QUEST REVIEW CENTER 1550 Espana Blvd. Cor. Lacson Ave., Sampaloc, Manila
NOTES ON CRIME DETECTION AND INVESTIGATION
CDI-5: 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 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 harmful when 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 user’s behavior. - Using drugs without prescription. - Abuse of drugs and other substances can lead to physical and psychological dependence. DRUGS COMMONLY ABUSED 1)
STIMULANT - Drug that excite the central nervous system, increasing alertness, decreasing fatigue, delaying sleep, also impale appetite and cause weight loss. a) Shabu a) Shabu – – street names, poor man’s cocaine, S, ice, Shabs, Ubas, bato, Siopao
Methamphetamine hydrochloride/SHABU - a type of amphetamine also known as “poor man’s cocaine”. Other names are Shabu, Ubas, Siopao, Sha and Ice. - Shabu is a white, odorless crystal or crystalline powder with a bitter numbing taste. b) Cocaine – Cocaine – an agent that produces a temporary increase of the functional activity or efficiency of an Organism or any of its parts. Street names – names – Coke, Coke, Snow, Flake, Bow Cocaine Cocaine - is a drug from the leaves of the Coca plant, a shrub that originated in South America. This This drug affects affects the central nervous nervous system as a stimulant. 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) Opiates/Narcotic - 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. Narcotic – Narcotic – substance substance that lessens pain and/or induces stupor. 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, poppy, Papaver somniferum, 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 – 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.
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Morphine can usually be found in tablet form, a syrup, 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 – Heroin – is 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. 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 system. - e.g. Valium
upon the central nervous
5) Inhalants - drugs whose volatile vapors are taken in via the nose and trachea. - includes solvents, bases and aerosol, rugby, gasoline, hair spray, lighter fluid and air freshener 5) Opiates/Narcotics 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. Opium - refers to the coagulated juice of the opium poppy (Papaver Somniferum L.) and embraces every kind, class and character of opium, whether crude or prepared; the ashes or refuse of the same. OTHER DANGEROUS DRUGS Methylenedioxymethamphetamine (MDMA) or commonly known as "Ecstasy ", "XTC", "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. -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. Amphetamines -is a psychostimulant drug of the phenethylamine class that produces increased wakefulness and focus in association with decreased fatigue and appetite. – Drug that is 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. THREAPEUTICS -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, who 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 - 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 maladoptive, 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 government’s 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 Pres cription of Dangerous D rug s . – 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.
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. 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 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 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. 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 Sgned 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 Contents. Approved on June 13, 1974.
PD 1602 – Approved June 11, 1978. prescribing stiffer penalties on illegal gambling.
and Machinations in Sports
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.
