CDI Vice and Drugs Education and Control
CDI Vice and Drugs Education and Control
CDI Vice and Drugs Education and Control
DRUG EDUCATION
AND CONTROL
Desired Competencies:
1. Describe and explain the nature, effects, causes, ethical and moral issues, legal
provisions, and jurisprudence of Vices such as but not limited to: smoking; drinking
alcoholic liquor; gambling; prostitution; and other vices;
2. Apply the procedures and/or legal provisions of drug operations by PNP, PDEA, NBI,
and Customs: Surveillance operation; Information gathering and Collection, Drug
Intelligence and Investigation; raid, buy-bust operation, arrest, detention, search;
rights of persons; chain of custody of seized drugs; evidence required in the filing and
successful prosecution of illegal drug-related violations; and
3. Implement the salient provisions of the Dangerous Drugs Law, other relevant and
related laws, relevant issuances of the President, Dangerous Drugs Board and other
law enforcement agencies. Including drug rehabilitation programs and a National
strategy against drugs and other prohibited substances.
DRUGS
Drugs
- chemical substance used as medicine or in the making of medicines, which affects the body and
mind and have potential for abuse
Chemical
- any substance taken into the body that alters the way and the mind and the body work
Drug Dependence
- the periodic, continuous, repeated administration of a drug
• Physical Dependence – an adaptive state caused by repeated drug use that reveals itself by
development of intense physical symptoms when the drug is stopped
• Psychological Dependence – an attachment to drug use that arises from a drug ability to
satisfy some emotional or personality needs of an individual
- sometimes called drug addiction
- defined by basic three characteristics:
1. The users continue to take a drug over an extended period of time.
2. The users find it difficult to stop using the drug.
3. The users stop taking their drug – only if their supply of the drug is cut off, or if they are forced
to quit for any reason – they will undergo painful physical or mental distress.
Drug Jargons
• “A Bag” - a pocket of drug • “On-the-Nod/ “Nodding” - state
• “A Fix” - one injection of opiate produced by opiates like being
• “A Hit” - injection of drugs suspended on the edge of sleep
• “Acid Head” - LSD user • “Opiate” - Narcotic
• “Acid” - slang term for LSD • “Overdose” - death occurs because part
• “Coke” - street slang for cocaine brain that controls breathing is paralyzed
• “Cold Turkey” - withdrawal effect • “Roach” - butt end of a joint
• “Drop” - taking drug orally • “Rush” - the beginning of a high
• “Flashback” - user is thrown back into the • “Skin popping” - to inject a drug under
drug experience months after original the skin
drug use • “Speed Freaks” - amphetamine addicts
• “Head” - drug user • “Speed” - Amphetamines
• “High” - under the influence of drugs • “Stoned” - the intoxicating effect of a drug
• “Joint” - an MJ Cigar • “Track” - scars on the skin left from the
• “Juni” - Heroin repeated injection of opiate
• “Junkie” - an opiate addict • “Trip” - reaction that is caused by drugs
• “Mainline’/ “to shoot” - injecting drug into • “Uppers” - street slang for amphetamines
the vein • “Work” - apparatus for injecting a drug
Other Terms
• Prescriptive Drugs - drugs requiring written authorization from a doctor to allow a purchase
• Over - the Counter - Drugs (OTC) - non-prescription medicines which may be purchased from any
pharmacy or drugstore without written authorization from a doctor
Doses
• Minimal dose – amount needed to treat or heal, that is, the smallest amount of a drug that will
produce a therapeutic effect.
2
• Maximal dose – largest amount of a drug that will produce a desired therapeutic effect, without any
accompanying symptoms of toxicity
• Toxic dose – amount of d rug that produces untoward effects or symptoms of poisoning
• Abusive dose – amount needed to produce the side effects and action desired by an individual who
improperly uses it
• Lethal dose – amount of drug that will cause death
Drug Administration
• Oral – this is the safest most convenient and economical route whenever possible.
• Injection – this form of drug administration makes use of a needle or other device to deliver the
drugs directly into the body tissue and blood circulation.
• Inhalation – this route makes use of gaseous and volatile drugs, which are inhaled and absorbed
rapidly through the mucous of the respiratory tract.
• Topical – this refers to the application of drugs directly to a body site such as the skin and the
mucous membrane.
• Iontophoresis – the introduction of drugs into the deeper layers of the skin by the use of special
type of electric current for local effect.
Effects of drugs
• Overdose – when too much of a drug in taken, there may be an over extension of its effects.
• Allergy – some drugs cause the release of histamine giving rise to allergic symptoms such as
dermatitis, swelling, fall in blood pressure, suffocation and death.
• Idiosyncrasy – abnormal, physical reaction to the drug; for unexplained reasons, morphine, which
sedates all men, stimulates and renders some women some maniacal.
• General Protoplasmic Poison Property – drugs are chemicals and some of them have the property
of being general protoplasmic poisons (kills cells).
• Side Effects – some drugs are not receptors for one organ but receptors of other organs as well.
The effect in the other organ may constitute a side effect, which is unwanted
Types of Medicine
• Analgesics - relieve pain
• Antibiotics - combat or control infectious organisms
• Antipyretics - can lower body temperature or fever due to infection
• Antihistamines - control or combat allergic reactions
• Contraceptives - prevent the meeting of the egg cell and sperm cell or prevent the ovary from
releasing egg cells
• Decongestants - relieve congestion of the nasal passages
• Expectorants - ease the expulsion of mucus and phlegm from the lungs and the throat
• Laxatives - stimulate defecation and encourage bowel movement
• Sedatives/Tranquilizers - calm and quiet the nerves and relieve anxiety without causing depression
and clouding of the mind
• Vitamins - food substances necessary for normal growth and development and proper functioning
of the body
3
- derived from the name Hasan or Hashasin, the Muslim cult leader who fed his
disciples a preparation made from the resin of the female hemp plant as a reward
for their successful activities in assassinations
• Opium
- Papaver Somniferum
- cultivated and prepared by the Summerians
- Hippocrates prescribed the juice of the white poppy plant in the belief that it can cure many
illnesses both in the internal and external use
- first harvested in Mesopotamia
• Opium Trade Monopoly – the traffic that developed in the 18th and 19th centuries in
which Great Britain exported opium grown in India and sold it to China
• Emperor Yung Chen – prohibited the smoking of opium and attempted to close ports
for its importation
• Opium War of 1840 – induced China to accept the British sponsored opium trade and
forced to sign a treaty permitting the importation of opium intro China after their
defeat.
• Morphine
- the first derivative of opium
- discovered by German pharmacist Friedrich W. Serturner on 1806
- the first attempt to cure opium addiction
Soldiers Disease – American soldiers during the American Civil became addicted to the
drug
• Heroin
- Diacetylmorphine
- discovered by British chemist Alder Wright on 1896
- the second attempt of treating opium and morphine addiction
- called the “miracle drug” because it is believed that it can cure both opium and morphine
addiction
DRUG TRAFFICKNG
Drug Trafficking
- also known as Illegal Drug Trade
4
- a global market activity consisting of production, distribution, packaging and sale of illegal
psychoactive substances
- involves smuggling across borders and distribution within the demand country.
• Spain
- major transshipment point for international drug traffickers in Europe
- “the paradise of drug users in Europe”
• Middle East, Beqaa Valley of Lebanon
- biggest producer of cannabis in the Middle East
- transit country for cocaine from South America to European markets
• South America
- Columbia, Peru, Uruguay, and Panama are the sources of all cocaine supply in the world
• Morocco
- number one producer of cannabis in the world (2003 to 2006)
• South America
- Columbia, Peru, Uruguay, and Panama are the sources of all cocaine supply in the world
• Morocco
- number one producer of cannabis in the world (2003 to 2006)
• India
- center of the world’s drug map, leading to rapid addiction among its people
• Philippines
- major transshipment point for the worldwide distribution of illegal drugs such as shabu and
cocaine
- the second world’s supplier of MJ; paradise of drug abusers in Asia
• Indonesia
- Northern Sumatra as main cannabis growing area in Indonesia
- Bali Indonesia - important transit point for drugs en route to Australia and New Zealand
• Singapore, Malaysia, and Thailand
- most favorable sites of drug distribution from the “Golden Triangle” and other parts of Asia
• China
- transit route for heroin from “Golden Triangle” to Hong Kong
• Hong Kong
- world’s transshipment points of all forms of heroin
• Japan
- major consumer of cocaine and shabu from U. S. and Europe
Three of world's most powerful drug syndicates have been smuggling shabu into the country:
1. Taiwan-based United Bamboo Gang or Bamboo Triad
2. 14K Triad or Hong Kong Triad
3. China-based Sun Yee On Triad
5
DANGEROUS DRUGS
According to Effects
1. Depressants – drugs that has the effect of depressing he central nervous system
2. Stimulants – drugs having the effect of stimulating the central nervous system
3. Hallucinogens – drugs that are considered to be mind altering and gives general effect of mood
distortion
- sometimes known as “all rounder's” and “mind expanders”
Depressants
• Opium
- Papaver Somniferum
- known to be cultivated in lower Mesopotamia long ago as 3400 BC
- “Poppy Tears” as an emollient for painful joints and anal crevices, in anodynes pills
promoting relief of pain through sleep
6
• Morphine
- most commonly used and best used opiate
- a raw opium named after Morpheus, Greek god of sleep
- also called as Pectoral Syrup and Sweet Morpheous
- effective as a painkiller six times potent than opium, with a high dependence-producing
potential
- exerts action characterized by analgesia, drowsiness, mood changes, and mental clouding
• Heroin
- three to five times more powerful than morphine from which it is derived
- the most addicting opium derivative
- derived from the word HERO since it suggests courage, daring and impressive power
- also known as smack, horse, brown sugar, junk, mud, bid H, Hab Tar
• Codeine
- Methylmorphine
- a derivative of morphine, commonly available in cough preparations
- withdrawal symptoms are less severe than other drugs.
- used to decrease pain by increasing the threshold for pain
• Paregoric
- a tincture of opium in combination with camphor
- commonly used as a household remedy for diarrhea and abdominal pain
• Demerol and Methadone
- common synthetic drugs with morphine – like effects
- Demerol is widely used as a painkiller in childbirth
- Methadone is the drug of choice in the withdrawal treatment of heroin dependents since it
relieves the physical craving for heroin
• Barbiturates
- used for inducing sleep in persons plagued with anxiety, mental stress, and insomnia
- treats epilepsy and hypertension
Commonly Abused Barbiturates:
a. Pentobarbital Sodium – it is a solid yellow capsule form known by abusers as Yellow
Jackets or Nimies.
b. Secobarbital Sodium – it is a red capsule form known by abusers as Reds, Red Birds,
Red Devil and Seggy.
c. Amobarbital Sodium – it is a blue capsule form known by abusers as Blue Birds, Blue
Devil and Blue Heavens.
d. Amobarbital Sodium combined with Secobarbital Sodium – it is red and blue capsule
form known as Rainbows, Red & Blue and Double Trouble
• Volatile Solvents
- also known as Deliriants
- gaseous substances popularly known to abusers as “gas”, “teardrops”
- examples are plastic glues, hair spray, finger nail polish, lighter fluid, rugby, paint, thinner,
acetone, turpentine gasoline, kerosene, varnishes and other aerosol products
• Alcohol
- the king of all drugs with potential for abuse
- most widely used, socially accepted and most extensively legalized drug throughout the
world
- in medicine, it is “valuable” as disinfectant, as an external remedy for reducing high fever
among children, and as preservative and solvent for pharmaceutical preparations like elixirs,
spirits and tincture
Stimulants
• Amphetamines
- used medically for weight reducing in obesity, relief of mild depression and treatment
• Cocaine
- structured in 1814 from Brazilian Coca Leaves (Erythroxylon Coca)
- medically used in tropical, local and anesthetic
7
- odorless white crystalline powder also known as Coke, Snow, Flake, White, Blow, Nose,
Candy, Snowbird, Lady and Big C
- most popularly known as King’s Habit because it is expensive
- taken orally, injected or sniffed as to achieve euphoria or an intense feeling of “highness”
- can be also applied to sex organ during sexual intercourse
- Alexander Bennet discovered its first medical use in 1873 as anesthetic
Kinds of Cocaine
a. Cocaine Hydrochloric – odorless fine white crystalline that is most readily available
formed which is medically used as anesthetic.
b. Street or Rock – large pieces of cocaine hydrochloride.
c. Free Base – purified substance of rocks that is strongly addictive cocaine.
d. Coca Paste – crude product smoke used in South America, considered as the most
dangerous drug because it has contaminants such as kerosene.
• Caffeine
- present in coffee, tea, chocolate, cola drinks, and some wake-up pills
8
- causes perceptual changes that makes user sees colors, shapes, or objects more intensely
than normal and may have hallucinations of things that are not real
- users perceive distortion of time, colors, sounds and depth
- experience “scent” music and sounds in “colors”.
• Peyote
- derived from the surface part of a small gray brown cactus
- emits a nauseating odor and its user suffers from nausea
- causes no physical dependence and, therefore, no withdrawal symptoms, although in some
cases psychological dependence has been noted.
• Mescaline
- trimethoxyphenethyiomine
- alkaloid hallucinogen extracted from the peyote cactus and can also be synthesized in the
laboratory
- also known as buttons, cactus, mesc
- produces less nausea than peyote and shows effects resembling those of LSD although
milder in nature
- optical hallucinations follow one upon another in rapid succession accompanied by
imperfect coordination and perception with a sensation of impeded motion, and a marked
sense that time is still standing
• STP
- chemical derivative of mescaline claimed to produce more violent
- has longer effects than mescaline dose
- less potent than LSD
• Psilocybin
- hallucinogenic alkaloid from small Mexican mushrooms used by Mexican Indians
- known as Magic Mushroom that is used in Indian rites
- induce nausea, muscular relaxation, mood changes with visions of bright colors and shapes,
and other hallucinations
- may be followed by depressions, laziness, and complete loss of time and space perceptions
• Morning Glory Seeds
- black and brown seeds of the wild tropical morning glory
- sold under the names of “heavenly blues”, “flying dancers’, and “pearly gates”
- effect is prolonged psychosis
• Ecstasy
- a designer drug, also known Party Drug or X
- synthetic drug that alters mood and perception
- initially popular in the nightclub scene and at all-night dance parties ("raves"), but now
commonly called “Molly”
• Ketamine
- chemical name is Ketamine Hydrocholoride
- used as human anesthetics; general anesthetic for children, people of poor health and
veterinary medicine
- lower dosage will cause mild creamy feeling of numbness and extremities
- high dosage will produce hallucinogenic effect and may cause the user very far from his
body.
- experience will be called entering “K” hole
9
Amphetamines Loss of appetite, anxiety, Pills of varying, possible Disorientation, severe
(pep pills, speed, irritability, rapid speech, chain of smoking, long depression, paranila,
dexies, ups, bunnies, tumors mood, elevation period w/out rests or possible hallucinations,
drivers, crossroad, sleep increased blood pressure,
footballs, co-pilot, eye fatigue
opener)
Hallucinogens Alternation of moods and Capsule of varying longer Rigidity, painful muscle
(LSD, MDA, PCR, perception, possible periods of rash sleep, contraction, emotional
peyote, psilocybin, paranoia, panic anxiety dizziness, cold and clumsy instability, death from
acid cubes, skin possible overdose esp.
micbrodots, when mixed with alcohol
mescaline)
Solvent/rugby Euphoria headaches, Odor of substance in Damage to lungs, liver,
(gasoline/ glue) nausea, fainting stupor, clothing, intoxication, kidneys, bone marrow,
rapid heart beat drowsiness, poor suffocation, choking,
muscular control anemia, possible stroke or
sudden death.
Heroin Intensitivity to pain, Glass in envelops needles Allergy w/ loss hepatitis,
(fit fun) euphoria, sedation, and syringe capsule or slow and shallow
Morphine vomiting, itchiness, watery spoons tourniquet, breathing possible death
(M., Monkey dreamer, eyes, running nose needle mark on hands when combined w/
morpho, tabcubes, barbiturates
opium)
Codeine
(little D)
DRUG ADDICTION
Addiction – an activity enjoyed by a person but with repeated use and higher amounts to achieve a similar
“high” than can become life-threatening for the person’s level of work and life responsibilities
Drug Addiction
- a state of mind in which a person has lost the power of self-control in respect of a drug
- he consumes the drug repeatedly leaving aside all values of life
10
• Dependence – the altered physiological state brought about by the repeated administration of the
drug, which necessitates the continued use of the drug to avoid withdrawal syndrome.
Definition of Terms
Administer
- 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
- act of indispensable assistance to a person in administering a dangerous drug to himself/herself
unless administered by a duly licensed practitioner for purposes of medication
Use
- act of injecting, intravenously or intramuscularly, of consuming, either by chewing, smoking,
sniffing, eating, swallowing, drinking or otherwise introducing into the physiological system of the
body, and of the dangerous drugs
Dispense
- act of giving away, selling or distributing medicine or any dangerous drug with or without the use
of prescription
Sell
- act of giving away any dangerous drug and/or controlled precursor and essential chemical whether
for money or any other consideration
Chemical Diversion
- sale, distribution, supply, transport of legitimately imported, in-transit, manufactured or procured
controlled precursors and essential chemicals, in diluted, mixtures or concentrated form
- to any person or entity engaged in the manufacture of any dangerous drug
- shall include packaging, repackaging, labeling, relabeling or concealment of such transaction
through fraud, destruction of documents, fraudulent use of permits, misdeclaration, use of front
companies or mail fraud
Clandestine Laboratory
- any facility used for the illegal manufacture of any dangerous drug and/or controlled precursor and
essential chemical
Den, Dive or Resort
11
- a place where any dangerous drug and/or controlled precursor and essential chemical is
administered, delivered, stored for illegal purposes, distributed, sold or used in any form
Controlled Delivery
- the investigative technique of allowing an unlawful or suspect consignment of any dangerous drug
and/or controlled precursor and essential chemical, equipment or paraphernalia, or property
believed to be derived directly or indirectly from any offense
- to pass into, through or out of the country under the supervision of an authorized officer
- with a view to gathering evidence to identify any person involved in any dangerous drugs related
offense, or to facilitate prosecution of that offense.
Protector/Coddler
- any person who knowingly and willfully consents to the unlawful acts 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
Financier
- any person who pays for, raises or supplies money for, or underwrites any of the illegal activities
Illegal Trafficking
- the illegal cultivation, culture, delivery, administration, dispensation, manufacture, sale, trading,
transportation, distribution, importation, exportation and possession of any dangerous drug and/or
controlled precursor and essential chemical
Drug Syndicate
- any organized group of two (2) or more persons forming or joining together with the intention of
committing any offense under RA 9165
Punishable Acts:
• Sec 4 - Importation of Dangerous Drugs and/or Controlled Precursors and Essential Chemicals
• Sec 5 - Sale, Trading, Administration, Dispensation, Delivery, Distribution and Transportation of
Dangerous Drugs and/or Controlled Precursors and Essential Chemicals
• Sec 6 - Maintenance of a Den, Dive or Resort
• Sec 7 - Employees and Visitors of a Den, Dive or Resort.
• Sec 8 - Manufacture of Dangerous Drugs and/or Controlled Precursors and Essential Chemicals
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
Aggravating Circumstance:
a. Any phase of the manufacturing process was conducted in the presence or with the help of
minor
b. Any phase or manufacturing process was established or undertaken within 100 meters of a
residential, business, church or school premises
c. Any clandestine laboratory was secured or protected with booby traps
d. Any clandestine laboratory was concealed with legitimate business operations
e. Any employment of a practitioner, chemical engineer, public official or foreigner
• Sec 9 - Illegal Chemical Diversion of Controlled Precursors and Essential Chemicals
• Sec 10 - Manufacture or Delivery of Equipment, Instrument, Apparatus, and Other Paraphernalia
for Dangerous Drugs and/or Controlled Precursors and Essential Chemicals
• Sec 11 - Possession of Dangerous Drugs
Life Imprisonment (500, 000 – 10M)
1. 10 grams or more of:
a. Opium
b. Morphine
c. Heroin
d. cocaine or cocaine hydrochloride
e. marijuana resin or marijuana resin oil
f. methylenedioxymethamphetamine (MDMA) or
g. lysergic acid diethylamine (LSD)
2. 50 grams or more of methamphetamine hydrochloride or “shabu”
12
3. 500 grams or more of marijuana
• Sec 12 - Possession of Equipment, Instrument, Apparatus and Other Paraphernalia for Dangerous
Drugs
• Sec 13 - Possession of Dangerous Drugs During Parties, Social Gatherings or Meetings
• Sec 14 - Possession of Equipment, Instrument, Apparatus and Other Paraphernalia for Dangerous
Drugs During Parties, Social Gatherings or Meetings
• Sec 15 - Use of Dangerous Drugs
Use of Dangerous Drugs
• First offense - minimum of 6 months rehabilitation
• Second time - 6 years and 1 day to 12 years and a fine ranging from P50,000.00 – P200,000
• Section 15 shall not be applicable where the person tested is also found to have in his possession
such quantity of any dangerous drug, Section 11 applies
• Sec 18 - Unnecessary Prescription of Dangerous Drugs
- practitioners 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
• Sec 19 - Unlawful Prescription of Dangerous Drugs
- 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
• Sec. 21. Custody and Disposition of Confiscated, Seized, and/or Surrendered Dangerous Drugs,
Plant Sources of Dangerous Drugs, Controlled Precursors and Essential Chemicals, Instruments/
Paraphernalia and/or Laboratory Equipment
PDEA - shall take charge and have custody of all dangerous drugs, instruments, paraphernalia, or
laboratory equipment so confiscated, seized or surrendered
1. The apprehending team having initial custody and control shall:
- conduct a physical inventory of the seized items and photograph the same
- immediately after seizure and confiscation
- in the presence of the accused or the person/s from whom such items were confiscated
and/or seized, or his/her representative or counsel, with an elected public official and
a representative of the National Prosecution Service or the media who shall be required
to sign the copies of the inventory and be given a copy
- conducted at the place where the search warrant is served
- in case of warrantless seizures - at the nearest police station or at the nearest office of
the apprehending team, whichever is practicable
Note:
a. noncompliance of these requirements under justifiable grounds shall not render
void and invalid such seizures and custody over said items
b. as long as the integrity and the evidentiary value of the seized items are properly
preserved by the apprehending team
2. Within 24 hours upon confiscation
- shall be submitted to the PDEA Forensic Laboratory for a qualitative and quantitative
examination
3. Certification of the forensic laboratory examination results shall be issued immediately upon
the receipt of the subject items
- if the volume does not allow the completion of testing within the time frame - a partial
laboratory examination report shall be provisionally issued stating therein the
quantities of dangerous drugs still to be examined by the forensic laboratory
4. After the filing of the criminal case
- within 72 hours - Court shall conduct an ocular inspection
- within 24 hours - PDEA shall proceed with the destruction or burning of the same
- in the presence of the accused or the persons from whom such items were confiscated
or seized
- or his representative or counsel, a representative from the media and the Department
of Justice, civil society groups and any elected public official
13
5. Board shall then issue a sworn certification as to the fact of destruction or burning of the subject
items
- submitted to the court having jurisdiction over the case
- together with the representative samples in the custody of the PDEA
- samples shall be kept to a minimum quantity
6. The alleged offender or his representative or counsel shall be allowed to personally observe all
of the above proceedings
- his presence shall not constitute an admission of guilt
7. After the promulgation and judgment in the criminal case wherein the representative samples
was presented as evidence in court
- trial prosecutor shall inform the Board of the final termination of the case and
- shall request the court for leave to turn over the said representative samples to the
PDEA for proper disposition and destruction within 24 hours from receipt of the same
• Sec 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
• Plea Bargaining - accused and the prosecutor in a criminal case work out a mutually
satisfactory disposition of the case subject to court approval
Note: Salvador Estipona vs. Judge Lobrigo (En Banc), G.R. No. 226679, August 15, 2017
- considered this section as unconstitutional
• SEC. 24. Non-Applicability of the Probation Law
- to any person convicted for drug trafficking or pushing
• Sec 25 - Commission of a Crime by an Offender under the Influence of Dangerous Drugs
- a positive finding for the use of dangerous drugs shall be a qualifying aggravating
circumstance
• Sec. 33. Immunity from Prosecution and Punishment
- any person who has violated Sections 7, 11, 12, 14, 15 and 19, Article II
- who voluntarily gives information about any violation of Sections 4, 5, 6, 8, 10, 13 and 16,
Article II
- as well as any violation of the offenses mentioned if committed by a drug syndicate, or any
information leading to the whereabouts, identities and arrest of all of any of the members
thereof
- willingly testifies against such persons
- shall be exempted from prosecution or punishment for the offense with reference to which
his information of testimony were given
The following conditions must concur:
1. The information and testimony are necessary for the conviction of the persons
described above
2. Such information and testimony are not yet in the possession of the State
3. Such information and testimony can be corroborated on its material points
4. The informant or witness has not been previously convicted of a crime involving
moral turpitude, except when there is no other direct evidence available for the State
other than the information and testimony of said informant or witness
5. The informant or witness shall strictly and faithfully comply without delay, any
condition or undertaking, reduced into writing, lawfully imposed by the State
Note:
a. Immunity may be enjoyed by one who does not appear to be most guilty for the offense
b. There is must be no direct evidence available for the State except for the information and
testimony of the said informant or witness
c. Shall not attach – if the information or testimony is false, malicious or made only for the
purpose of harassing, molesting or in any way prejudicing
d. In case he fails or refuses to testify without just cause, and when lawfully obliged to do so,
or should he violate any condition - immunity shall be removed
e. In case the informant or witness referred to under this Act falls under the applicability of
this Section – he cannot avail of the provisions under Article VIII – Voluntary Submission
14
• Sec. 54 - Voluntary Submission of a Drug Dependent to Confinement, Treatment and Rehabilitation
Who may avail:
1. A drug dependent
2. Any person who violates Section 15
- by himself or through his parent, spouse, guardian or relative within the fourth
degree of consanguinity or affinity
- apply to the Board for treatment and rehabilitation of the drug dependency
- applicant be examined for drug dependency
- If positive - he shall be ordered to undergo treatment and rehabilitation
- confinement shall not exceed 1 year
• Sec. 55
- a drug dependent who is finally discharged from confinement
- shall be exempt from the criminal liability under Section 15
Subject to the following conditions
1. He has complied with the rules and including the after-care and follow-up program for
at least 18 months following temporary discharge from confinement
2. He has never been charged or convicted of any offense punishable under this Act,
Republic Act No. 6425, the Revised Penal Code or any special penal laws
3. He has no record of escape
- had he escaped, he surrendered by himself within 1 week from the date of the
said escape
4. He poses no serious danger to himself, his family or the community
• Sec. 58
- a drug dependent, who is not rehabilitated after the second commitment
- shall be charged for violation of Section 15 and prosecuted like any other offender
- if convicted the period of confinement will be credited to his service of sentence
• Sec. 62
- if a person charged with an offense where the imposable penalty is imprisonment of less
than 6 years and 1 day
- found to be a drug dependent
- he shall be compulsorily submitted to treatment and rehabilitation
• Sec. 66
- an accused who is over 15 years of age at the time of the commission of the offense
mentioned in Section 11 but, not more than 18 years of age at the time when judgment
should have been promulgated after having been found guilty of said offense
- may be given the benefits of a suspended sentence
- shall be under the supervision and rehabilitative surveillance of the Board
- for a period ranging from 6 months to 18 months
- in the case of minors under 15 years of age at the time of the commission of any offense -
Presidential Decree No. 603 shall apply
• Sec. 70
- upon promulgation of the sentence
- the court may place the accused under probation or impose community extension
15
Philippine Drug Enforcement Agency (PDEA)
- the implementing arm of the DDB and responsible for the efficient and effective law enforcement
of all the provisions on any dangerous drugs and/ or precursors and essential chemicals.
Composition
• Head: Director General – appointed by the President
• Assisted By: 2 Deputies Director General (one for Admin, another for Opns) – appointed by the
President
Note:
• Confirmatory test – an analytical test using a devise, tool or equipment with a different chemical or
physical principle that is more specific, which validate and confirm the result of the screening test
• Mandatory Drug Test – drug test required or commanded by the authority to the PNP personnel in
some instances, such as schooling, promotion, etc., in order to detect the use of illegal or
dangerous drugs
• Random Drug Test – drug test conducted to PNP personnel without specific pattern, plan or order
to detect the use of illegal or dangerous drugs
DRUG OPERATIONS
Operational Plans against the Drug Problem
• Oplan Thunderbolt I –operation to create impact to the underworld
• Oplan Thunderbolt II –operations to neutralize suspected illegal drug laboratories
• Oplan Thunderbolt III – Operations for the neutralization of big-time drug pushers’ drug dealers
and drug lords.
• Oplan Iceberg – Special operations team in selected drug prone areas in order to get rid of illegal
drug activities in the area.
• Oplan Hunter – operations against suspected military and police personnel who are engage in
illegal drug activities.
• Oplan Mercurion – Operations against drug stores, which are violating existing regulations on the
scale of regulated drugs in coordination with the DDB, DOH and BFAD.
• Oplan Tornado – Operations in drug notorious and high profile places.
• Oplan Greengold – nationwide MJ eradication operations in coordination with the local
governments and NGO’s.
• Oplan Sagip-Yagit – A civic program initiated by NGO’s and local government offices to help
eradicate drug syndicates involving street children as drug conduit.
• Oplan Banat – the newest operational plan against drug abuse focused in the barangay level in
cooperation with barangay officials.
• Oplan Athena – operation conducted to neutralize the 14k, the Bamboo gang and other local
organized crimes groups involved in illegal drug trafficking.
• Oplan Cyclops – operations against Chinese triad members involved in the illegal drug operations
particularly Methamphetamine Hydrochloride.
• Barkada Kontra Droga - is a peer-based program designed as a preventive education and
information strategy to counter the dangers and disastrous effects of drug abuse. It aims to
empower individuals to be catalysts within their peer groups in advocating healthy, drug-free
lifestyles through involvement in various wholesome activities.
Note:
a. IDADIN - Integrated Drug Abuse Data and Information Network - an online drug data pooling
and collection system that allows better management and assessment of the over-all drug
demand and supply reduction efforts undertaken by the government.
b. DDB-DIAL - (DDB Drug Information Action Line) - an action center created to receive reports and
complaints related to drug abuse as well as to provide relevant information and assistance to the
public.
16
c. KID Listo - is a mascot created to stand as an icon or representation of the drug abuse prevention
program. KID means Kalaban ng Ilegal na Droga. It was brought to different schools and
communities all over the country to promote the anti-drug advocacy.
Drug Operations
Buy-Bust Operations
- It is a form of entrapment employed by peace officers as an effective way of apprehending a
criminal in the act of the commission of the offense.
Search Warrant
- an order in writing issued in the name of the People of the Philippines, signed by a judge and
directed to a peace officer, commanding him to search for personal property described therein
and bring it before the court.
Marijuana eradication
- involves the location and destruction of marijuana plantations, including the identification, arrest
and prosecution of the planter, owner or cultivator, and the escheating of the land where the
plantations are located
Controlled Delivery
- the technique of allowing illicit or suspect consignment of narcotic drugs, psychotropic substances
or substances substituted for them to pass out of, through or into the territory of one or more
countries, with the knowledge and under the supervision of their competent authorities with a view
to identifying persons involved in the commission of drug related offenses
Undercover operation
- an investigative technique in which the personnel involve assumes different identities in order to
obtain the necessary information.
17
- peer or group counseling
VICE CONTROL
Alcohol
- one of the oldest intoxicants known to man
- a colorless, tasteless clear liquid, which gives a burning sensation to the mouth, esophagus and
stomach
- toxic and can poison the human body if taken in large amounts or in combination with other drugs
Alcohol Dependent – drinks to have good time, excessive drinking occurs occasionally but drinker may not
become alcoholic.
Alcoholic – has lost control of his use of alcohol. Alcohol assumes primary goal in his life, even to the
exclusion of physical health and interests of family and society in general.
Alcohol Dependence
- commonly referred to as Alcoholism (problem drinking)
- the stage when a person has the difficulty of quitting from the habit of alcohol drinking
Drunkard – a person who habitually takes or uses any intoxicating alcoholic liquor and while under the
influence of such, or in consequence of the effect thereof, is either dangerous to himself and to others, or
is a cause of harm or serious annoyance to his family or his affair, or ordinary proper conduct.
Habitual drunkard –one who excessively uses intoxicating drink - habit should be actual and confirmed, but
it is not necessary that it be continuous or of daily occurrence.
18
Common Alcoholic Drinks
• Beers – contain 2-6% alcohol
Example: beer, ale, stout
• Wines – contain about 10% alcohol
Example: champagne, hock
• Fortified Wines – liquors that contain 10-20% alcohol
Example: port-sherry
• Spirits – liquors that contain 40-60% alcohol
Example: whiskey, brandy, rum, gins
Types of Drinkers
• Occasional Drinker – drinks on special occasions or uses alcohol as a home remedy, takes only a
few drinks per year.
• Frequent Drinker – drinks at parties and social affairs. Intake of alcohol may be once a week or
occasionally reaches three or four times per week, uses beverages to release inhibitions and
tensions.
• Regular Drinker – may drink daily or consistently on weekends, usually comes from cultural
background where wine or beer is used with meals to enhance the flavor of the food.
Degree of Intoxication
• Slight inebriation – flushing of the face, with exaggerated mood but person able to control
hisbehavior
• Moderate inebriation – person talkative, argumentative and over-confident; shows motor
incoordination
• Drunk – mind is confused, behavior is irregular and movement is uncontrolled
• Very drunk – dead drunk; mind confused and disoriented. Difficulty in speech and marked motor
incoordination
• Coma – subject stuporous or comatose
Presumptive limits of intoxication
(based on the AMA and National Safety Council of the USA)
1. Blood alcohol level of 0.05% or less - uninfluenced by an alcohol
2. Blood alcohol level from 0.05% - 0.10% - possibly under the influence of alcohol
3. Blood alcohol level from 0.10% - 0.15% - presumed to be drunk
Tobacco
- scientifically known as Nicotiana Tabacum, a plant grown for its leaves, which are smoked, chewed
or sniffed for a variety of effects
- contains the addictive chemical “Nicotine”
Tobacco Chemicals
• Nicotine – most important active ingredient in controlled doses and is an extremely toxic substance.
• Carbon Monoxide – a poisonous gas similar to the gas that emanates from a car’s exhaust pipe,
impairs the capacity of the blood to supply adequate amounts of oxygen to the vital organs of the
body.
• Tar – the brownish viscous substance known to be the cancer-causing component, stains the
fingers, teeth, and tongue of the smoker.
Gambling
- punishable under Presidential Decree Number 1602 as amended by Republic Act Number 9287
19