Cocaine is a drug from the leaves of the Coca plant, a
CRIME DETECTION AND INVESTIGATION (CDI)
DRUG EDUCATION AND VICE CONTROL
Drugs - Any chemically active substance rendering a
specific effect on the central nervous system of man.
A chemical substance that affects the functions of living
cells and alters body or mind processes when taken into
the body or applied through the skin.
Is a chemical substance that brings about physical,
emotional or behavioral change in a person taking it
Any chemical substance, other than food, which is intended
for used in the diagnosis, treatment, cure, mitigation or
prevention of disease or symptoms.
The term drug derives from the 14 th century French word
drogue, which means a dry substance.
When are drugs harmful?
Any drug may be harmful when taken in:
Excess;
Dangerous combinations;
By hypersensitive (allergic) person
Drug Abuse - Is the overuse or consumption of drugs other
than for medical reasons.
Any non-medical use of drugs that cause physical,
psychological, legal, economic, or social damage to the
user or to the people affected by the users behavior.
Abuse of drugs and other substances can lead to physical
and psychological dependence.
Commonly Abused Drugs
1. Stimulant- Drug that excite the central nervous system,
increasing alertness, decreasing fatigue, delaying sleep,
also impale appetite and cause weight loss.
A. Shabu (Methamphetamine hydrochloride) - a type of
amphetamine white, odorless crystal or crystalline
powder with a bitter numbing taste.
Street names: poor mans cocaine, S, Ice, Shabs, Ubas,
Bato, Siopao
B. Cocaine an agent that produces a temporary increase
of the functional activity or efficiency of an Organism or
any of its parts.
Street names: Coke, Snow, Flake, Bow
shrub that originated in South America. This drug affects
the central nervous system as a stimulant.
The name comes from "coca" and the alkaloid suffix -ine,
forming cocaine. It is a stimulant, an appetite suppressant,
and a topical anesthetic.
2) Narcotic/Opiates - Group of drugs that are used
medically to relieve pain, but have a high potential for
abuse.
In medicine, the term opiate describes any of
the narcotic opioid alkaloids found as natural products in
the opium poppy plant, Papaver somniferum.
Opiates, sometimes called narcotics, are a group of drugs
that are used medically to relieve pain, but have a high
potential for abuse. Some opiates come from a resin taken
from the seedpod of the Asian poppy. Opiates that are
commonly abused are Opium, Morphine, Codeine, and
synthesized or manufactured opiates.
A. Opium is the dried latex obtained from the opium
poppy (Papaver somniferum). Opium contains up to
12% morphine, an alkaloid, which is frequently
processed chemically to produce heroin. The latex also
includes codeine.
Opium poppy, Papaver somniferum- is the species of plant
from which opium and poppy seeds are derived. Opium is
the source of many narcotics, including morphine (and its
derivative heroin), thebaine, codeine, papaverine
and noscapine. The Latin botanical name means the "sleep-
bringing poppy", referring to the sedative properties of
some of these opiates.
B. Morphine is a potent opiate analgesic drug that is
used to relieve severe pain. It was first isolated in 1804
by Friedrich Serturner, first distributed by him in 1817,
and first commercially sold by Merck in 1827.
It took its name from the Greek god of dreams Morpheus.
The most abundant alkaloid found in Opium, the dried sap
(latex) derived from shallowly slicing the unripe seedpods
of the opium, or common and/or edible, poppy.
Morphine can usually be found in tablet form, a syrup, and
injection or as a suppository form.
Morphine is usually taken orally via a syrup, tablet or
capsule; however, it can come in an injectable form.
C. Heroin is processed from morphine, a naturally
occurring substance extracted from the seed pod of
certain varieties of poppy plants.
It is typically sold as a white or brownish powder or as the
black sticky substance known on the streets as "black tar
heroin.
3. Hallucinogens - Drugs that are derived from plants
chemical substances which affects the perception,
sensation, behavior and produces hallucination on the
user.
A. Marijuana - is the term used to describe all the plant
material like leaves, tops, stems, flowers and roots from
a cannabis plant (Cannabis sativa), dried and prepared
for smoking or taken orally as brownies.
The mind altering component is the tetrahydrocannabinol;
THC for short, which is concentrated in the resin.
4. Depressants/Sedatives - Drugs that have mild-calming
or sleep-producing effect upon the central nervous
system.
Other Dangerous Drugs
Methylenedioxymethamphetamine (MDMA) or
commonly known as "Ecstasy", "X-TC", "Adam", "Eden
Tablet", or by its any other name - refers to the drug having
such chemical composition, including any of its isomers or
derivatives in any form;
Sedatives - Sedative-hypnotics such as tranquilizers,
sleeping pills, and sedatives are drugs, which depress or
slow down body functions. These drugs ca be dangerous
when not taken according to physician's instructions.
Ketamine - is an anesthetic that is abused for its
hallucinogenic properties. Its predominant legitimate use is
as a veterinary anesthetic.
It can cause dream-like states and hallucinations. Users
report sensations ranging from a pleasant feeling of floating
to being separated from their bodies. Some ketamine
experiences involve a terrifying feeling of almost complete
sensory detachment that is likened to a near-death
experience.
Amphetamine-Is a psychostimulant drug of the
phenethylamine class that produces increased wakefulness
and focus in association with decreased fatigue and
appetite.
Drug that stimulant to the central nervous system. It is
colorless and maybe inhaled, injected or swallowed. It may
be used medically to treat depression, and obesity.
Routes of Drug Administration
1. Oral Ingestion - Taken by the mouth and must pass
through the stomach before being absorbed in the
bloodstream.
2. Inhalation - Drug in gaseous from enters the lungs and
is quickly absorbed by the capillary system.
3. Injection - Administered into the body by the use of a
stringe or hypodhermic needle.
4. Snorting - Inhalation through the nose of drugs in
gaseous form.
5. Buccal - Drugs is administered by placing it in the
buccal cavity just under the lips.
Definition of Terms
Drug Any substance that enters the human body and can
change either the function or structure of the human
organism.
Medicines Drugs used in the diagnosis, cure, treatment,
and prevention of disease or for the relief of pain or
discomfort.
Therapeutics The use of drugs in treating and preventing
disease and in preserving health.
Drug Abuse -Deliberate or unintentional continuous of
mind changing chemical substances usually for reasons
other than legitimate medical purposes, that results in any
degree of physical, mental.
Abstinence - Cessation of use of a psycho-active substance
previously abused, or on which the user developed drug
dependence.
Drug Dependence -Term relates to physical or psychological
dependence or both.
Impaired control over drug-taking behavior is implied.
Drug Addict - Person who is physically dependent on one
or more psycho-active substances, or whose long term use
has produce tolerance, which has lost control over his
intake, and would manifest withdrawal symptoms if
discontinuance were to occur.
Drug Addiction -A chronic disorder characterized by the
compulsive use of a substance resulting in physical,
psychological, or social harm to the user and continued use
despite of that harm.
Overdose- The inadvertent of deliberate consumption of
much larger doses that the habitually used by the
individual in question and resulting in serious toxic reaction
or death.
Poly Drug Abuse- The use of two or more psycho-active
substance in quantities and with frequencies that cause the
individual significant physiological, psychological, or
sociological distress or impairment
Rehabilitation -Restoration of an optimum state of health
by medical, physical, psychological, social and peer group
support for a chemically dependent person and his
significant others.
Tolerance
-Physiological adaptation to the effects of drugs so as
diminish the effects with constant dosages or to maintain
the intensity and duration of effects through increased
dosage.
Treatment -Application of planned procedures to identify
and change patterns of behavior that are mal-adoptive,
destructive, health injuring or to restore appropriate levels
of physical, psychological or social functioning.
Clandestine Laboratory -Any facility used for the illegal
manufacture of any dangerous drug.
Cultivate or Culture -Any act of knowingly planting,
growing, raising, or permitting the planting, growing or
raising of any plant which is source of a dangerous drug.
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.
Chemical diversion -Sale, distribution, supply or transport
of legitimately imported, in transit, manufactured or
procured controlled precursors and essential chemicals.
Deliver -Any act of knowingly passing a dangerous drug to
another, personally or otherwise, and by any means, with
or without consideration.
Den, Dive, Resort -Place where any dangerous drug and
essential chemical is administered, delivered, stored for
illegal purposes.
Drug Syndicate -Any organized group of two or more
persons forming or joining together with the intention of
committing any offense prescribed in RA 9165.
Practitioner -Any person who is a licensed physician,
dentist, chemist, medical technologist, nurse, midwife,
veterinarian or pharmacist in the Philippines.
Illegal Trafficking -Illegal cultivation, culture, delivery,
administration, dispensation, manufacture, sale trading,
transportation, distribution, importation, exportation and
possession of any dangerous drugs.
Planting Of Evidence -Willful act by any person of
maliciously and surreptitiously inserting, placing, adding or
attaching directly or indirectly, through any overt or covert
act any dangerous drugs in the person, house, effects or in
the immediate vicinity of an innocent individual for the
purpose of implicating, incriminating or imputing the
commission of any violation of RA 9165.
Pusher -Any person who sells, trades, administers,
dispense, delivers or gives away to another, distributes,
dispatches in transit or transports dangerous drugs or who
acts as a broker.
Use -Any act of injecting, intravenously or intramuscularly,
of consuming any dangerous drugs.
Confinement - Refers to the residential treatment and
rehabilitation of trainees, clients and patients in a center.
Confirmatory Test - An analytical test using a device, tool or
equipment with 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 consignment of any dangerous drug,
essential chemical to pass into, through 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 drug related offense.
Dispense -Any act of giving away, selling or distributing
medicine or any dangerous drug with or without the use of
prescription.
Drug Dependent -Refers to a person suffering from drug
dependence.
Financier - Any person who pays for, raises or supplies
money for, or underwrites any of the illegal activities
prescribed under RA 9165.
Instrument - Anything that is used or intended to be used,
in any manner, in the commission of illegal drug trafficking
or related offenses.
Laboratory -Refers to the facility of a private or government
agency that is capable of testing a specimen to determine
the presence of dangerous drugs
Protector/Coddler - Any person who knowingly and
willfully consents to the unlawful acts provided in RA 9165
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 RA 9165 in
order to prevent the arrest, prosecution and conviction of
the violator.
Screening Test -A rapid test performed to establish
potential/presumptive positive result.
Trading -Transactions involving the illegal trafficking of
dangerous drugs and/or controlled precursors and essential
chemicals using electronic devices, or acting as a broker in
any such transactions whether for money or any other
consideration.
THE PHILIPPINE ANTI DRUG EFFORTS
On February 16, 1972, Philippine Constabulary Anti
Narcotics Unit was activated (CANU).
-On March 30, 1972, Republic Act 6425 otherwise known as
the Dangerous Drug Act of 1972 was approved.
-This law created the Dangerous Drug Board as the policy-
making and regulatory body on prevention and control of
drug abuse. RA 6425 serves as the backbone of the
Philippine drug enforcement system.
-January 3, 1973, President Ferdinand E. Marcos ordered
the immediate execution of Chinese national Lim Seng
alias Gan Sou So, top heroin trafficker in the Philippines, by
firing squad at the Fort Bonifacio grounds.
- The execution was aired live in television.
-CANU was renamed as AFP NARCOM on February 1, 1983
-AFP NARCOM functions were absorbed by PNP Narcotics
Group in 1991
-PDEA was created upon enactment of RA 9165 in 2002
Signed June 7, 2002
Published June 19, 2002
Took effect July 4, 2002
-Creation of The new Dangerous Drugs Board (DDB) as the
policy and strategy formulating body.
-The Philippine Drug Enforcement Agency (PDEA) as its
implementing arm.
-In July 2002, PDDG Anselmo Avenido (Ret.) appointed as
first Director General of PDEA.
-On April 6, 2006, Gen. Dionisio R. Santiago (Ret) appointed
as PDEA Director General vice Anselmo Avenido.
-In January 2011, PCSUPT Jose Gutierrez (Ret) was
appointed as PDEA Director General vice Gen. Dionisio R.
Santiago (Ret).
With the creation of PDEA.
-the secretariat of the National Drug Law Enforcement and
Prevention Coordinating Center or DEP Center has been
absorbed by the new agency
Narcotics Group of the PNP;
Narcotics Division of the NBI; and
Narcotics Interdiction Unit of the Bureau of Customs
have been abolished
EXECUTIVE ORDER NO. 218
Strengthening the support mechanism for the Philippine
Drug Enforcement Agency
-issued on June 18, 2003 by President Gloria Macapagal
Arroyo.
-Creation of Task Forces: The Office of the President, the
PNP, and other agencies which were performing drug law
enforcement and prevention function prior to the
enactment of RA 9165 shall organize anti-drug forces to
support the PDEA.
-The PDEA shall exercise operational supervision and
provide technical support to the main task force created by
the PNP.
PHILIPPINE DRUG ENFORCEMENT AGENCY (PDEA)
A law enforcement agency
Lead agency on the governments anti-drug
campaign
Responsible for efficient and effective law
enforcement of all provisions on any dangerous
drug and/or controlled precursor and essential
chemicals
-Serves as the implementing arm of the Dangerous Drug
Board (DDB).
-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
RA 9165.
PHILIPPINE DRUG ENFORCEMENT AGENCY (PDEA)
-Headed by Director General with the rank of
Undersecretary, appointed by the President.
-The head of the PDEA is assisted by 2 deputies Director
General, with the rank of Assistant Secretary, 1 for
Operations and 1 for Administration, also appointed by
the President.
POWER AND DUTIES OF PDEA
-To cause the efficient and effective implementation of the
national drug control strategy formulated by the Dangerous
Drugs Board;
- Undertake the enforcement of the provisions of Article II
of RA 9165 relative to the unlawful acts and penalties
involving any dangerous drugs and/or controlled precursor
and essential chemicals;
-Administer oath and issue subpoena and subpoena duces
tecum relative to the conduct of investigation involving the
violations of RA 9165;
-Arrest and apprehend as well as search all violators and
seize or confiscate the effects or proceeds of the crimes as
provided by law;
-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;
-Establish a forensic laboratory in each PNP office in every
province and city in order to facilitate action on seized or
confiscated drugs, thereby hastening their destruction
without delay;
- Recommend to the DOJ the forfeiture of properties and
other assets of persons and/or corporations found to be
violating the provisions of RA 9165 and in accordance with
the pertinent provisions of the Anti-Money Laundering Act
of 2001;
- Prepare for prosecution or cause the filing of appropriate
criminal and civil cases for violation of all laws n dangerous
drugs, controlled precursors and essential chemicals, and
other similar controlled substances;
-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;
-Conduct eradication programs to destroy wild or illegally
grown plants from which dangerous drugs may be
extracted;
-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;
-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 the apprehension of big-time drug lords;
- Establish and maintain close coordination, operation and
linkages with international drug control and administration
agencies and organizations;
-Create and maintain an efficient special enforcement unit
to conduct an investigation, file charges and transmit
evidence to the proper court;
- Require all government and private hospitals, clinics,
doctors, dentists and other practitioners to submit a report
to it;
- Coordinate with the DDB for the facilitation of the
issuance of necessary guidelines, rules and regulations for
the proper implementation of RA 9165;
- Initiate and undertake a national campaign for drug
prevention and control programs, where it may enlist the
assistance of any department, bureau, office, agency or
instrumentality of the government, including government-
owned and/or controlled corporations; and
-Submit annual and periodic reports to the DDB from time
to time and perform such other functions as may be
authorized of required under existing laws and as directed
by the President.
DANGEROUS DRUG BOARD (DDB)
-Created by virtue of Republic Act 6425 otherwise known
as Dangerous Drug Act of 1972 subsequently repealed by
RA 9165.
-the policy-making & strategy-formulating body in the
planning & formulation of policies & programs on drug
prevention & control.
-It shall develop and adopt a comprehensive, integrated,
unified and balanced national drug abuse prevention and
control strategy.
DANGEROUS DRUG BOARD (DDB)
-DDB composed of 17 members wherein 3 of which are
permanent members, the other 12 members are ex- officio
capacity and 2 regular members.
THREE (3) PERMANENT MEMBERS
- At least 7 years of training and experience in the field of
the ff: fields in law, medicine, criminology, psychology or
social work.
- Appointed by the president.
-One designated as the Chairman with the rank of
Secretary (with the term of 6 years) and the two other
regular members as undersecretary (one with 4 years term
and the other 2 years but succeeding appointment will
serve six years and until their successors shall have been
duly appointed and qualified.
TWELVE (12) EX- OFFICIO MEMBERS
- Secretary or representative of the following Department:
- DOJ, DOH, DND, DOF, DOLE, DILG, DSWD, DFA, DepEd,
- Chairman CHED, NYC
- Director General - PDEA
TWO (2) REGULAR MEMBERS
- President of Integrated Bar of the Philippines (IBP).
- Chairman or President of a non- government organization
involved in dangerous drug campaign to be appointed by
the President.
The Director of NBI and Chief, PNP are the permanent
consultant of the DDB.
DRUG MULES or DRUG COURIERS
-Are individuals who transport dangerous drugs in
exchange for a huge amount of money, depending on the
amount of drugs to be delivered and the route/distance to
be traveled.
-Women are usually targeted by syndicates since they
generally generate mild suspicion from authorities and the
female body has more cavities possible to insert the drugs
in, therefore posing less detection risk.
Methods of Concealment
1. Hidden in luggage/suitcases;
2. Ingestion/Swallowing;
3. Placed in shoes;
4. Placed in bottom part of luggage;
5. Placed inside handbag;
6. Others- Undergoing minor operation, placing in
shoeboxes/ books/bottles/parcels, etc.
Factors contributing to the drug courier problem
1. Filipinos are usually enticed by the offer because of the
syndicates promise of love/marriage, as have been
recorded in several arrests involving Filipina drug couriers.
Others are lured by the opportunity to travel and the
promise of a comfortable life while others want a high-
paying job and easy money.
2. The drug courier problem can also be attributed to the
(1) The prevalence of poverty, (2) Poor educational
background, (3) Easy money, (4) Unemployment and 95)
the idea of traveling
The Task Force Drug Couriers
The Task Force Drug Couriers (TFDC) was created on
February 08, 2010 by virtue of Administrative Order No.
279. It is an inter-agency team tasked in the deterrence,
prevention and protection of Filipinos from being
victimized as drug couriers by international drug trafficking
syndicates.
The Task Force is composed of 13 agencies, chaired by the
Philippine Drug Enforcement Agency and co-chaired by the
Department of Foreign Affairs with the following agencies
as members
1. Bureau of Customs
2. Bureau of Immigration
3. Commission on Higher Education
4. Department of Justice
5. Department of Labor and Employment
6. Manila International Airport Authority
7. National Bureau of Investigation
8. Philippine Information Agency
9. Philippine National Police Aviation Security Group
10. Tourism Infrastructure and Enterprise Zone Authority
(formerly Philippine Tourism Authority)
11. Office of the President thru the Office of the Executive
Secretary
MODUS OPERANDI (MO)
Couriers are usually recruited by casual acquaintances they
meet in key cities here or abroad, mostly fellow Filipinos
connected to drug syndicates like the African Drug
Syndicate (ADS), offering plane tickets, hotel
accommodation and huge amounts of money.
In some instances, members of syndicates befriend/marry
potential recruit then later turn him/her into a courier or
cohort. On the other hand, unwitting victims were duped
by acquaintances into carrying packages in exchange for
money, not knowing that drugs were placed inside.
Couriers may also be recruited through the internet and
social networking sites like Facebook, MySpace, Tagged,
etc. Syndicates also engage in travel & tours
businesses/agencies to arrange airline and hotel bookings
of the couriers and use fraudulent documents/fake credit
cards.
The ADS is believed to be behind the alarming increase of
Filipino drug couriers arrested abroad. They deliver drugs
to their connections in different points around the world by
employing drug couriers to prevent the risk of getting
caught themselves. They also use Filipinos as cohorts to
recruit fellow OFWs.
The ADS is an international syndicate involved in drug
trafficking and cyber crimes.
They use stolen and/or falsified documents to go about
with their transaction (i.e. purchase of plane tickets, hotel
bookings) and usually communicate with their cohorts thru
phone or the internet.
Members are proficient in English and well-versed, very
persistent and are generally friendly which makes them
recruit potential victims easily.
National Anti-Drug Strategy & 4 Pillars of Anti-Drug
Campaign
THE FOUR PILLARS OF ANTI-DRUG CAMPAIGN
1. Drug Supply Reduction Drive
Reduce the supply of drugs
Drive the prices high and create acute shortage of
drugs
Neutralize sources of drugs
2. Drug Demand Reduction Drive
Reduce the demand side of the drug chain
Concentrates on anti-drug advocacy efforts public
information and treatment and rehabilitation
Targets non-users, casual drug users and
addicts/recovering persons
3. Alternative Development/Reform Programs
Development/livelihood program
Education program
Family solidarity/development program
Good governance program
Legal reforms
4. International Cooperation
Neutralize transnational drug syndicates
Minimize drug trafficking to and from the country
Exchange of information and technologies
Multilateral, regional, sub-regional and bilateral
assistance and cooperation
REPUBLIC ACT 9165
Some Pertinent Provisions of Comprehensive Dangerous
Drug Act of 2002
UNLAWFUL ACTS AND PENALTIES UNDER RA 9165
Section 4. Importation of Dangerous Drugs
Penalty:
Life Imprisonment and fine of Five Hundred Thousand
pesos (P500,000.00) to Ten Million Pesos (P10,000,000.00).
Importation of any Controlled precursor and essential
chemicals
Penalty:
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)
Sec 4"protector/coddler" of any violator of the provisions
under this Section.
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)
Section 5. Sale, Trading, Administration, Dispensation,
Delivery, Distribution and Transportation of Dangerous
Drugs
Penalty
-life imprisonment and fine ranging from Five hundred
thousand pesos (P500,000.00) to Ten million pesos
(P10,000,000.00)
Section 6. Maintenance of a Den, Dive or Resort involving
dangerous drugs
penalty
life imprisonment and a fine ranging from Five hundred
thousand pesos (P500,000.00) to Ten million pesos
(P10,000,000.00)
-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.
Section 7 Employees and Visitors of a Den, Dive or Resort
12 years and 1 day to 20 years (100,000.00 to 500,000.00).
- (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
- Penalty for Manufacture of Dangerous drugs- life
imprisonment and a fine ranging from Five hundred
thousand pesos (P500,000.00) to Ten million pesos
(P10,000,000.00)
- Penalty for manufacture any controlled precursor and
essential chemical - 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)
Note:
- 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.
Sec 11. Possession of Dangerous Drugs
- Possession of Dangerous Drugs regardless of purity-
penalty provided life imprisonment and a fine ranging from
Five hundred thousand pesos (P500,000.00) to Ten million
pesos (P10,000,000.00)
- 10 grams or more of opium, morphine, heroin, cocaine or
cocaine hydrochloride, marijuana resin or oil, and other
dangerous drugs,
- 50 grams or more of shabu
- 500 grams or more of marijuana
Penalty-Life imprisonment and fine ranging from Php
400,000.00 to Php 500,000.00
- If the quantity of shabu is ten (10) grams but not more
than 50 grams
Penalty- Imprisonment of 20 years and 1 day to life
imprisonment and fine ranging from Php 400,000.00 to Php
500,000.00
- If 5 grams or more but less than 10 grams of any
Dangerous Drugs
- 300 grams or more of marijuana but less than 500 grams
Penalty- imprisonment of 12 years and 1 day to 20 years
and a fine ranging from Php 300,000.00 to Php 400,000.00
-If the quantity of dangerous drugs are less than 5 grams.
- If the quantity of Marijuana is less than 300 grams.
Sec 15. Use of Dangerous Drugs
Penalty
-A person apprehended or arrested, who is found to be
positive for use of any dangerous drug, after a confirmatory
test, shall be imposed a penalty of a minimum of six (6)
months but not exceeds one year rehabilitation in a
government center for the first offense.
- If apprehended using any dangerous drug for the second
time, he/she shall suffer the penalty of imprisonment
ranging from six (6) years and one (1) day to twelve (12)
years and a fine ranging from Fifty thousand pesos
(P50,000.00) to Two hundred thousand pesos
(P200,000.00): Provided, That this Section shall not be
applicable where the person tested is also found to have in
his/her possession such quantity of any dangerous drug
provided for under Section 11 of this Act, in which case the
provisions stated therein shall apply.
Sec 16. Cultivation of plants classified as source of
dangerous drugs
Penalty
- Life imprisonment and fine ranging from Five hundred
thousand pesos (P500,000.00) to Ten million pesos
(P10,000,000.00)
Penalty of 12 years and 1 day to 20 years of imprisonment
and a fine ranging from P100,000.00 to P500,000.00 shall
be imposed upon any person, who acts as a
protector/coddler of any violator of the provisions of Sec.
16..
Section 18. Unnecessary Prescription of Dangerous Drugs.
The penalty of imprisonment ranging from twelve (12)
years and one (1) day to twenty (20) years and a fine
ranging from One hundred thousand pesos (P100,000.00)
to Five hundred thousand pesos (P500,000.00)
and the additional penalty of the revocation of his/her
license to practice shall be imposed upon the practitioner,
who shall prescribe any dangerous drug to any person
whose physical or physiological condition does not require
the use or in the dosage prescribed therein, as determined
by the Board in consultation with recognized competent
experts who are authorized representatives of professional
organizations of practitioners, particularly those who are
involved in the care of persons with severe pain.
Section 19. Unlawful Prescription of Dangerous Drugs.
The penalty of life imprisonment and a fine ranging from
Five hundred thousand pesos (P500,000.00) to Ten million
pesos (P10,000,000.00) shall be imposed upon any person,
who, unless authorized by law, shall make or issue a
prescription or any other writing purporting to be a
prescription for any dangerous drug.
Section 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:
The apprehending team having initial custody and control
of the drugs shall, immediately after seizure and
confiscation, physically inventory and photograph the same
in the presence of the accused or the person/s from whom
such items were confiscated and/or seized, or his/her
representative or counsel, a representative from the media
and the Department of Justice (DOJ), and any elected
public official who shall be required to sign the copies of
the inventory and be given a copy thereof;
-Within twenty-four (24) hours upon confiscation/seizure of
dangerous drugs, plant sources of dangerous drugs,
controlled precursors and essential chemicals, as well as
instruments/paraphernalia and/or laboratory equipment,
the same shall be submitted to the PDEA Forensic
Laboratory for a qualitative and quantitative examination;
- 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.
- That a final certification shall be issued on the completed
forensic laboratory examination on the same within the
next twenty-four (24) hours
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, and controlled precursors and essential chemicals,
including the instruments/paraphernalia and/or laboratory
equipment, and through the PDEA shall:
within twenty-four (24) hours thereafter proceed with the
destruction or burning of the same, in the presence of the
accused or the person/s from whom such items were
confiscated and/or seized, or his/her representative or
counsel, a representative from the media and the DOJ, civil
society groups and any elected public official
Section 23. Plea-Bargaining Provision.
Any person charged under any provision of this Act
regardless of the imposable penalty shall not be allowed to
avail of the provision on plea-bargaining .
Section 28 Criminal Liability of Government Officials and
Employees.
- The maximum penalties of the unlawful acts provided in
the Act shall be imposed, in addition to absolute perpetual
disqualification from any public office, if those found guilty
of such unlawful acts are government officials and
employees.
Section 29. Criminal Liability for Planting of Evidence
Any person who is found guilty of "planting" any
dangerous drug and/or controlled precursor and essential
chemical, regardless of quantity and purity, shall suffer the
maximum penalty.
Program for Treatment and Rehabilitation of Drug
Dependents
- A drug dependent or any person who violates Section 15
of this Act may, by himself/herself or through his/her
parent, spouse, guardian or relative within the fourth
degree of consanguinity or affinity, apply to the Board or
for treatment and rehabilitation of the drug dependency.
The Board shall bring forth the matter to the Court which
shall order that the applicant be examined for drug
dependency.
If the examination by a DOH-accredited physician results in
the issuance of a certification that the applicant is a drug
dependent, he/she shall be ordered by the Court to
undergo treatment and rehabilitation in a Center
designated by the Board for a period of not less than six (6)
months.
employee's privacy and dignity," and that employers are
not required to report positive test results to prosecutors. It
also found that "the intrusion into the employee's privacy...
is accompanied by proper safeguards, particularly against
embarrassing leakages of test results, and is relatively
minimal."
.In the case of students, the high court found
that drug testing was not only constitutional, but perhaps
even necessary. It noted the presence of drugs in the
country "that threatens the well-being of the people,
particularly the youth and school children who usually end
up as victims.

.Candidates for political office, however, may

Temporary Release From the Center; After-Care and
Follow-Up Treatment Under the Voluntary Submission
Program.
-Upon certification of the Center that the drug dependent
within the voluntary submission program may be
temporarily released, the Court shall order his/her release
on condition that said drug dependent shall report to the
DOH for after-care and follow-up treatment, including urine
testing, for a period not exceeding eighteen (18) months
under such terms and conditions that the Court may
impose.
Dangerous Drug Test Requirements
The following shall undergo mandatory drug
testing:
1. applicants for drivers license
2. applicants for Firearms license & PTCFOR
3. members of the PNP, AFP, & other LEA
4. All persons charged with criminal offense with penalty of
not less than 6 years.
5. All candidates for public office national/ local
The following shall undergo random drug testing:
1.students of secondary and tertiary schools;
2. officers and employees of public & private offices.
not be subjected to drug tests as condition of candidacy,
the court held. The drug law's provisions requiring testing
of candidates unconstitutionally added to the constitution's
provisions defining the qualification or eligibility of
candidates
.The court was equally kind to people charged with
criminal offenses, holding that they cannot be drug tested
because they might incriminate themselves and because
drug testing in their cases would not be random or
suspicionless. "To impose mandatory drug testing on the
accused is a blatant attempt to harness a medical test as a
tool for criminal prosecution, contrary to the objectives of
RA 9165 [the drug testing law]. Drug testing in this case
would violate a person's right to privacy guaranteed under
Section 2, Article III of the Constitution. Worse still, the
accused persons are veritably forced to incriminate
themselves
Responsibility and liability of law enforcement agencies in
testifying as Prosecution Witness in Dangerous Drug Cases
- Penalty- 12 years and 1 day to 20 years and a fine of not
less than Php 500,000.00 in addition to the administrative
liability.
- For any members of law enforcement agency who, after
due notice, fails or refuses intentionally or negligently to
appear as a witness for prosecution.

SUPREME COURT DECISIONS
The Philippines Supreme Court upheld
mandatory, random, suspicionless drug testing of workers
and high school and college students, but struck down as
unconstitutional provisions of the Comprehensive
Dangerous Drugs Act of 2002 that required drug tests for
candidates for political office or those charged with
criminal offenses.
the court noted that the law says the random
drug testing of employees "shall be undertaken under
conditions calculated to protect as much as possible the
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.
Non-applicability of the Probation Law for Drug Traffickers
and Pushers. cannot avail of the privilege granted by
Probation Law (PD 968, as amended).
NAPOLCOM MEMORANDUM CIRCULAR NO. 200003
Adopting Salient Provisions of PDEA Memorandum on the
preparation of pre-operation report and PNP-AIDSOTF
Memorandum Circular in the conduct of Anti-Illegal Drugs
Operations.
Pre-Operations
-Operating Unit to submit to PDEA, the pre-operations
report, indicating details such identity, area of operation,
composition, tactics and equipment of the operating unit
and duration of the operation. Also includes the
information on the suspect/s.
-Certification of Coordination prepared by PDEA given to
the operating unit which submitted a pre-operations
report.
Exemption of submission of Pre Operations Report:
1. In remote places where coordination is not possible;
2. When coordination will compromise the lives of police
operatives, informant and witnesses, involved in anti-drug
operations;
3. When coordination will prejudice the apprehension of
drug suspects and confiscation of dangerous drugs;
4. When prior coordination will compromise the entire
police operation.
(In above instances, post coordination shall be made in lieu
of prior coordination).
Signatories to the Pre-Operation Report
- signed by the Team Leader.
Conduct of Operation
- Team shall be led by a police commissioned officers
except in far flung areas where there are no assigned PCOs.
- To have at least 1 female member operative who shall be
responsible for arresting and frisking female suspects and
for taking custody of children found in the place of
operation.
VICES
Vice is any immoral conduct or habit, the indulgence of
which leads to depravity, wickedness and corruption of the
minds and the body.
Different Forms of Vices:
1) Drug addiction
2) Alcoholism
3) Prostitution
4) Gambling
ALCOHOLIC
-A person who has experienced physical, psychological,
social or occupational impairment as consequence of
habitual, excessive consumption of alcohol.
ALCOHOL ABUSE
-Use of ethyl alcohol or liquor in a quantity and with a
frequency that causes the individual significant
physiological, psychological, or sociological distress or
impairment.
ALCOHOLIC DEPENDENCE
-A chronic lost of control over the consumption of alcoholic
beverages despite obvious psychological or physical harm
to the person. Increasing amount are required overtime
and abrupt discontinuance may precipitate a withdrawal
symptoms.
ALCOHOLIC LIQUOR
-Any beverages or compound, whether distilled, fermented,
or otherwise, which will produce intoxication or which
contains in excess of one percent of alcohol and used as a
beverage.
DRUNKARD
- A person who habitually takes or use any intoxicating
alcohol liquor and while under the influence of such, or in
consequence of the effect thereof, is either dangerous to
himself or to others.
ALCOHOLISM which is also known as Alcohol
Dependence Syndrome is a disease characterized by the
following:
a) Craving strong need or compulsion to drink
b) Loss of Control frequent inability to stop drinking once
a person has begun to drink.
c) Physical Dependence The occurrence of withdrawal
symptoms, such as shakiness and anxiety when alcohol use
is stopped.
SOME PROBLEMS ARISING FROM ALCOHOLISM
a) Loss of employment which can lead to financial
problems;
b) Marital Conflict and contribute to domestic
violence;
c) Drinking at inappropriate times and behavior can
lead to legal consequences, such as public disorder (Alarm
and Scandal).
DRUNKNESS AS A CRIME
-In the Philippines, drunkenness in itself is not a crime
because a person may drink to excess in the privacy of his
home or in the party and commit no crime at all.
-It is only when a drunken person exhibits his condition
publicly, or disturbs, endangers, or injured others, that he
became an offender and therefore, subject to arrest and
punishment.
-Before and during elections, it is unlawful to sell or drink
intoxicating liquor, as provided in the election law.
-Under RA 4136, as amended, driving under the influence
of liquor is prohibited.
Under Article 15 of the Revised Penal Code, intoxication is
considered as an Alternative Circumstances.
- It is considered a mitigating circumstance when the
offender has committed a felony in a state of intoxication, if
the same is not habitual.
- It is considered an aggravating circumstance, when the
intoxication is habitual or intentional.
PROSTITUTION
-act or practice of providing sexual services to another
person in return for payment.
-is the exchange of money for the performance of sexual
act.
PROSTITUTE
-Customarily used, to refer to a female person who engages
in sex in exchange for money as profession.
PHILANDERING
-Is having casual/illicit sex with a number of people.
-It usually refers to men, and often in the context of
cheating on a wife or girlfriend.
TO PHILANDER
-Is to carry on romantic and/or sexual affairs outside a
committed relationship
PHILANDER
-Is a serial cheater who betrays his spouse or long term
partner repeatedly;
-The term usually refers to men (obviously, women have
also been known to carry on affairs).
VAGRANTS AND PROSTITUTES (under RPC)
-Any person having no apparent means of subsistence, who
has the physical ability to work and who neglects to apply
himself or herself to some lawful calling.
-Any person found loitering about public or semi-public
building or places, or tramping or wandering about the
country or to the streets without visible means of support.
-Any idle or dissolute person who lodges in houses of ill-
fame, ruffians or pimps and those who habitually associate
with prostitutes.
PROSTITUTES
women, who for money or profit, habitually indulge in
sexual intercourse or lascivious conduct.
Republic Act No. 10158
Signed last March 27, 2012, amended Article 202 of the
Revised Penal Code removing vagrancy from the country's
list of crimes amid concerns it only targets the poor and the
disadvantaged.
Although the poor or homeless people can no longer be
hauled to jail for vagrancy, the new law continued to
penalize women engaged in prostitution.
RA 10158, defined prostitutes as "women who for money
or profit, habitually indulge in sexual intercourse or
lascivious conduct."
A person found guilty of prostitution is punished by
imprisoned from one to 30 days or a fine not exceeding
P200.
In case of recidivism, they are punished by arresto mayor in
its medium period to prison correccional in its minimum
period or a fine ranging from P200 to P2,000, or both,
depending on the court.
With the enactment of the law, all pending vagrancy cases
meantime shall be dismissed and all persons serving
sentence for violating the vagrancy law shall immediately
be released.
RELATED LAWS ON THE PROTECTION OF WOMEN AND
CHILDREN
RA 7610, as amended, (Special Protection of children
against child abuse, exploitation and discrimination Act)
- Penalize those who engage in or promote, facilitate or
induce child prostitution, who commit the act of sexual
intercourse or lascivious conduct with a child exploited in
prostitution and who derived profit on advantage
therefrom, whether as a manager or owner of the
establishment.

-penalty of reclusion temporal in its medium period to
reclusion perpetua
GAMBLING
GAMBLING
-Wagering of money or something of material value on an
event with an uncertain outcome with the primary intent of
winning additional money and/or material goods.
ILLEGAL NUMBERS GAME
-Any form of illegal gambling activity which uses numbers
or combination as factors in giving out jackpots.
JUETENG
-Illegal numbers game that involves the combination of
numbers as a form of local lottery where bets are placed
and accepted per combination .
MASIAO
-Illegal numbers game where the winning combination is
derived from the results of the last game of Jai Alai or the
Special Llave portion
LAST TWO
-Illegal numbers game where the winning combination is
derived from the last two numbers of the first prize of the
winning Sweepstakes ticket.
BETTOR (Mananaya)
-Any person, who places bets for himself/herself or in
behalf of another person, other than the personnel or staff
of any illegal numbers game operation.
COLLECTOR or AGENT (Cabo, Cobrador)
-Any person who collects, solicits or produces bets in behalf
of his/her principal for any illegal numbers game who is
usually in possession of gambling paraphernalia
MAINTAINER, MANAGER OR OPERATOR
-Any person who maintains, manages, or operates any
illegal number game in a specific area.
FINANCIERS OR CAPITALIST
-Any person who finances the operations of any illegal
numbers game.
PROTECTOR OR CODDLER
-Any person who lends or provides protection, or receives
benefits in any manner in the operation of any illegal
numbers game.
RELATED LAWS ON GAMBLING
- Article 195 of RPC. Acts punishable in gambling any
person directly or indirectly take part in any game of
Monte, jueteng, other form of lottery, policy, banking or
percentage game, dog races or any other game the result
of which depends wholly upon a chance wherein wagers
consisting of money, articles of value, or representative of
value are made.
Article 195 of RPC. (Penalty)
-The penalty of arresto mayor or a fine not exceeding two
hundred pesos, and, in case of recidivism, the penalty of
arresto mayor or a fine ranging from two hundred or six
thousand pesos,
- The penalty of prision correccional in its maximum degree
shall be imposed upon the maintainer, conductor, or banker
in a game of jueteng or any similar game.
Article 196 (RPC). Penalizing any person who shall import
into the Philippine Islands from any foreign place or port
any lottery ticket or advertisement, or in connivance with
the importer, shall sell or distribute the same.
-The penalty of arresto mayor in its maximum period to
prision correccional in its minimum period or a fine ranging
from 200 to 2,000 pesos, or both, in the discretion of the
court
Article 197 (RPC). Betting in sports Contest Penalizing
any person who shall bet money or any object or article of
value or representative of value upon the result of any
boxing or other sports contest.
-The penalty of arresto menor or a fine not exceeding 200
pesos, or both,
Article 198 (RPC). Illegal betting on horse races
Penalizing any person who, except during the periods
allowed by law, shall bet on horse races.
- The penalty of arresto menor or a fine not exceeding 200
pesos, or both,
Article 199 (RPC). Illegal cockfighting
Penalizing any person who directly or indirectly participates
in cockfights, at a place other than a licensed cockpit.
- The penalty of arresto menor or a fine not exceeding 200
pesos, or both, in the discretion of the court
RA 3063 Approved June 17, 1961
authorizing licensed race tracks and racing clubs and their
authorized agent to offer, take or arrange bets outside the
place, enclosure of track where the races held.
Penalty - fine of not less than one thousand pesos not
more than two thousand pesos or by imprisonment for not
less than one month or more than six months, or both, in
the discretion of the court. If the offender is a partnership,
corporation or association, the criminal liability shall
devolve upon its president, director, or any other official
responsible for the violation.

PD 449 Cockfighting Law of 1974 Approved May 9,

1974.

PD 483 - Penalizing Betting, Game-fixing or point shaving

and Machinations in Sports Contents. Approved on June 13,
1974.

PD 1602 Approved June 11, 1978.

prescribing stiffer penalties on illegal gambling.

RA 9287 Approved 2, 2004

An Act increasing the penalties for illegal numbers games,
amending certain provisions of P.D. 1602, and for other
purposes.