Cdi 7 - Chapter 3
Cdi 7 - Chapter 3
INTRODUCTION
This chapter presents the various drug control and regulations in the country. It also presents the treatment and
rehabilitative approach as the dynamic process directed towards the physical, emotional/psychological, vocational, social
and spiritual change to prepare a person for the fullest life compatible with his capabilities and potentialities and render
him able to become a law abiding and productive member of the community without abusing drugs.
OBJECTIVES
After studying the chapter, the students should have:
1. Familiarize and understand the main contents of Republic Act 9165.
2. Familiarize and understand the main contents of Republic Act 10640 and Presidential Decree No. 1619.
3. Familiarize with the treatment and rehabilitation approach for drug dependents.
4. Gain basic understanding of the procedures involved in Anti-drug operation and investigation.
5. Enumerate the documentary requirements on filling cases involving anti-illegal drugs and gambling.
6. Describe how ordinances on smoking, alcohol use and drunk driving are implemented.
AN ACT INSTITUTING THE COMPREHENSIVE DANGEROUS DRUGS ACT OF 2002, REPEALING REPUBLIC ACT
NO. 6425, OTHERWISE KNOWN AS THE DANGEROUS DRUGS ACT OF 1972, AS AMENDED, PROVIDING FUNDS
THEREFOR, AND FOR OTHER PURPOSES
Section 1. Short Title. – This Act shall be known and cited as the "Comprehensive Dangerous Drugs Act of 2002".
ARTICLE I
Definition of terms
Section 3. Definitions. As used in this Act, the following terms shall mean:
(a) Administer. – Any act of introducing any dangerous drug into the body of any person, with or without his/her
knowledge, by injection, inhalation, ingestion or other means, or of committing any act of indispensable assistance to a
person in administering a dangerous drug to himself/herself unless administered by a duly licensed practitioner for
purposes of medication.
(b) Board. - Refers to the Dangerous Drugs Board under Section 77, Article IX of this Act.
(c) Centers. - Any of the treatment and rehabilitation centers for drug dependents referred to in Section 34, Article VIII of
this Act.
(d) Chemical Diversion. – The sale, distribution, supply or transport of legitimately imported, in-transit, manufactured or
procured controlled precursors and essential chemicals, in diluted, mixtures or in concentrated form, to any person or
entity engaged in the manufacture of any dangerous drug, and shall include packaging, repackaging, labeling, relabeling
or concealment of such transaction through fraud, destruction of documents, fraudulent use of permits, misdeclaration,
use of front companies or mail fraud.
(e) Clandestine Laboratory. – Any facility used for the illegal manufacture of any dangerous drug and/or controlled
precursor and essential chemical.
(f) Confirmatory Test. – An analytical test using a device, tool or equipment with a different chemical or physical principle
that is more specific which will validate and confirm the result of the screening test.
(g) 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.
(h) Controlled Precursors and Essential Chemicals. – Include those listed in Tables I and II of the 1988 UN Convention
Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances as enumerated in the attached annex, which is an
integral part of this Act.
(i) Cultivate or Culture. – Any act of knowingly planting, growing, raising, or permitting the planting, growing or raising of
any plant which is the source of a dangerous drug.
(j) Dangerous Drugs. – Include those listed in the Schedules annexed to the 1961 Single Convention on Narcotic Drugs,
as amended by the 1972 Protocol, and in the Schedules annexed to the 1971 Single Convention on Psychotropic
Substances as enumerated in the attached annex which is an integral part of this Act.
(k) Deliver. – Any act of knowingly passing a dangerous drug to another, personally or otherwise, and by any means, with
or without consideration.
(l) Den, Dive or Resort. – A place where any dangerous drug and/or controlled precursor and essential chemical is
administered, delivered, stored for illegal purposes, distributed, sold or used in any form.
(m) Dispense. – Any act of giving away, selling or distributing medicine or any dangerous drug with or without the use of
prescription.
(n) Drug Dependence. – As based on the World Health Organization definition, it is a cluster of physiological, behavioral
and cognitive phenomena of variable intensity, in which the use of psychoactive drug takes on a high priority thereby
involving, among others, a strong desire or a sense of compulsion to take the substance and the difficulties in controlling
substance-taking behavior in terms of its onset, termination, or levels of use.
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(o) Drug Syndicate. – Any organized group of two (2) or more persons forming or joining together with the intention of
committing any offense prescribed under this Act.
(p) Employee of Den, Dive or Resort. – The caretaker, helper, watchman, lookout, and other persons working in the den,
dive or resort, employed by the maintainer, owner and/or operator where any dangerous drug and/or controlled precursor
and essential chemical is administered, delivered, distributed, sold or used, with or without compensation, in connection
with the operation thereof.
(q) Financier. – Any person who pays for, raises or supplies money for, or underwrites any of the illegal activities
prescribed under this Act.
(r) 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.
(s) Instrument. – Any thing that is used in or intended to be used in any manner in the commission of illegal drug
trafficking or related offenses.
(t) Laboratory Equipment. – The paraphernalia, apparatus, materials or appliances when used, intended for use or
designed for use in the manufacture of any dangerous drug and/or controlled precursor and essential chemical, such as
reaction vessel, preparative/purifying equipment, fermentors, separatory funnel, flask, heating mantle, gas generator, or
their substitute.
(u) Manufacture. – The production, preparation, compounding or processing of any dangerous drug and/or controlled
precursor and essential chemical, either directly or indirectly or by extraction from substances of natural origin, or
independently by means of chemical synthesis or by a combination of extraction and chemical synthesis, and shall include
any packaging or repackaging of such substances, design or configuration of its form, or labeling or relabeling of its
container; except that such terms do not include the preparation, compounding, packaging or labeling of a drug or other
substances by a duly authorized practitioner as an incident to his/her administration or dispensation of such drug or
substance in the course of his/her professional practice including research, teaching and chemical analysis of dangerous
drugs or such substances that are not intended for sale or for any other purpose.
(v) Cannabis or commonly known as "Marijuana" or "Indian Hemp" or by its any other name. – Embraces every kind,
class, genus, or specie of the plant Cannabis sativa L. including, but not limited to, Cannabis americana, hashish, bhang,
guaza, churrus and ganjab, and embraces every kind, class and character of marijuana, whether dried or fresh and
flowering, flowering or fruiting tops, or any part or portion of the plant and seeds thereof, and all its geographic varieties,
whether as a reefer, resin, extract, tincture or in any form whatsoever.
(w) Methylenedioxymethamphetamine (MDMA) or commonly known as "Ecstasy", or by its any other name. – Refers to
the drug having such chemical composition, including any of its isomers or derivatives in any form.
(x) Methamphetamine Hydrochloride or commonly known as "Shabu", "Ice", "Meth", or by its any other name. – Refers to
the drug having such chemical composition, including any of its isomers or derivatives in any form.
(y) 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; narcotic preparations thereof or
therefrom; morphine or any alkaloid of opium; preparations in which opium, morphine or any alkaloid of opium enters as
an ingredient; opium poppy; opium poppy straw; and leaves or wrappings of opium leaves, whether prepared for use or
not.
(z) Opium Poppy. – Refers to any part of the plant of the species Papaver somniferum L., Papaver setigerum DC,
Papaver orientale, Papaver bracteatum and Papaver rhoeas, which includes the seeds, straws, branches, leaves or any
part thereof, or substances derived therefrom, even for floral, decorative and culinary purposes.
(aa) PDEA. – Refers to the Philippine Drug Enforcement Agency under Section 82, Article IX of this Act.
(bb) Person. – Any entity, natural or juridical, including among others, a corporation, partnership, trust or estate, joint stock
company, association, syndicate, joint venture or other unincorporated organization or group capable of acquiring rights or
entering into obligations.
(cc) Planting of Evidence. – The willful act by any person of maliciously and surreptitiously inserting, placing, adding or
attaching directly or indirectly, through any overt or covert act, whatever quantity of any dangerous drug and/or controlled
precursor and essential chemical in the person, house, effects or in the immediate vicinity of an innocent individual for the
purpose of implicating, incriminating or imputing the commission of any violation of this Act.
(dd) Practitioner. – Any person who is a licensed physician, dentist, chemist, medical technologist, nurse, midwife,
veterinarian or pharmacist in the Philippines.
(ee) Protector/Coddler. – Any person who knowingly and willfully consents to the unlawful acts provided for in this Act and
uses his/her influence, power or position in shielding, harboring, screening or facilitating the escape of any person he/she
knows, or has reasonable grounds to believe on or suspects, has violated the provisions of this Act in order to prevent the
arrest, prosecution and conviction of the violator.
(ff) Pusher. – Any person who sells, trades, administers, dispenses, delivers or gives away to another, on any terms
whatsoever, or distributes, dispatches in transit or transports dangerous drugs or who acts as a broker in any of such
transactions, in violation of this Act.
(gg) School. – Any educational institution, private or public, undertaking educational operation for pupils/students pursuing
certain studies at defined levels, receiving instructions from teachers, usually located in a building or a group of buildings
in a particular physical or cyber site.
(hh) Screening Test. – A rapid test performed to establish potential/presumptive positive result.
(ii) Sell. – Any act of giving away any dangerous drug and/or controlled precursor and essential chemical whether for
money or any other consideration.
(jj) Trading. – Transactions involving the illegal trafficking of dangerous drugs and/or controlled precursors and essential
chemicals using electronic devices such as, but not limited to, text messages, email, mobile or landlines, two-way radios,
internet, instant messengers and chat rooms or acting as a broker in any of such transactions whether for money or any
other consideration in violation of this Act.
(kk) Use. – Any act of injecting, intravenously or intramuscularly, of consuming, either by chewing, smoking, sniffing,
eating, swallowing, drinking or otherwise introducing into the physiological system of the body, and of the dangerous
drugs.
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ARTICLE II
Unlawful Acts and Penalties
Section 4. Importation of Dangerous Drugs and/or Controlled Precursors and Essential Chemicals.- .The penalty of life
imprisonment to death and a ranging from Five hundred thousand pesos (P500,000.00) to Ten million pesos
(P10,000,000.00) shall be imposed upon any person, who, unless authorized by law, shall import or bring into the
Philippines any dangerous drug, regardless of the quantity and purity involved, including any and all species of opium
poppy or any part thereof or substances derived therefrom even for floral, decorative and culinary purposes.
The penalty of imprisonment ranging from twelve (12) years and one (1) day to twenty (20) years and a fine ranging from
One hundred thousand pesos (P100,000.00) to Five hundred thousand pesos (P500,000.00) shall be imposed upon any
person, who, unless authorized by law, shall import any controlled precursor and essential chemical.
The maximum penalty provided for under this Section shall be imposed upon any person, who, unless authorized under
this Act, shall import or bring into the Philippines any dangerous drug and/or controlled precursor and essential chemical
through the use of a diplomatic passport, diplomatic facilities or any other means involving his/her official status intended
to facilitate the unlawful entry of the same. In addition, the diplomatic passport shall be confiscated and canceled.
The maximum penalty provided for under this Section shall be imposed upon any person, who organizes, manages or
acts as a "financier" of any of the illegal activities prescribed in this Section.
The penalty of twelve (12) years and one (1) day to twenty (20) years of imprisonment and a fine ranging from One
hundred thousand pesos (P100,000.00) to Five hundred thousand pesos (P500,000.00) shall be imposed upon any
person, who acts as a "protector/coddler" of any violator of the provisions under this Section.
Section 5. Sale, Trading, Administration, Dispensation, Delivery, Distribution and Transportation of Dangerous Drugs
and/or Controlled Precursors and Essential Chemicals. - The penalty of life imprisonment to death and a fine ranging from
Five hundred thousand pesos (P500,000.00) to Ten million pesos (P10,000,000.00) shall be imposed upon any person,
who, unless authorized by law, shall sell, trade, administer, dispense, deliver, give away to another, distribute dispatch in
transit or transport any dangerous drug, including any and all species of opium poppy regardless of the quantity and purity
involved, or shall act as a broker in any of such transactions.
The penalty of imprisonment ranging from twelve (12) years and one (1) day to twenty (20) years and a fine ranging from
One hundred thousand pesos (P100,000.00) to Five hundred thousand pesos (P500,000.00) shall be imposed upon any
person, who, unless authorized by law, shall sell, trade, administer, dispense, deliver, give away to another, distribute,
dispatch in transit or transport any controlled precursor and essential chemical, or shall act as a broker in such
transactions.
If the sale, trading, administration, dispensation, delivery, distribution or transportation of any dangerous drug and/or
controlled precursor and essential chemical transpires within one hundred (100) meters from the school, the maximum
penalty shall be imposed in every case.
For drug pushers who use minors or mentally incapacitated individuals as runners, couriers and messengers, or in any
other capacity directly connected to the dangerous drugs and/or controlled precursors and essential chemical trade, the
maximum penalty shall be imposed in every case.
If the victim of the offense is a minor or a mentally incapacitated individual, or should a dangerous drug and/or a controlled
precursor and essential chemical involved in any offense herein provided be the proximate cause of death of a victim
thereof, the maximum penalty provided for under this Section shall be imposed.
The maximum penalty provided for under this Section shall be imposed upon any person who organizes, manages or acts
as a "financier" of any of the illegal activities prescribed in this Section.
The penalty of twelve (12) years and one (1) day to twenty (20) years of imprisonment and a fine ranging from One
hundred thousand pesos (P100,000.00) to Five hundred thousand pesos (P500,000.00) shall be imposed upon any
person, who acts as a "protector/coddler" of any violator of the provisions under this Section.
Section 6. Maintenance of a Den, Dive or Resort. - The penalty of life imprisonment to death and a fine ranging from Five
hundred thousand pesos (P500,000.00) to Ten million pesos (P10,000,000.00) shall be imposed upon any person or
group of persons who shall maintain a den, dive or resort where any dangerous drug is used or sold in any form.
The penalty of imprisonment ranging from twelve (12) years and one (1) day to twenty (20) years and a fine ranging from
One hundred thousand pesos (P100,000.00) to Five hundred thousand pesos (P500,000.00) shall be imposed upon any
person or group of persons who shall maintain a den, dive, or resort where any controlled precursor and essential
chemical is used or sold in any form.
The maximum penalty provided for under this Section shall be imposed in every case where any dangerous drug is
administered, delivered or sold to a minor who is allowed to use the same in such a place.
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Should any dangerous drug be the proximate cause of the death of a person using the same in such den, dive or resort,
the penalty of death and a fine ranging from One million (P1,000,000.00) to Fifteen million pesos (P500,000.00) shall be
imposed on the maintainer, owner and/or operator.
If such den, dive or resort is owned by a third person, the same shall be confiscated and escheated in favor of the
government: Provided, That the criminal complaint shall specifically allege that such place is intentionally used in the
furtherance of the crime: Provided, further, That the prosecution shall prove such intent on the part of the owner to use the
property for such purpose: Provided, finally, That the owner shall be included as an accused in the criminal complaint.
The maximum penalty provided for under this Section shall be imposed upon any person who organizes, manages or acts
as a "financier" of any of the illegal activities prescribed in this Section.
The penalty twelve (12) years and one (1) day to twenty (20) years of imprisonment and a fine ranging from One hundred
thousand pesos (P100,000.00) to Five hundred thousand pesos (P500,000.00) shall be imposed upon any person, who
acts as a "protector/coddler" of any violator of the provisions under this Section.
Section 7. Employees and Visitors of a Den, Dive or Resort. - The penalty of imprisonment ranging from twelve (12)
years and one (1) day to twenty (20) years and a fine ranging from One hundred thousand pesos (P100,000.00) to Five
hundred thousand pesos (P500,000.00) shall be imposed upon:
(a) Any employee of a den, dive or resort, who is aware of the nature of the place as such; and
(b) Any person who, not being included in the provisions of the next preceding, paragraph, is aware of the nature of the
place as such and shall knowingly visit the same
Section 8. Manufacture of Dangerous Drugs and/or Controlled Precursors and Essential Chemicals. - The penalty of life
imprisonment to death and a fine ranging Five hundred thousand pesos (P500,000.00) to Ten million pesos
(P10,000,000.00) shall be imposed upon any person, who, unless authorized by law, shall engage in the manufacture of
any dangerous drug.
The penalty of imprisonment ranging from twelve (12) years and one (1) day to twenty (20) years and a fine ranging from
One hundred thousand pesos (P100,000.00) to Five hundred thousand pesos (P500,000.00) shall be imposed upon any
person, who, unless authorized by law, shall manufacture any controlled precursor and essential chemical.
The presence of any controlled precursor and essential chemical or laboratory equipment in the clandestine laboratory is
a prima facie proof of manufacture of any dangerous drug. It shall be considered an aggravating circumstance if the
clandestine laboratory is undertaken or established under the following circumstances:
(a) Any phase of the manufacturing process was conducted in the presence or with the help of minor/s:
(b) Any phase or manufacturing process was established or undertaken within one hundred (100) meters of a residential,
business, church or school premises;
(c) Any clandestine laboratory was secured or protected with booby traps;
(d) Any clandestine laboratory was concealed with legitimate business operations; or
The maximum penalty provided for under this Section shall be imposed upon any person, who organizes, manages or
acts as a "financier" of any of the illegal activities prescribed in this Section.
The penalty of twelve (12) years and one (1) day to twenty (20) years of imprisonment and a fine ranging from One
hundred thousand pesos (P100,000.00) to Five hundred thousand pesos (P500,000.00) shall be imposed upon any
person, who acts as a "protector/coddler" of any violator of the provisions under this Section.
Section 9. Illegal Chemical Diversion of Controlled Precursors and Essential Chemicals. - The penalty of imprisonment
ranging from twelve (12) years and one (1) day to twenty (20) years and a fine ranging from One hundred thousand pesos
(P100,000.00) to Five hundred thousand pesos (P500,000.00) shall be imposed upon any person, who, unless authorized
by law, shall illegally divert any controlled precursor and essential chemical.
Section 10. Manufacture or Delivery of Equipment, Instrument, Apparatus, and Other Paraphernalia for Dangerous Drugs
and/or Controlled Precursors and Essential Chemicals. - The penalty of imprisonment ranging from twelve (12) years and
one (1) day to twenty (20) years and a fine ranging from One hundred thousand pesos (P100,000.00) to Five hundred
thousand pesos (P500,000.00) shall be imposed upon any person who shall deliver, possess with intent to deliver, or
manufacture with intent to deliver equipment, instrument, apparatus and other paraphernalia for dangerous drugs,
knowing, or under circumstances where one reasonably should know, that it will be used to plant, propagate, cultivate,
grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain or
conceal any dangerous drug and/or controlled precursor and essential chemical in violation of this Act.
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The penalty of imprisonment ranging from six (6) months and one (1) day to four (4) years and a fine ranging from Ten
thousand pesos (P10,000.00) to Fifty thousand pesos (P50,000.00) shall be imposed if it will be used to inject, ingest,
inhale or otherwise introduce into the human body a dangerous drug in violation of this Act.
The maximum penalty provided for under this Section shall be imposed upon any person, who uses a minor or a mentally
incapacitated individual to deliver such equipment, instrument, apparatus and other paraphernalia for dangerous drugs.
Section 11. Possession of Dangerous Drugs. - The penalty of life imprisonment to death and a fine ranging from Five
hundred thousand pesos (P500,000.00) to Ten million pesos (P10,000,000.00) shall be imposed upon any person, who,
unless authorized by law, shall possess any dangerous drug in the following quantities, regardless of the degree of purity
thereof:
(1) 10 grams or more of opium;
(2) 10 grams or more of morphine;
(3) 10 grams or more of heroin;
(4) 10 grams or more of cocaine or cocaine hydrochloride;
(5) 50 grams or more of methamphetamine hydrochloride or "shabu";
(6) 10 grams or more of marijuana resin or marijuana resin oil;
(7) 500 grams or more of marijuana; and
(8) 10 grams or more of other dangerous drugs such as, but not limited to, methylenedioxymethamphetamine (MDA) or
"ecstasy", paramethoxyamphetamine (PMA), trimethoxyamphetamine (TMA), lysergic acid diethylamine (LSD), gamma
hydroxyamphetamine (GHB), and those similarly designed or newly introduced drugs and their derivatives, without having
any therapeutic value or if the quantity possessed is far beyond therapeutic requirements, as determined and promulgated
by the Board in accordance to Section 93, Article XI of this Act.
Otherwise, if the quantity involved is less than the foregoing quantities, the penalties shall be graduated as follows:
(1) Life imprisonment and a fine ranging from Four hundred thousand pesos (P400,000.00) to Five hundred thousand
pesos (P500,000.00), if the quantity of methamphetamine hydrochloride or "shabu" is ten (10) grams or more but less
than fifty (50) grams;
(2) Imprisonment of twenty (20) years and one (1) day to life imprisonment and a fine ranging from Four hundred
thousand pesos (P400,000.00) to Five hundred thousand pesos (P500,000.00), if the quantities of dangerous drugs are
five (5) grams or more but less than ten (10) grams of opium, morphine, heroin, cocaine or cocaine hydrochloride,
marijuana resin or marijuana resin oil, methamphetamine hydrochloride or "shabu", or other dangerous drugs such as, but
not limited to, MDMA or "ecstasy", PMA, TMA, LSD, GHB, and those similarly designed or newly introduced drugs and
their derivatives, without having any therapeutic value or if the quantity possessed is far beyond therapeutic requirements;
or three hundred (300) grams or more but less than five (hundred) 500) grams of marijuana; and
(3) Imprisonment of twelve (12) years and one (1) day to twenty (20) years and a fine ranging from Three hundred
thousand pesos (P300,000.00) to Four hundred thousand pesos (P400,000.00), if the quantities of dangerous drugs are
less than five (5) grams of opium, morphine, heroin, cocaine or cocaine hydrochloride, marijuana resin or marijuana resin
oil, methamphetamine hydrochloride or "shabu", or other dangerous drugs such as, but not limited to, MDMA or "ecstasy",
PMA, TMA, LSD, GHB, and those similarly designed or newly introduced drugs and their derivatives, without having any
therapeutic value or if the quantity possessed is far beyond therapeutic requirements; or less than three hundred (300)
grams of marijuana.
Section 12. Possession of Equipment, Instrument, Apparatus and Other Paraphernalia for Dangerous Drugs. - The
penalty of imprisonment ranging from six (6) months and one (1) day to four (4) years and a fine ranging from Ten
thousand pesos (P10,000.00) to Fifty thousand pesos (P50,000.00) shall be imposed upon any person, who, unless
authorized by law, shall possess or have under his/her control any equipment, instrument, apparatus and other
paraphernalia fit or intended for smoking, consuming, administering, injecting, ingesting, or introducing any dangerous
drug into the body: Provided, That in the case of medical practitioners and various professionals who are required to carry
such equipment, instrument, apparatus and other paraphernalia in the practice of their profession, the Board shall
prescribe the necessary implementing guidelines thereof.
The possession of such equipment, instrument, apparatus and other paraphernalia fit or intended for any of the purposes
enumerated in the preceding paragraph shall be prima facie evidence that the possessor has smoked, consumed,
administered to himself/herself, injected, ingested or used a dangerous drug and shall be presumed to have violated
Section 15 of this Act.
Section 13. Possession of Dangerous Drugs During Parties, Social Gatherings or Meetings. – Any person found
possessing any dangerous drug during a party, or at a social gathering or meeting, or in the proximate company of at
least two (2) persons, shall suffer the maximum penalties provided for in Section 11 of this Act, regardless of the quantity
and purity of such dangerous drugs.
Section 14. Possession of Equipment, Instrument, Apparatus and Other Paraphernalia for Dangerous Drugs During
Parties, Social Gatherings or Meetings. - The maximum penalty provided for in Section 12 of this Act shall be imposed
upon any person, who shall possess or have under his/her control any equipment, instrument, apparatus and other
paraphernalia fit or intended for smoking, consuming, administering, injecting, ingesting, or introducing any dangerous
drug into the body, during parties, social gatherings or meetings, or in the proximate company of at least two (2) persons.
Section 15. Use of Dangerous Drugs. – 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 rehabilitation in a
government center for the first offense, subject to the provisions of Article VIII of this Act. If apprehended using any
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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.
Section 16. Cultivation or Culture of Plants Classified as Dangerous Drugs or are Sources Thereof. - The penalty of life
imprisonment to death and a fine ranging from Five hundred thousand pesos (P500,000.00) to Ten million pesos
(P10,000,000.00) shall be imposed upon any person, who shall plant, cultivate or culture marijuana, opium poppy or any
other plant regardless of quantity, which is or may hereafter be classified as a dangerous drug or as a source from which
any dangerous drug may be manufactured or derived: Provided, That in the case of medical laboratories and medical
research centers which cultivate or culture marijuana, opium poppy and other plants, or materials of such dangerous
drugs for medical experiments and research purposes, or for the creation of new types of medicine, the Board shall
prescribe the necessary implementing guidelines for the proper cultivation, culture, handling, experimentation and
disposal of such plants and materials.
The land or portions thereof and/or greenhouses on which any of said plants is cultivated or cultured shall be confiscated
and escheated in favor of the State, unless the owner thereof can prove lack of knowledge of such cultivation or culture
despite the exercise of due diligence on his/her part. If the land involved is part of the public domain, the maximum
penalty provided for under this Section shall be imposed upon the offender.
The maximum penalty provided for under this Section shall be imposed upon any person, who organizes, manages or
acts as a "financier" of any of the illegal activities prescribed in this Section.
The penalty of twelve (12) years and one (1) day to twenty (20) years of imprisonment and a fine ranging from One
hundred thousand pesos (P100,000.00) to Five hundred thousand pesos (P500,000.00) shall be imposed upon any
person, who acts as a "protector/coddler" of any violator of the provisions under this Section.
Section 17. Maintenance and Keeping of Original Records of Transactions on Dangerous Drugs and/or Controlled
Precursors and Essential Chemicals. - The penalty of imprisonment ranging from one (1) year and one (1) day to six (6)
years and a fine ranging from Ten thousand pesos (P10,000.00) to Fifty thousand pesos (P50,000.00) shall be imposed
upon any practitioner, manufacturer, wholesaler, importer, distributor, dealer or retailer who violates or fails to comply with
the maintenance and keeping of the original records of transactions on any dangerous drug and/or controlled precursor
and essential chemical in accordance with Section 40 of this Act.
An additional penalty shall be imposed through the revocation of the license to practice his/her profession, in case of a
practitioner, or of the business, in case of a manufacturer, seller, importer, distributor, dealer or retailer.
Section 18. Unnecessary Prescription of Dangerous Drugs. – The penalty of imprisonment ranging from twelve (12) years
and one (1) day to twenty (20) years and a fine ranging from One hundred thousand pesos (P100,000.00) to Five hundred
thousand pesos (P500,000.00) and the additional penalty of the revocation of his/her license to practice shall be imposed
upon the practitioner, who shall prescribe any dangerous drug to any person whose physical or physiological condition
does not require the use or in the dosage prescribed therein, as determined by the Board in consultation with recognized
competent experts who are authorized representatives of professional organizations of practitioners, particularly those
who are involved in the care of persons with severe pain.
Section 19. Unlawful Prescription of Dangerous Drugs. – The penalty of life imprisonment to death and a fine ranging
from Five hundred thousand pesos (P500,000.00) to Ten million pesos (P10,000,000.00) shall be imposed upon any
person, who, unless authorized by law, shall make or issue a prescription or any other writing purporting to be a
prescription for any dangerous drug.
Section 20. Confiscation and Forfeiture of the Proceeds or Instruments of the Unlawful Act, Including the Properties or
Proceeds Derived from the Illegal Trafficking of Dangerous Drugs and/or Precursors and Essential Chemicals. – Every
penalty imposed for the unlawful importation, sale, trading, administration, dispensation, delivery, distribution,
transportation or manufacture of any dangerous drug and/or controlled precursor and essential chemical, the cultivation or
culture of plants which are sources of dangerous drugs, and the possession of any equipment, instrument, apparatus and
other paraphernalia for dangerous drugs including other laboratory equipment, shall carry with it the confiscation and
forfeiture, in favor of the government, of all the proceeds and properties derived from the unlawful act, including, but not
limited to, money and other assets obtained thereby, and the instruments or tools with which the particular unlawful act
was committed, unless they are the property of a third person not liable for the unlawful act, but those which are not of
lawful commerce shall be ordered destroyed without delay pursuant to the provisions of Section 21 of this Act.
After conviction in the Regional Trial Court in the appropriate criminal case filed, the Court shall immediately schedule a
hearing for the confiscation and forfeiture of all the proceeds of the offense and all the assets and properties of the
accused either owned or held by him or in the name of some other persons if the same shall be found to be manifestly out
of proportion to his/her lawful income: Provided, however, That if the forfeited property is a vehicle, the same shall be
auctioned off not later than five (5) days upon order of confiscation or forfeiture.
During the pendency of the case in the Regional Trial Court, no property, or income derived therefrom, which may be
confiscated and forfeited, shall be disposed, alienated or transferred and the same shall be in custodia legis and no bond
shall be admitted for the release of the same.
CDI 7- 7
The proceeds of any sale or disposition of any property confiscated or forfeited under this Section shall be used to pay all
proper expenses incurred in the proceedings for the confiscation, forfeiture, custody and maintenance of the property
pending disposition, as well as expenses for publication and court costs. The proceeds in excess of the above expenses
shall accrue to the Board to be used in its campaign against illegal drugs.
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:
(1) The apprehending team having initial custody and control of the drugs shall, immediately after seizure and
confiscation, physically inventory and photograph the same in the presence of the accused or the person/s from whom
such items were confiscated and/or seized, or his/her representative or counsel, a representative from the media and the
Department of Justice (DOJ), and any elected public official who shall be required to sign the copies of the inventory and
be given a copy thereof;
(2) Within twenty-four (24) hours upon 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;
(3) A certification of the forensic laboratory examination results, which shall be done under oath by the forensic laboratory
examiner, shall be issued within twenty-four (24) hours after the receipt of the subject item/s: Provided, That when the
volume of the dangerous drugs, plant sources of dangerous drugs, and controlled precursors and essential chemicals
does not allow the completion of testing within the time frame, a partial laboratory examination report shall be provisionally
issued stating therein the quantities of dangerous drugs still to be examined by the forensic laboratory: Provided,
however, That a final certification shall be issued on the completed forensic laboratory examination on the same within the
next twenty-four (24) hours;
(4) After the filing of the criminal case, the Court shall, within seventy-two (72) hours, conduct an ocular inspection of the
confiscated, seized and/or surrendered dangerous drugs, plant sources of dangerous drugs, and controlled precursors
and essential chemicals, including 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. The Board shall draw up
the guidelines on the manner of proper disposition and destruction of such item/s which shall be borne by the
offender: Provided, That those item/s of lawful commerce, as determined by the Board, shall be donated, used or recycled
for legitimate purposes: Provided, further, That a representative sample, duly weighed and recorded is retained;
(5) The Board shall then issue a sworn certification as to the fact of destruction or burning of the subject item/s which,
together with the representative sample/s in the custody of the PDEA, shall be submitted to the court having jurisdiction
over the case. In all instances, the representative sample/s shall be kept to a minimum quantity as determined by the
Board;
(6) The alleged offender or his/her representative or counsel shall be allowed to personally observe all of the above
proceedings and his/her presence shall not constitute an admission of guilt. In case the said offender or accused refuses
or fails to appoint a representative after due notice in writing to the accused or his/her counsel within seventy-two (72)
hours before the actual burning or destruction of the evidence in question, the Secretary of Justice shall appoint a
member of the public attorney's office to represent the former;
(7) After the promulgation and judgment in the criminal case wherein the representative sample/s was presented as
evidence in court, the trial prosecutor shall inform the Board of the final termination of the case and, in turn, shall request
the court for leave to turn over the said representative sample/s to the PDEA for proper disposition and destruction within
twenty-four (24) hours from receipt of the same; and
(8) Transitory Provision: a) Within twenty-four (24) hours from the effectivity of this Act, dangerous drugs defined herein
which are presently in possession of law enforcement agencies shall, with leave of court, be burned or destroyed, in the
presence of representatives of the Court, DOJ, Department of Health (DOH) and the accused/and or his/her counsel, and,
b) Pending the organization of the PDEA, the custody, disposition, and burning or destruction of seized/surrendered
dangerous drugs provided under this Section shall be implemented by the DOH.
Section 22. Grant of Compensation, Reward and Award. – The Board shall recommend to the concerned government
agency the grant of compensation, reward and award to any person providing information and to law enforcers
participating in the operation, which results in the successful confiscation, seizure or surrender of dangerous drugs, plant
sources of dangerous drugs, and controlled precursors and essential chemicals.
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 24. Non-Applicability of the Probation Law for Drug Traffickers and Pushers. – Any person convicted for drug
trafficking or pushing under this Act, regardless of the penalty imposed by the Court, cannot avail of the privilege granted
by the Probation Law or Presidential Decree No. 968, as amended.
Section 25. Qualifying Aggravating Circumstances in the Commission of a Crime by an Offender Under the Influence of
Dangerous Drugs. – Notwithstanding the provisions of any law to the contrary, a positive finding for the use of dangerous
drugs shall be a qualifying aggravating circumstance in the commission of a crime by an offender, and the application of
the penalty provided for in the Revised Penal Code shall be applicable.
Section 26. Attempt or Conspiracy. – Any attempt or conspiracy to commit the following unlawful acts shall be penalized
by the same penalty prescribed for the commission of the same as provided under this Act:
(a) Importation of any dangerous drug and/or controlled precursor and essential chemical;
CDI 7- 8
(b) Sale, trading, administration, dispensation, delivery, distribution and transportation of any dangerous drug and/or
controlled precursor and essential chemical;
(c) Maintenance of a den, dive or resort where any dangerous drug is used in any form;
(d) Manufacture of any dangerous drug and/or controlled precursor and essential chemical; and
(e) Cultivation or culture of plants which are sources of dangerous drugs.
Section 27. Criminal Liability of a Public Officer or Employee for Misappropriation, Misapplication or Failure to Account
for the Confiscated, Seized and/or Surrendered Dangerous Drugs, Plant Sources of Dangerous Drugs, Controlled
Precursors and Essential Chemicals, Instruments/Paraphernalia and/or Laboratory Equipment Including the Proceeds or
Properties Obtained from the Unlawful Act Committed. – The penalty of life imprisonment to death and a fine ranging from
Five hundred thousand pesos (P500,000.00) to Ten million pesos (P10,000,000.00), in addition to absolute perpetual
disqualification from any public office, shall be imposed upon any public officer or employee who misappropriates,
misapplies or fails to account for confiscated, seized or surrendered dangerous drugs, plant sources of dangerous drugs,
controlled precursors and essential chemicals, instruments/paraphernalia and/or laboratory equipment including the
proceeds or properties obtained from the unlawful acts as provided for in this Act.
Any elective local or national official found to have benefited from the proceeds of the trafficking of dangerous drugs as
prescribed in this Act, or have received any financial or material contributions or donations from natural or juridical
persons found guilty of trafficking dangerous drugs as prescribed in this Act, shall be removed from office and perpetually
disqualified from holding any elective or appointive positions in the government, its divisions, subdivisions, and
intermediaries, including government-owned or –controlled corporations.
Section 28. Criminal Liability of Government Officials and Employees. – The maximum penalties of the unlawful acts
provided for in this Act shall be imposed, in addition to 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 penalty of death.
Section 30. Criminal Liability of Officers of Partnerships, Corporations, Associations or Other Juridical Entities. – In case
any violation of this Act is committed by a partnership, corporation, association or any juridical entity, the partner,
president, director, manager, trustee, estate administrator, or officer who consents to or knowingly tolerates such violation
shall be held criminally liable as a co-principal.
The penalty provided for the offense under this Act shall be imposed upon the partner, president, director, manager,
trustee, estate administrator, or officer who knowingly authorizes, tolerates or consents to the use of a vehicle, vessel,
aircraft, equipment or other facility, as an instrument in the importation, sale, trading, administration, dispensation,
delivery, distribution, transportation or manufacture of dangerous drugs, or chemical diversion, if such vehicle, vessel,
aircraft, equipment or other instrument is owned by or under the control or supervision of the partnership, corporation,
association or juridical entity to which they are affiliated.
Section 31. Additional Penalty if Offender is an Alien. – In addition to the penalties prescribed in the unlawful act
committed, any alien who violates such provisions of this Act shall, after service of sentence, be deported immediately
without further proceedings, unless the penalty is death.
Section 32. Liability to a Person Violating Any Regulation Issued by the Board. – The penalty of imprisonment ranging
from six (6) months and one (1) day to four (4) years and a fine ranging from Ten thousand pesos (P10,000.00) to Fifty
thousand pesos (P50,000.00) shall be imposed upon any person found violating any regulation duly issued by the Board
pursuant to this Act, in addition to the administrative sanctions imposed by the Board.
Section 33. Immunity from Prosecution and Punishment. – Notwithstanding the provisions of Section 17, Rule 119 of the
Revised Rules of Criminal Procedure and the provisions of Republic Act No. 6981 or the Witness Protection, Security and
Benefit Act of 1991, any person who has violated Sections 7, 11, 12, 14, 15, and 19, Article II of this Act, who voluntarily
gives information about any violation of Sections 4, 5, 6, 8, 10, 13, and 16, Article II of this Act as well as any violation of
the offenses mentioned if committed by a drug syndicate, or any information leading to the whereabouts, identities and
arrest of all or any of the members thereof; and who willingly testifies against such persons as described above, shall be
exempted from prosecution or punishment for the offense with reference to which his/her information of testimony were
given, and may plead or prove the giving of such information and testimony in bar of such prosecution: Provided, That the
following conditions concur:
(1) The information and testimony are necessary for the conviction of the persons described above;
(2) Such information and testimony are not yet in the possession of the State;
(3) Such information and testimony can be corroborated on its material points;
(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; and
(5) The informant or witness shall strictly and faithfully comply without delay, any condition or undertaking, reduced into
writing, lawfully imposed by the State as further consideration for the grant of immunity from prosecution and punishment.
Provided, further, That this immunity may be enjoyed by such informant or witness who does not appear to be most guilty
for the offense with reference to which his/her information or testimony were given: Provided, finally, That there is no
direct evidence available for the State except for the information and testimony of the said informant or witness.
CDI 7- 9
Section 34. Termination of the Grant of Immunity. – The immunity granted to the informant or witness, as prescribed in
Section 33 of this Act, shall not attach should it turn out subsequently that the information and/or testimony is false,
malicious or made only for the purpose of harassing, molesting or in any way prejudicing the persons described in the
preceding Section against whom such information or testimony is directed against. In such case, the informant or witness
shall be subject to prosecution and the enjoyment of all rights and benefits previously accorded him under this Act or any
other law, decree or order shall be deemed terminated.
In case an informant or witness under this Act fails or refuses to testify without just cause, and when lawfully obliged to do
so, or should he/she violate any condition accompanying such immunity as provided above, his/her immunity shall be
removed and he/she shall likewise be subject to contempt and/or criminal prosecution, as the case may be, and the
enjoyment of all rights and benefits previously accorded him under this Act or in any other law, decree or order shall be
deemed terminated.
In case the informant or witness referred to under this Act falls under the applicability of this Section hereof, such
individual cannot avail of the provisions under Article VIII of this Act.
Section 35. Accessory Penalties. – A person convicted under this Act shall be disqualified to exercise his/her civil rights
such as but not limited to, the rights of parental authority or guardianship, either as to the person or property of any ward,
the rights to dispose of such property by any act or any conveyance inter vivos, and political rights such as but not limited
to, the right to vote and be voted for. Such rights shall also be suspended during the pendency of an appeal from such
conviction.
Lesson 2 REPUBLIC ACT NO. 10640 and PRESIDENTIAL DECREE NO. 1619
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:
SECTION 1. Section 21 of Republic Act No. 9165, otherwise known as the “Comprehensive Dangerous Drugs Act of
2002″, is hereby amended to read as follows:
“SEC. 21. Custody and Disposition of Confiscated, Seized, and/or Surrendered Dangerous Drugs, Plant Sources of
Dangerous Drugs, Controlled Precursors and Essential Chemicals, Instruments/Paraphernalia and/or Laboratory
Equipment. – The PDEA shall take charge and have custody of all dangerous drugs, plant sources of dangerous drugs,
controlled precursors and essential chemicals, as well as instruments/paraphernalia and/or laboratory equipment so
confiscated, seized and/or surrendered, for proper disposition in the following manner:
“(1) The apprehending team having initial custody and control of the dangerous drugs, controlled precursors and essential
chemicals, instruments/paraphernalia and/or laboratory equipment shall, immediately after seizure and confiscation,
conduct a physical inventory of the seized items and photograph the same in the presence of the accused or the person/s
from whom such items were confiscated and/or seized, or his/her representative or counsel, with an elected public official
and a representative of the National Prosecution Service or the media who shall be required to sign the copies of the
inventory and be given a copy thereof: Provided, That the physical inventory and photograph shall be conducted at the
place where the search warrant is served; or at the nearest police station or at the nearest office of the apprehending
officer/team, whichever is practicable, in case of warrantless seizures: Provided, finally, That noncompliance of these
requirements under justifiable grounds, as long as the integrity and the evidentiary value of the seized items are properly
preserved by the apprehending officer/team, shall not render void and invalid such seizures and custody over said items.
“(3) A certification of the forensic laboratory examination results, which shall be done by the forensic laboratory examiner,
shall be issued immediately upon the receipt of the subject item/s: Provided, That when the volume of dangerous drugs,
plant sources of dangerous drugs, and controlled precursors and essential chemicals does not allow the completion of
testing within the time frame, a partial laboratory examination report shall be provisionally issued stating therein the
quantities of dangerous drugs still to be examined by the forensic laboratory: Provided, however, That a final certification
shall be issued immediately upon completion of the said examination and certification;
SEC. 2. Implementing Rules and Regulations (IRR). – To implement effectively the provisions of Section 21, the
Philippine Drug Enforcement Agency (PDEA) shall issue the necessary guidelines on the IRR for the purpose in
consultation with the Department of Justice (DO J) and relevant sectors to curb increasing drug cases.
SEC. 3. Separability Clause. – If any provision or part hereof is held invalid or unconstitutional, the remainder of the law or
the provision not otherwise affected shall remain valid and subsisting.
SEC. 4. Repealing Clause. – All laws, presidential decrees or issuances, executive orders, letters of instruction,
administrative orders, rules and regulations contrary to or inconsistent with the provisions of this Act are hereby repealed,
modified or amended accordingly.
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SEC. 5. Effectivity. – This Act shall take effect fifteen (15) days after its complete publication in at least two (2)
newspapers of general circulation.
WHEREAS, reports from law enforcement agencies reveal that certain substances which are openly sold to the public are
being availed of by drug dependents as substitutes for dangerous drugs;
WHEREAS, medical research and studies show that the use of such substitutes could cause death, physiological damage
to the liver, kidneys, heart, blood and nervous system, induce dependency, self-destructive and anti-social acts while
under the influence thereof, and lead to the use of other drugs;
WHEREAS, it is imperative to stop the use of such substances as substitutes for dangerous drugs.
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Republic of the Philippines, by virtue of the powers
vested in me by the Constitution, do hereby decree and order as follows:
Section 1. Volatile substances as used in this Decree shall mean and include any liquid, solid or mixed substance having
the property of releasing toxic vapors or fumes containing one or more of the following chemical compounds: methanol,
ethanol, isopropanol, ethyl acetate, n-propyl acetate, n-butyl acetate, acetone, methyl ethyl ketone, methyl butyl ketone,
benzene, toluene, xylene, stryene, naphtalene, n-pentane, n-hexane, n-heptane, methylene chloride, trichloroenthylene,
tetrachloroenthylene, nitrous oxide, dichlorodifluoromethane, chlorodifluoromethane, isoamyl nitrate, ether or chloroform
or any other chemical substance which when sniffed, smelled, inhaled, or introduced into the physiological system of the
body produces or induces a condition of intoxication, inebriation, excitement, stupefaction, dulling of the brain or nervous
system, depression, giddiness, paralysis, or irrational behaviour or in any manner changing, distorting or disturbing the
auditory, visual or mental processes.
Section 2. The use or possession of volatile substances for the purpose of inhalation to induce or produce intoxication or
any of the conditions described in the preceding section shall be punishable by imprisonment ranging from six months and
one day to four years and a fine ranging from six hundred to four thousand, pesos: Provided, however, That the provisions
of Article VI, entitled "Rehabilitative Confinement and Suspension of Sentence", of Republic Act No. 6425, as amended
(otherwise known as the Dangerous Drugs Act of 1972), shall, whenever appropriate, apply to the cases arising
hereunder.
Section 3. The penalty of imprisonment ranging from four years and one day to eight years and a fine ranging from four
thousand to eight thousand pesos shall be imposed upon any person who sells, administers, delivers, or gives away to
another, on any terms whatsoever, or distributes, dispatches in transit or transports or who acts as a broker in any of such
transactions, any substance or mixture of substances containing one or more of the chemical compounds mentioned in
Section one hereof for the purpose of inhalation to induce or produce intoxication or any of the conditions described
therein.
Section 4. The penalty of imprisonment ranging from four years and one month to eight years and a fine ranging from
four thousand to eight thousand pesos shall be imposed upon any person, or group of persons who shall maintain a den,
dive or resort where any substance or mixture of substances containing one or more of the chemical compounds
mentioned in Section one hereof is used for the purpose of inhalation to induce or produce intoxication or any of the
conditions described therein.
Section 5. The sale of, and offer to sell, volatile substances to minors without requiring the written consent of their parents
or guardians as a condition for such sale or offer to sell shall be punishable by imprisonment ranging from six months and
one day to four years and a fine ranging from six hundred to four thousand pesos: Provided, That when the minor is
eighteen years or over and is duly licensed to drive a motor vehicle, such written consent shall not be necessary when the
volatile substance sold or offered for sale is gasoline or any other motive fuel for motor vehicles.
Section 6. The sale of, and offer to sell, to minors of liquors or beverages containing an alcoholic content of thirty per
centum or above (60 proof or above) is hereby prohibited and shall be punishable by imprisonment ranging from six
months and one day to four years and a fine ranging from six hundred to four thousand pesos.
Section 7. The Dangerous Drugs Board is hereby empowered to issue rules and regulations to carry out the purposes of
this decree, including the treatment and rehabilitation of dependents on volatile substances and their confinement in
rehabilitation or commercial products containing one or more of the chemical compounds mentioned in Section one
hereof, and the publication, whenever the need arises, in a newspaper of general circulation, a list of the mentioned
industrial or commercial products the sale of which is restricted or prohibited under the preceding sections.
Lesson 3 THE TREATMENT AND REHABILITATION APPROACH AND OTHER APPROACHES TO DRUG PROBLEM
CDI 7- 11
Unlawful Acts Punishable by Death Penalty (Prior to the abolition of Death Penalty)
1. Importation or bringing into the Philippines of dangerous drugs using diplomatic passport or facilities or any
means involving his/her official status to facilitate unlawful entry of the same (sec 4, Art II).
2. Upon any person who organizes, manages or acts as"financiers of any of the activities involving dangerous drugs
(sec 4, 5, 6, 8 Art II).
3. Sale, Trading, Administration, Dispensation, Delivery, Distribution and transportation of Dangerous Drugs and/or
Controlled Precursors and Essential Chemicals with in 100 meters from the school (sec 5, Art II).
4. Drugs pushers who use minors or mentally incapacitated individuals as runners, couriers and messengers or in
any other capacity directly connected to the dangerous drug trade (sec 5, Art II).
5. If the victim of the offense is a minor or mentally incapacitated individual, or should a dangerous drug and/or
controlled precursors and essential chemical involved in the offense be the proximate cause of death of the victim
(sec 5, Art II).
6. When dangerous drug is administered, delivered or sold to a minor who is allowed to use the same in such a
place (sec 6, Art II).
7. Upon any person who uses a minor or mentally incapacitated individual to deliver equipment, instrument,
apparatus and other paraphernalia for dangerous drugs (sec. 10, Art II).
8. Possession of dangerous drugs during Parties, Social Gatherings or Meetings (sec. 13), and Possession of
Equipment, Instrument, Apparatus and other Paraphernalia for Dangerous Drugs during Parties, Social
Gatherings or Meetings (sec. 14)
What are the Powers and Duties of the DDB? (sec. 81, Art IX)
Formulation of Drug Prevention and Control Strategy,
Promulgation of Rules and Regulation to carry out the purposes of this Act,
Conduct policy studies and researches,
Develop educational programs and info drive,
Conduct continuing seminars and consultations
Design special training
Coordination with agencies for community service programs
Maintain international networking
What is PDEA?
PDEA means Philippine Drug Enforcement Agency.
It is 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.
CDI 7- 13
What are the Powers and Functions of the PDEA? (Sec. 84, Art IX)
1. Cause the effective and efficient implementation of the national drug control strategy,
2. Enforcement of the provisions of Art II of this Act,
3. Undertake investigation,make arrest and apprehension of violators and seizure and confiscation of dangerous
drugs,
4. Establish forensic laboratories,
5. Filing of appropriate drug cases,
6. Conduct eradication programs,
7. Maintain a national drug intelligence system,
8. Close coordination with local and international drug agencies.
12. Oplan Cyclops operations against Chinese triad members involved in the illegal drug operations particularly
Methamphetamine Hydrocloride.
In the conduct of anti-drug operations, the following must be strictly considered:
Respect for Human Rights (Sec. 11, Art. 2, Phil. Constitution)
Respect for right of the people to due process and equal protection (Sec. 1, Art. 3, Phil. Constitution)
Respect of Right of the people against unreasonable search and seizure. (Sec. 2, Art. 3, Phil. Constitution).
Respect for right of the people to privacy of communication (Sec. 3, Art. 3, Phil. Constitution). the accused
Respect for constitutional rights undergoing custodial investigation ( 12, Art. 3, Phil. Constitution) RA 7438),
Respect for the statutory rights of the accused of undergoing custodial investigation under RA 7438.
Custodial Investigation
Prosecution
Trial
Resolution
Buy-Bust Operations
a. Concept: 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. Entrapment has received judicial sanction as long as it is carried with
due regard to constitutional and legal safeguards.
b. Planning and Preparation: The operation must be preceded by an intensive surveillance, casing, or other
intelligence operations and gathering, evaluation and timely dissemination. Intelligence must be evidence based
and shall be supported by documents such as summaries of info, maps, sketches, affidavits and statements
Search For Drug Evidence with Warrant
a) Concept: A search warrant is an order in writing issued in the name of the People of the Philippines, signed by a
judge and directed to a peace officer, commanding him to search for personal property described therein and
bring it before the court. (Sec. 1, Rule 126, Revised Rules of Court)
b) Planning and Preparation:
Prior to the procurement of search warrant, intensive intelligence data gathering must be undertaken, evidence-
based and supported by credible documents.
Conduct of surveillance, casing, and other intelligence operations.
Identification, movement, activities and location of suspects should be established.
Search warrant shall be applied with competent court
Conduct of Operation
Submission of reports
Marijuana Eradication
a. Concept: 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.
b. Planning and Preparation: The planning operation shall be preceded by intelligence gathering to verify the
existence of marijuana plantation and the existence to be supported by documentary evidence such as summary
of information, maps, sketches, photographs and others. The intelligence gathering must be appropriately
documented by pre-operations orders and after-casing reports
c. Conduct of Operations
a) Briefing, rehearsals, and proper formations
b) Exact location of the plantation must be established
c) Identify owner of the land or the cultivators
d) Coordination with other operating units in the area
e) Barangay eradication tea should be organized
f) Strict compliance with SOP’s under Rules of Opns
Mobile Checkpoint Operations
a. Concept: no other forms of checkpoints other than mobile checkpoints are authorized for drug enforcement and
prevention operations. They shall be established only in conjunction with on-going operations/situation or when
there is need to arrest a criminal
b. Planning and Operation: intensive intelligence gathering supported by credible documents, with proper pre-
operations orders and after surveillance or after-casing reports.
c. Conduct of operations: shall be consonance with the existing SOPs on checkpoint operations
Airport and Seaport Interdiction
a. Concept: airport and seaport interdiction involves the conduct of surveillance, interception and interdiction of
person’s and evidence during travel by air or sea vessel.
b. Planning and operation: intensive intelligence gathering supported by credible documents, with proper pre-
operations orders and after surveillance or after casing reports.
c. Conduct of operations
1. Coordination with airport authorities.
2. Operations shall be in consonance with the existing SOPs on airport and seaport checks/ operations.
Controlled delivery
a. Concept: this is 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 view of drug related
offense. International cooperation in facilitating the controlled delivery of illicit drugs is considered the most
effective mean to neutralize transnational criminal syndicates.
b. Planning and Operations: intensive intelligence gathering and evaluation to determine the applicability of
controlled delivery operations. It must be supported y credible documents , with proper pre-operations orders and
after surveillance or after-casing reports. A committee or board shall be constituted to study the project proposal
for the suitable employment of a controlled delivery operations.
c. Conduct of operations:
1. Proper formation for accounting of personnel
2. Coordination with airport, seaport and other travel agency authorities
3. Operations shall be in consonance with the existing SOPs on controlled delivery operations.
Undercover Operations
a. Concept: undercover operation is an investigative technique in which the personnel involve assumes different
identities in order to obtain the necessary information. This technique may also be considered as a method of
surveillance
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b. Planning and operations: undercover operations shall be resorted tpo only under circumstances where
evidence can be hardly obtained in an open investigation or when an open investigation is unsuccessful
c. Conduct of Operations
a) Proper briefing and rehearsals.
b) Identification of effective cover and undercover.
c) Buy-bust or search with warrant operations.
d) Operations shall be in consonance with the existing SOPS on Undercover operations.
Narcotic Investigation
a. Concept: Narcotic investigation is a necessary tool employed by drug enforcement agencies in building up
relevant and competent evidence, which are vital in the development of a drug case. Several investigative
techniques may be utilized for the successful attainment of the operation. This include but not limited to use of
informants, interviewing, interrogation, surveillance operations and undercover operations.
b. Planning and Operation: The most effective way of investigative technique or combination of two or more or
all techniques under a given situation and setting that shall be determined by considering the magnitude of drug
law violations.
c. The conduct of investigation shall follow the basic steps in criminal investigation and detection. The
application of the following:
Initial Investigation
Tactical Investigation (Follow-up)
Post Operations
Custodial Investigations
After Investigation and Inquest 6. Prosecution and filing of the case
Trial of the case
2. Rehabilitation- the dynamic process directed towards the physical, emotional/psychological, vocational,
social and spiritual change to prepare a person for the fullest life compatible with his capabilities and
potentialities, and render him able to become a law abiding and productive member of the community without
abusing drugs.
Objectives: to restore an individual to a state where he is physically, psychologically and socially capable of
coping with the same problems as others of his age group and able to avail of the opportunity to live a happy, useful and
productive life without abusing drugs.
Methods of Rehabilitation
1. Psychotherapeutic Methods
a. Individual therapy- this involves a one to one relationhips whose aim is to help the patient reduce his
drug abusing behavior and develop insight into his action
b. Group therapy- this is a form of therapy where the individual is helped through group process. Each
member of the group receives immediate feedback from the other members regarding his verbal and
other forms of behavior. Group support and encouragement are given to the subject on the premise that
these are effective devices, which can produce positive results toward behavioral modification.
c. Unstructured Group Therapy- The role of the therapist can be assumed by the entire group or group
members. In the therapeutic community, group therapy is commonly used, among others, through (a)
group encounter, (b) verbal haircut (tongue lashing reprimand), (c) group games, and (d) family
encounters.
The Family Therapy - This form of intervention is based on recognition that while the family as a primary
social unit, can be a source of problem leading to drug abuse, can also be a powerful factor in improving the behavior
of the drug dependent. Family therapy may include restructuring of the family, environmental manipulation,
strengthening family communication, and discovering other means of family communication, and discovering
potentials of family members to help facilitate the rehabilitation of the drug dependent.
2. The Spiritual and Religious Means - development of moral and spiritual values of the user.
3. The Follow-up and After – Care-The process of rehabilitation does not end upon the release or discharge of
client from a center. After his discharge, he has to undergo follow-up and after-care services for a period of not more than
18 months by the appropriate center personnel. The Department of Social Welfare and Development (DSWD) and the
National Bureau of Investigation (NBI) are deputized agents of the board to handle this. A Transfer Summary of the case
from the rehabilitation facility is necessary and should be forwarded to the entity undertaking the follow up and after-care
services. The Social Worker of the receiving entity assigned to the case shall maintain a close contact with the client,
family, the accredited physician attending to the case, and the police, for the purpose of assisting the client maintain his
CDI 7- 17
progress towards adjusting to his new environment. He shall also see to it that a regular laboratory examination of the
client's body fluids is made to ensure that the client remains drug-free.
Duration of Rehabilitation - If the patient is found to be an opiate abuser, the treatment prescribed shall be for a period
of not less than six (6) months.
Criteria of Rehabilitation
The patient achieves a drug-free existence.
He becomes adjusted to his family and peers.
Socially integrated to the community
The client is not involved in socially deviant behaviors.
DIAGNOSTIC GUIDELINES
A definite diagnosis of dependence should only be made if three or more of the following have been experienced
or exhibited at some time during the previous year.
a) A strong desire or sense of compulsion to take the substance.
b) An impaired capacity to control substance-taking behavior in terms of its onset, termination, or levels of
use.
c) Substance used with the intention of relieving withdrawal symptoms and with awareness that this
strategy is effective.
d) A psychological withdrawal state.
e) Evidence of tolerance such that increased doses the substance is required in order to achieve effects
originally produced by lower doses. (Clear examples of this are found in alcohol and opiate dependent
individuals who may tale daily doses of the substance sufficient to incapacitate or kill non-tolerant
users).
f) A narrowing of the personal repertoire of patterns of substance use (e.g. tendency to drink alcoholic
drinks in the same way on weekdays and weekends and whatever the social constraints regarding
appropriate drinking behavior).
g) Progressive neglect of alternative pressures or interests in favor of substance use.
h) Persisting with substance use despite clear evidence of overtly harmful consequences. (Adverse
consequences may be medical as with harm to the liver through excessive drinking, social as in the
case of loss of a job through drug-related impairment of performance, or psychological as in the case of
depressive mood states consequent to periods of heavy substance use).
provide a meaningful "work" in the school setting to the students who might otherwise suffer from low self-esteem and a
general lack of involvement with school or cross-age tutoring and counseling programs.
The program is focused on:
Life Career Planning the preparation towards a comprehensive career education helps young people to make the
right choices.
Parenting and Family Communication - activities that fosters better understanding and wholesome family
relationship.
Demand Reduction strategy is carried out by the conduct of information and educational drives and the treatment
or rehabilitation of drug addicts.
3. Malaysia - The Asian treatment and rehabilitation training center is sponsored by the International Labor Union
located in Malaysia. Malaysia then is dine considered as the training center for treatment and rehabilitation of drug
abusers in Asia.
4. Singapore- Singapore is responsible in the area of research as part of the Asian anti-narcotic work. The urine test
project was adopted with the aim to train chemist from ASEAN members in the techniques of mass urine
screening.
SOCIETAL ROLE IN DRUG ABUSE PREVENTION
Different sectors of society play vital roles in preventing drug abuse. All should exert concerted efforts to fight the
spreading tentacles of this menace.
A. The Individual
The primary role of the individual is to improve his personality and develop traits and characteristics that would
help him build-up his self-concept, thereby making himself confident. He should develop strong spiritual and moral values,
sharpen his skills in making decisions, and strengthen his will power. He should improve his physical qualities as well as
his mental faculties.
What a person can do to prevent drug abuse?
Maintain good physical and mental health.
Use drugs properly. Most drugs are beneficial when used under medical advice.
Understand himself. Accept and respect himself for what he is.
Develop potentials. Engage in wholesome, productive and satisfying activities.
Learn to relate effectively with others. Talk to others regarding problems.
Learn to cope with problems and other stresses with out the use of drugs.
Seek professional help regarding problems that are hard to cope with.
Develop strong moral and spiritual values.
B. Family
The Role of Parents
Parents are looked upon by their children as models. The parents should:
Create a warm and friendly atmosphere in the home.
Develop effective means of communication with their children.
Understand and accept the children for what they are and not for what they want them to be.
Listen to their children, respect for their opinions, and guide them in making decisions.
Praise their children for whatever positive achievement they have accomplished no matter how trivial this may
seem.
Take time to be with their children no matter how busy they are.
Strengthen moral and spiritual values.
C. The School
Next to the home, the school is the child's next impressive world. Here, the child moves about in a bigger social
environment predominantly made up of his peers and teachers. As part of a broader social process for behavior influence,
it is said that the school is an extension of the home having the strategic position to control crime and delinquency. It
exercises authority over every child as a constituent. The teachers are considered second parents having the
responsibility to mold the child to become productive member of the community by devoting energies to study the child
behavior using all available scientific means and devices in an attempt to provide each child the kind and amount of
education they need.
The school take the responsibility of preventing the feeling of insecurity and rejection of the child which can
contribute directly to maladjustment and to criminality by setting up objectives of developing the child into a well integrated
and useful, law abiding citizens. The school has also the role of working closely with the parents and neighborhood, and
other community agencies and organizations to direct the child in the most effective and constructive way.
D. The Church
The church is also committed to fight against drug abuse. Religion is a positive force for humanitarian task of
moral guidance of the youth. It is the social institution with the primary role to strengthen faith and goodness in the
community, an influence against crime and delinquency. The church influences people's behavior with the emphasis on
morals and life's highest spiritual values, the worth and dignity of the individual, and respect for person's lives and
properties, and generate the full power to oppose crime and delinquency. Just like the family and the school, the church is
also responsible to cooperate with institutions in the community in dealing with problems of children, delinquents and
criminals as regards to the treatment and correction of criminal behaviors.
E. The Police
The police are one of the most powerful occupation groups in the modern society. The prime mover of the criminal
justice system and the number one institution in the community with the broad goals of maintaining peace and order, the
protection of life and property, and the enforcement of the laws. The police are the authority having a better position to
draw up special programs against drug abuse and crime in general because it is the very reason why the police exist.
That is to protect the society against lawless elements since they are the best equipped to detect and identify criminals.
The police are the agency most interested about crime and criminals and having the most clearly defined legal power
authority to take action against them.
F.The Government and the other Components of the CJS
The government and the other components of the criminal justice system is the organized authority that enforces
the laws of the land and the most powerful in the control of people. Respect for the government is influenced by the
respect of the people running the government. When the people see that public officers and employees are the first ones
to violate the laws, people will refuse to obey them, they set a bad example for others to follow and create an atmosphere
conducive to crime and disrespect for the law. In this regard, the government itself indirectly abets the commission of
crimes.
G. The Non-Government Organizations
CDI 7- 20
The group of concerned individuals responsible for helping the government in the pursuit of community
development being partners of providing the common good and welfare of the people through public service. When the
government is inefficient and unable to provide the necessary goods and services to the people, these non-government
organizations are good helpers in providing the required services, thus preventing drug abuse.
H. The Mass Media
The media is the best institution for information dissemination thereby giving the public the necessary need to
know, and do help shape everyday views about drug abuse, its control and prevention.
“Opium” refers to the coagulated juice of the opium poppy and embraces every kind, character and class of
opium, whether crude of prepared; the ashes or refuse of the same; narcotic prepared; narcotic preparations thereof or
therefrom; morphine or any alkaloid of opium ;preparations in which opium enters as an ingredient; opium poppy; opium
seeds; opium poppy straw; and leaves or wrapping of opium leaves, whether prepared for use or not.
Field Test: burn a small quantity of the suspected substance. The odor or smell is similar to burnt banana leaves
or has a sweetish odor.
Morphine – the drug varies in different forms such as:
Powder- white, odorless granulated powder with a very bitter taste. Sometimes however, illicit traffickers add
color to deceive investigators
Block- with embossed marks like ‘999”, “555” “AAA” “1A”, etc with ”Lion”, “Elephant”, “Tiger/Dragon” brands.
Licit morphine used for medical purposes invariably comes in powder form, tablets, capsules with the brand
name of the manufacturer.
Heroin- is a white, odorless, crystalline powder with a very bitter taste. Heroin is the hydrochloride of an alkaloid
obtainable by the action of acetic anhydride or morphine. The alkaloid base may be made by treating morphine with acetyl
chloride, washing the product with a dilute alkaline solution and crystallizing from alcoholic solution.
NOTE: Both heroin and morphine may be sold by pushers in bundle containing about .03 gram of powder. The
price will depend on supply and demand.
Cocaine (Methyl ecgonine). Cocaine (C₁2H2O) is an alkaloid obtained from the leaves of Erythorxylon coca and
the other species of Erthroxlon Linne, or by synthesis from ecgoine and its derivatives.
Preparation - It may be made by moisturizing ground coca leaves with a sodium carbonate solution,
percolating with benzene or other solvents such as petroleum benzene, shaking the liquid with diluted sulfuric
acid, and adding to the separated acid solution and excess of sodium carbonate. The participated alkaloids are
removed with ether, and after drying with sodium carbonate, the solution is filtered and the ether distilled off. The
residue is dissolved in methyl alcohol and the solution heated with sulfuric acid or with alcoholic hydrogen
chloride. This treatment splits off any acids from the ecgonine and esterifies the carbozyl group.
After dilution with water, the organic that have been liberated are removed with chloroform. The aqueous solution
is then concentrated, neutralized, and cooled with ice, whereupon methyl ecgonine sulfate crystallizes.
Upon adding water and sodium hydroxide, methyl benzoyl ecgonine or cocaine is precipitated. The cocaine is
extracted with ether and the solution concentrated For the purification of cocaine, re crystallization from a mixture of
acetone and benzene is to crystallization generally preferred.
Solubility- 1 gm dissolves in about 600 ml of water, 7 ml of alcohol, 1 ml of chloroform, 3.5 ml of ether, and is very
soluble in warm alcohol.
Uses- Cocaine was the first local anaesthetic to be discovered. At present, it is considered too toxic for any
anaesthetic procedure requiring injection, but is still extensively employed for anesthesia of the nose and throat. For this
purpose, a 10 % solution of the hydrochloride is used.
Cocaine is a central stimulant, but is never employed clinically for this purpose. Addiction and a certain amount of
tolerance result from its use. Because of its properties, the sale of cocaine is prohibited in the Philippines.
Cocaine also comes in the form of salt crystals, known as "crack" and usually sold in packets. This is the
American counterpart of the local "shabu" or methamphetamine hydrochloride.
Marijuana (Cannabis Sativa)
Marijuana is a seasonal plant grown from seed. Depending on soil and weather condition, it grows approximately
20 feet. The leaves come in clusters of 3,5,7,9 to 13 leaflets. The leaflets are elongated with the tip pointed and the sides
serrated.
Manicured or grounded leaves and flowering tops Although dried and grounded, they will retain their greenish
color.
Reefers or cigarettes known as "joints" and names - These are hand-rolled in cigarette paper, irregular and slim
with both ends tucked in or twisted.
Hallucinogen Drugs
These are the drugs that are capable of creating hallucinations in the mind of the taker such as Lysergic acid
diethylamide commonly known as LSD and other drugs falling under this category are DMT, STP, peyote and morning
glory seeds.
Synthetic Drugs
Those having the same physiological action as a narcotic drug, such as methadone and demerol.
Intermediate acting barbiturates take effect with in 15 to 30 minutes and last up to 6 hours, e.i. amobarbital and
butabarbital.
Short acting barbiturates take effect with in 10 to 20 minutes and last up to 6 hours, e.i. Pentobarbital and
secobarbital.
Ultra short barbiturates take effect with in 45 seconds and last up to 30 minutes, e.i. thiopental sodium
Note: Slang Terms of Barbiturates
Pentobarbital - "yellow jackets"
Secobarbital - "red devils" - " blue devils/ blue
Amosbarbital -" rainbow/ double trouble"
Note: Under FDA law, it is illegal to sell these drugs without prescription. There is no illegal possession charge under the
FDA law, but under RA 6425, there is such a violation.
Amphetamines - Stimulate the central nervous system and have the ability to combat fatigue and sleepiness. These are
also known at uppers.
Chemical Names
Amphetamine Sulfate
Dextroamphetamine Sulfate
Methamphetamine Hydrochloride
Amphetamines come in varied forms, colors and shapes. Examples of amphetamines are benzedrine or the
"bennies", dexedrine or the "dexies", and the methedrine known as the "meatballs". Shabu is the most widely known
amphetamine in the country today. The compound (methamphetamine hydrochloride) is also known as "poor man's
cocaine". The latter term, however, is misleading because although cheaper than that cocaine, shabu is nonetheless
expensive as compared to other drugs such as marijuana or solvents.
The Volatile Substances - also called the Inhalants, Solvents or Deliriants. This are chemicals which when sniffed can
produce intoxication effects such as gasoline, kerosene, thinner, paint, etc. The most popular among them is the solvent
rugby. These chemical substances are narcotic investigation because of their intoxicating symptoms that do not produce
alcoholic breath.
HANDLING NARCOTIC EVIDENCE
Evidence handling
Physical evidence of various types can do must to augment the inevitable oral evidence in a prosecution involving
drugs. The investigator should be constantly on alert to obtain physical evidence during an inquiry for presentation in
court.
Drug seizures- One officer, preferably the officer who made the seizure, should be detailed to take charge of the found.
The following drug procedure should guide him:
Identify the seizure in some permanent way using markings or non-removable labels or wax-sealed tie on tag.
The identification should give detail of the time, date and place of seizure, and the name of the owner or suspect
where an arrest had been made.
The officer should complete the identification of the seizure by placing his initial or signature on the identifying
label.
Where a suspect charged demands a sample of the seized drug for independent analysis, the desired sample
should be place in a suitable container. It should then be sealed in such a way as to prevent tampering preferably
with the signature of the suspect and the officer appearing on the seal.
Where another officer later takes the seizure - as in during questioning that drug is shown to suspect during
questioning - that officer should continue the chain of identification by placing his initials on the label.
Few parties as possible should hold the seized drug. permanent written record of the movement of the seizure,
noting time, dates and signatures or receiving parties should be maintained.
As soon as after seizure, the drug should be sealed in a container in such a way as to prevent loss or tampering
with. The seal should be affixed in such a way that it will be impossible to open the container without breaking the
seal. The seal should bear same identification as the seizure itself.
The officer in the area designated by his command should retain the seizure, the security of which will satisfy the
scrutiny of the court.
Where the nature of the seizure requires special storage conditions or facilities, this should be arranged and the
security of the seizure maintained.
At the first opportunity, the officer should himself deliver examination laboratory for
If the commitments of the officer holding the seized drug/s are such that he cannot travel to the laboratory, he
should hand the same to another officer who should make the delivery personally.
If personal delivery is not possible, the seized drugs) should be carefully packed in a parcel, which is then sealed.
This should be adequately addressed and shipped by certified delivery mail.
Photographs- A permanent written record should be kept relating to photographs taken in the course of an
investigation, noting the time, date and place of the photograph, its subject the weather condition at the time it was taken.
The technician might also note details of film and camera operations. Several prints of each photograph should be
obtained, and on one copy, these details should be recorded together with the name of the officers who can "prove the
photograph. The other print copies be retained unmarked for possible submission to court. Photographs of, for instance, a
meeting between two offenders can adduce valuable corroborative evidence.
Documents - Documents that may become evidence in a prosecution should be retained in their original form. They
should be treated in much the same manner as drug seizures with regard to identification, and it is suggested that all
under whose supervision this is done can later "prove" the original, particularly incases where returned to a person for
production later in court.
Investigative Records- Records in this particular category include:
Information on a suspect of drug movement
CDI 7- 23
Generally, the recognition, search, collection, handling, preservation and documentation of evidence in narcotic
investigation rest upon the quality of people involved in the activity which they follow certain guidelines for investigative
success. Below is an illustration of a basic procedure in narcotic investigation focused in the crime scene:
Receipt/Report Complaint
First Responder
Final Survey
The illustration shows a general process in the crime scene investigation involving any crime which is narcotic
investigators can fundamentally base on a scientific crime scene processing.
In the flow of the investigation, it shows that upon receipt or report of a crime, the desk officer shall record the
date and time the report/complaint was made, identify persons who made the report, place of incident and a synopsis of
the incident then inform his superior or duty officer regarding the report.
CDI 7- 24
The first responder will properly preserve the crime scene. The security and protection of the crime scene to get
maximum scientific information that will help successful prosecution of perpetrators. Then the formal investigation maybe
conducted.
Procedure at the Crime Scene Upon Arrival at the Crime Scene
Record time/date of arrival at the crime scene, location of the scene, condition of the weather, condition and type
of lighting direction of wind and visibility.
Secure the crime scene by installing the crime scene tape or rope (police line)
Before touching or moving any object at the crime scene determine first the status of the victim, whether he is
still alive or already dead. If the victim is alive the investigator should exert effort to gather information from the
victim himself regarding the circumstances of the crime, while a member of the team or someone must call an
ambulance from the nearest hospital. After the victim is remove and brought to the hospital for medical attention,
measure, sketch, and photograph.
Designate a member of the team or summon other policemen or responsible persons to stand watch and secure
the scene, and permit only those authorized person to enter the same.
Identify and retain for questioning the person who firs notified the police, and other possible witnesses.
Recording
The investigator begins the process of recording pertinent facts and derails of the investigation the moment he arrives
at the crime scene. (He should record the time when he was initially notified prior to his arrival). He also writes down the
identification of person involved and what he initially saw. He also draws a basic sketch of the crime scene and takes the
initial photographs. This is to ensure that an image of the crime scene is recorded before any occurrence that disturbs the
scene. As a rule, do not touch, alter or remove anything at the crime scene until the evidence has been processed
through notes, sketches and photographs, measurements.
Searching for Evidence
a) Each crime scene is different, according to the physical nature of the scene and the crime or offense involved.
Consequently, the scene is processed in accordance with the prevailing physical characteristics of the scene and with the
need to develop essential evidentiary facts peculiar to the offense. A general survey of the scene is always made,
however, not the location of obvious traces of action, the probable entry and exit points used by the offender(s) and the
size and shape of the area involved.
b) In rooms, buildings, and small outdoor areas, a systematic search of evidence is initiated, (In the interest of
uniformity, it is recommended that the clockwise movement be used). The investigator examines each item encountered
on the floor, walls, and ceiling to locate anything that may be of evidentiary value. He should:
give particular attention to fragile evidence that may be destroyed or contaminated if it is not collected when
discovered,
if any doubt exists as to the value of an item, treat it as evidence until proven otherwise,
carefully protect any impression of evidentiary value in surfaces conducive to making casts or molds,
note stains, spots and pools of liquid within the scene and treat them as evidence,
proceed systematically and uninterruptedly to the conclusion of the processing of the scene.
The search for evidence initially completed when, after a thorough examination of the scene, The search for the
rough sketch, necessary photograph and investigative note have been completed and the investigator has returned to the
point from which the search began..
c) In large outdoor areas, it is advisable to divide the area into strips about four (4) feet wide. The policeman may first
search the strip on his left he faces the scene then the adjoining strips.
d) It may be advisable to make a search beyond the area considered to be immediate scene of the incident or crime.
For example, evidence may indicate that a weapon or tool used in the crime was discarded or hidden by the offender
somewhere within a square mile area near the scene.
e) After completing the search of the scene, the investigator examined the objects or persons involved.
Methods of Crime Scene Search - As maybe applicable in narcotic investigation, the following methods of searches
maybe used: Strip Search Method, Double strip or grid method of search, Spiral Search Method, Zone Search Method.
Collecting Evidence - This is accomplished after the search is completed, the rough sketch finished and photographs
taken. Fragile evidence should be collected as they are found.
Removal of Evidence - The investigator places his initials, the date and the time of discovery on each item of evidence
and the time discovery on each item of evidence for proper identification Items that could not be marked should be placed
in a suitable container and sealed.
Tagging of Evidence- Any physical evidence obtained must tagged before its submission to the evidence custodian.
Evaluation of Evidence - Each item of evidence must be evaluated in relation to all the evidence, individually and
collectively.
Preservation of Evidence - It is the investigator's responsibility to ensure that every precaution is exercised which it was
recovered until it is released to the evidence custodian.
Releasing the Scene- The scene is not released until all processing has been completed. The release should be effected
at the earliest practicable time, particularly when an activity has been closed or its operations curtailed.
Pointers to Consider in Sketching the Crime Scene
To establish admissibility, the investigator must have had personal observation of the data in question. In other
words, the sketch must be sponsored or verified.
Sketches are not a substitute for notes or photos; they are but a supplement to them.
Write down all measurements.
CDI 7- 25
Fill in all the detail on your rough sketch at the scene. Final sketch may be prepared at the office.
Keep the rough sketch even when you have completed the final sketch.
Indicate the North direction with an arrow.
Draw the final sketch to scale.
Indicate the place in the sketch as well as the person who drew it. Use the KEY - capital letters of the alphabet for
listing down more or less normal parts of accessories of the place, and numbers for items of evidence
Indicate the position, location and relationship of objects.
Methods or systems of locating points (objects) on sketch
Critical measurements, such as skid marks, should be checked by two (2) investigators.
Measurements should be in harmony; or in centimeters, inches, yards, meters, mixed in one sketch.
Use standard symbols in the sketch. 14. Show which way doors swing, of stairways.
Recheck the sketch for clarity, accuracy, scale, and title key
might cause some confusion. The difference between the color formed by this tablet by this tablet and that formed the
reagent is applied. Once the difference is seen, there by a peach-colored amphetamine tablet are crushed before should
be no trouble in distinguishing one from the other.
Amphetamine powder and tablets - Red-orange onset to reddish brown to dark brown within a couple of minutes,
Caffeine powder and tablets no color reaction, Methamphetamine and tablets - Red-orange onset to reddish brown to
dark brown in 1 to 2 minutes, Phenyl tertiary butylamine HCI- Same color change as amphetamines, Wyamine sulfate-
Same color change as amphetamines.
Field Test for Barbiturates
For the tentative identification of the barbiturates, the Zwikker test is used. Zwikker Test - An anhydrous methanol
solution of the barbiturate upon several drops of chloride in methanol which changes to dark blue upon being alkalized
with a 5% isopropylamine in methanol. The Atkinson Laboratory, 33031 Fierro Street, Los Angeles, California,
manufactures a compact kit that utilized the Zwikker Test.
Test Material - The Zwikker Test Kit consists of a small plastic bag containing three solutions in plastics dropping
bottles and small porcelain spot plate. Solution # 1 - Anhydours methanol, Solution # 2 - Cobalt chloride dissolved in
methanol, Solution # 3 - 5% isopropylamine in methanol. CAUTION: The above solutions are volatile and inflammable.
They should be kept sealed.
Test Procedure - The following shall be considered:
Place part of sample into spot-tester, (enough to cover letter "O" on a typewriter key).
Put two drops of solution # 1 on sample in spot tester. (Sample should dissolve.)
Add two drops of solution # 2 (This may produce a violet or a blue color.)
Add tow drops of solution # 3. (If color deepens to a darker violet of blue, this indicates presumption
presence of barbiturate.) The solution will become contaminated. Wash and dry spot-test plat after use.