain drug by
means of consignment, and then the goods are sold
on the street.

refer to those
3 Drug involved losers: They
adolescents who cvcle in and out of the criminal
to join
Justice system. They do not have the abilityincrease
3ngs but commits unplanned crimes thatdescribed
are
elr chances of apprehension. They guiding
8 heavy drug users, who earn a living by
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 seller, touting
customers and first time users to a drug
To the illicit
drug availability to a dealer. undesirables who
as
trade, they are considered
handle drugs or money.
cannot be trusted to
persisters: They make up the majority
Drug using Estimated to comprise two thhirds of
users. they started substance
of drug drug
chronic dependents,
continue to reach drugs
and
abuse while young adulthood. But surprisingy, they
after they reach other crimninal activities, the
desist fom committing
addiction is linked with social and
cause of their Most of them have low
developmental problems.physical coordination.
nonverbal IQ'sand poor
drug users: They begin substance
$ Adult predatoryadolescent stage and continue doing
abuse in early are mostly p0or school
drugs and crime. They
Their lifestyle can
performers, with limited skills.abusers, committing
be characterized as poly drug their criminal
predatory crimes, getting arrested forand out of the
acts and doing time. They filter in
criminal justice system who are incorrigibles and
hard cases for rehabilitation. After serving their
sentence, they go back to the streets, they often
look to make a big score or deal, to significantly
increase their drug abuse. Due to their chronic and
increased consumption, their lifestyle destabilizes,
causing family disintegration and destroying career
ties. When their resources dry up, they usually
become street junkies who are unreliable and likely
to become police assets.

Stabilized junkies: They refer to adult predatory

drug users who are rarely arrested. They are
known for calculated violence whichare carefuly
planned and coordinated. They are most likely to
use creational drugs they are
sometimes referred
to as "winners" who have learned skills
and
them to maintain normal lifestyles, they may enable
opt to
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drug dealing to obtain contact with other suppliers.
Thev are mostly members of the workforce, earning
legitimate income but does little to reduce
substance abuse or illegal dealing activities.

Women users: Women who are drug involved

offenders comprise a separate classification of
to be
substances users. Women are less likely those
addicted to drugs than male offenders. But lifestyle
who choose this alternative and degrading drug
in low level
are mostly prostitutes who engage
violent criminals who
trade. They are infrequently
high risk victims of rape and violence.
are
CHAPTER V
DEVELOPMENT, INVESsTIGATION AND FILING OP
CASES

Jurisdiction Over Dangerous Drugs Cases

special
Jurisdiction. - The Supreme Court shall designate
Regional Trial Courts in
courts from anong the existing and hear cases
each judicial region to exclusively trynumber of courts
involving violations of this Act. The
be based on the
designated in each judicial region shall pending in their
population and the number of cases
respective jurisdiction. The DOJ shall designate special
prosecutors to exclusively handle drug related cases.

The preliminary investigation of cases filed under RA

9165 shallbe terminated within a period of thirty (30) days
from the date of their filing.
Whn 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 0
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
Submission of the case for resolution.

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